Music Performance License (ASCAP/BMI/SESAC) (2026)
Without a Music Performance License from ASCAP, BMI, or SESAC, you face immediate cease-and-desist orders, statutory damages up to $150,000 per infringement, and venue shutdown — even if you're only playing background music or hosting live entertainment. A Music Performance License (also called a performing rights license or PRO license) is your legal authorization to publicly perform copyrighted music in your restaurant, issued by the three major performing rights organizations that collect royalties on behalf of songwriters and publishers. Key facts:
- Application type: Varies by PRO (ASCAP, BMI, SESAC) — each has its own portal and requirements
- Government filing fees: $0 — fees are private royalty payments to the performing rights organization, not government charges
- Processing timeline: 1–3 business days for approval (expedited); ongoing royalty reporting required
- Auto-fill fields: ApronPrep auto-fills 0 of 0 fields for this federal requirement
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Why You Need a Music Performance License (ASCAP/BMI/SESAC)
Under the Copyright Act (17 U.S.C. § 106), the public performance of copyrighted musical works — including background music, live bands, DJs, jukeboxes, and even streaming services played through restaurant speakers — requires authorization from the copyright holder. In practice, that authorization comes from performance rights organizations (PROs): ASCAP, BMI, and SESAC each administer separate catalogs of millions of songs, and a license from one does not cover the others. Federal courts operating under ASCAP's and BMI's longstanding consent decrees with the U.S. Department of Justice set the framework for how these licenses are negotiated and priced, meaning the licensing obligation is not a technicality — it is actively enforced against food service businesses of all sizes.
Operating a restaurant without the appropriate PRO license exposes you to serious legal and financial risk. Rights holders and PROs conduct active monitoring of commercial venues, and infringement claims do not require proof of intent — playing even a single unlicensed song during service is sufficient to trigger liability. Consequences include:
- Statutory damages of $750–$150,000 per infringed work under 17 U.S.C. § 504, with the higher end reserved for willful infringement — a single evening's playlist could involve dozens of works
- Injunctive relief — a federal court order forcing you to immediately cease all music in your establishment until licensing is secured
- Attorney's fees and court costs payable to the prevailing rights holder under 17 U.S.C. § 505
- Insurance complications — most general liability policies explicitly exclude intellectual property infringement claims, leaving you personally exposed
- Lease and lender risk — a federal injunction or active litigation can trigger default clauses in commercial leases and SBA loan covenants
Legal code: Copyright Act (17 USC), ASCAP/BMI consent decrees
Recent update: As of 2024, BMI completed its transition from a nonprofit consent-decree structure to a for-profit company following DOJ approval, which may affect how licensing rates are negotiated for new applicants — contact BMI directly to confirm current rate schedules for your venue category before assuming prior published rates still apply.
Who Needs a Music Performance License (ASCAP/BMI/SESAC)?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Any full-service restaurant that plays background music, hosts live performers, or uses a jukebox must hold licenses from ASCAP, BMI, and/or SESAC, as public performance of copyrighted music without authorization violates 17 U.S.C. § 106(4) of the U.S. Copyright Act, regardless of venue size. |
| Bar / Nightclub | Required | Bars and nightclubs are among the highest-priority targets for PRO enforcement actions because music is central to their business model; live DJ sets, cover bands, and even streaming services played over speakers all constitute public performances requiring ASCAP, BMI, and/or SESAC licenses under 17 U.S.C. § 106(4). |
| Food Truck | Required | A food truck that plays music through an external speaker — even a Bluetooth speaker audible to customers — is conducting a public performance under 17 U.S.C. § 101 and requires a PRO license; the mobile nature of the venue does not create an exemption. |
| Coffee Shop / Café | Required | Coffee shops and cafés that play radio, streaming services, or host acoustic performers must hold PRO licenses; the so-called 'homestyle exemption' under 17 U.S.C. § 110(5)(A) only covers a single receiving apparatus of a kind commonly found in homes, and most commercial café setups exceed that threshold. |
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Top 5 Music Performance License (ASCAP/BMI/SESAC) Mistakes
1. Licensing Only One PRO and Assuming You're Covered
Based on ApronPrep's analysis of Music Performance License (ASCAP/BMI/SESAC) applications, the single most common mistake is obtaining a license from only one performing rights organization — typically ASCAP — and assuming all live or recorded music is covered. ASCAP, BMI, and SESAC each represent different catalogs of songwriters and publishers; playing a BMI-licensed song without a BMI agreement exposes you to infringement liability even if your ASCAP license is current. To avoid this, identify which PROs hold rights to the music you actually play (your DJ, jukebox provider, or streaming service can often supply a track list), then license all applicable PROs before opening night.
