Patent, Copyright & Trademark by Richard Stim

Author:Richard Stim [Attorney Richard Stim]
Language: eng
Format: epub
ISBN: 978-1-4133-2463-1
Publisher: Nolo
Published: 2018-12-13T16:00:00+00:00

performing music at a business

Performing rights societies collect fees from establishments where music is performed, such as clothing stores, bars, or restaurants. The “performance” of a song has a broad meaning encompassing live concerts; playing of a recording at a business or club; and transmission of a song via radio, television, cable, or digital signals.

Some businesses are exempt from these pay-for-play rules. Businesses that play the radio or television do not have to pay performance fees if they meet one or more of the criteria below:

• The business is a restaurant or bar under 3,750 square feet.

• The business is a retail establishment under 2,000 square feet.

• The business, regardless of size, has no more than six external speakers, but not more than four per room, or four televisions measuring 55 inches or less, but not more than one per room.

The exemptions above apply only to establishments that play radio and television. Establishments playing prerecorded music, such as compact discs, must still pay performance fees. Permission is not required to play a song in a record store or if the song is played via licensed jukebox.

Related terms: mechanical rights; musical works and sound recordings distinguished; performing a work; performing rights societies.

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