2. Misreporting Seating Capacity or Square Footage
ASCAP, BMI, and SESAC all calculate annual fees using your venue's occupancy capacity or total dining/entertainment square footage — underreporting either figure to lower your rate is the second most frequent error and can result in back-billing, penalty fees, and license termination. For example, entering 75 seats when your fire marshal certificate lists 120 creates an immediate discrepancy that auditors cross-reference against public occupancy records. Pull your certificate of occupancy before completing any PRO application and use the legally posted capacity number, not an estimate.
3. Treating a One-Time License as a Permanent Agreement
PRO licenses are annual agreements that must be renewed — typically by January 31 of each calendar year — and many restaurant owners mistakenly believe an initial approval is a one-time purchase. A lapsed license means every day you play licensed music without a current agreement is a separate infringement event, with statutory damages under 17 U.S.C. § 504 reaching up to $30,000 per work for non-willful infringement. Set a calendar reminder 60 days before your renewal date and confirm receipt of your renewal invoice directly with each PRO, since invoices sometimes go to outdated email addresses.
Timeline: Varies
Determine Which Performing Rights Organization(s) You Need
Before applying, identify which PRO(s) control the music you plan to perform. ASCAP, BMI, and SESAC are the three major U.S. performing rights organizations — each represents different catalogs of songs. Most restaurants need licenses from all three to legally play any copyrighted music. Visit ascap.com, bmi.com, and sesac.com to search their catalogs and determine coverage gaps. This step is critical: licensing only one PRO leaves you liable for unlicensed music from the other two.
Gather Business and Operational Information
Collect your business details: legal name, physical address, type of establishment (sit-down restaurant, bar, fast-casual, etc.), seating capacity, and whether you'll have live performers or use background music (DJ, streaming, jukebox, etc.). Each PRO asks how you'll use the music — the format and venue size determine your license tier and fee. Have your EIN and business license ready; most applications require proof of legal business status.
Complete the License Application for Each PRO
Fill out separate applications for ASCAP, BMI, and SESAC through their respective websites or by mail. Each application typically includes 15–25 fields: business name, address, music usage type (background, live performance, DJ, etc.), hours of operation, and estimated number of patrons. Online applications are processed faster than paper submissions. ApronPrep's auto-fill feature populates your business information across all three applications, reducing duplicate data entry by ~70%.
Other Requirements You'll Need
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Application for Employer Identification Number
federal
Articles of Organization (LLC) or Articles of Incorporation (Corporation)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing timelines vary significantly depending on which performing rights organization (PRO) you work with and whether your application is complete. ASCAP, BMI, and SESAC each maintain separate approval workflows — contact the specific PRO directly to confirm current processing times, as they do not publish standardized timelines on their public websites. Most restaurants complete the license application itself in under 20 minutes, but approval from the PRO can take anywhere from a few days to several weeks depending on business verification requirements.
Government filing fees for music performance licenses are $0–$0, as these licenses are issued by private performing rights organizations rather than government agencies. However, ASCAP, BMI, and SESAC each charge their own licensing fees directly to restaurants based on venue size, hours of operation, and music usage — these fees are set by the PROs and vary widely. Contact ASCAP, BMI, or SESAC directly for current fee schedules specific to your restaurant's classification. Not legal advice — verify fee amounts with the performing rights organization you select.
Music performance licenses are location-specific and tied to your restaurant's physical address and operating details. If you relocate, you will need to notify your performing rights organization and update your license terms, as your fees may change based on the new venue's size and capacity. You should also ensure compliance with any local requirements — for example, verify that your new location meets Certificate of Occupancy requirements before operating with music. Contact your PRO to confirm whether your existing license can be amended or whether a new application is required.
Renewal schedules depend on the performing rights organization you work with. ASCAP, BMI, and SESAC typically issue annual licenses that renew on a calendar-year or anniversary-date basis — verify your specific renewal date when you receive your initial license agreement. Most restaurants receive renewal notices 30–60 days before expiration; contact your PRO if you do not receive a notice to avoid service interruptions.
Music performance licenses do not involve in-person government inspections — these are commercial licensing agreements with private performing rights organizations. However, PROs may conduct periodic audits or verify that your restaurant is accurately reporting music usage and paying appropriate fees based on your venue size and operational hours. If your restaurant undergoes a general compliance inspection (such as for Building Permit or occupancy compliance), ensure you can demonstrate your current music license to inspectors if questioned about music performance rights.
About This Data
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
Sources
- Copyright Act (17 USC), ASCAP/BMI consent decrees
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