September 23, 2026 Austen Thompson

DO I NEED LICENSED MUSIC FOR BUSINESS?

So you want to play music in your business? Great! But before you reach for that AUX cord, make sure you are legally covered.

Many assume they can plug in their phone and play music at their business. After all, silence is awkward. You, your employees, and your customers don’t want to work, shop, or eat without something to fill the void. However, there are penalties for doing so without a proper license.

2026 Update: Enforcement hasn’t slowed down. In 2025 and 2026, BMI and ASCAP won court judgments against bars in Georgia and Maryland and filed new lawsuits in New Jersey, North Carolina and Illinois. In one case, the business already had a BMI license and was still sued, by ASCAP. See the recent cases below.

Common Questions about licensed music for business.

  1. Can I just play my music from my subscription service?

While you may pay for a personal subscription streaming service such as Apple Music or Spotify, those personal music services are not authorized for use in a commercial environment. To play music in a place of business, you are required to pay a licensing fee.

  1. Is it really that big of a deal?

While it can be tempting to ignore the need for licensed music altogether and take the chances of getting caught, it may not be in your best interest. Be warned, the fines for failure to pay a fee are not cheap.

These fees are handled by what are known as Performance Rights Organizations, or PROs.

  1. What are PROs?

What's the Difference Between ASCAP, BMI, SESAC, and SoundExchange?

PROs serve as an intermediary between the music industry and those who wish to use copyrighted material in public locations and businesses.

The four biggest PROs are ASCAP, BMI, SESAC, and SoundExchange. Businesses can be subject to significant fees and legal penalties if they don’t secure the proper rights to the music they play.

  1. What are the fines?

Under U.S. copyright law, damages run from $750 to $30,000 per song, and up to $150,000 per song if the court finds the infringement was willful. An incident can be just playing one unlicensed song. The business also usually pays the other side’s attorney fees. In a 2025 Maryland case, the court set damages at about three times the license fees the bar had skipped. In other words, not paying for a license cost roughly three times more than paying for one.[x] While some businesses may financially be able to pay the fines, it’s certainly not always the case.

  1. What are some examples?

Recent cases (2025–2026)

  • Pals Watering Hole, Eatonton, Georgia (August 2026): A federal court ordered the bar to pay $17,200 ($4,300 per song) plus legal fees and interest for four songs, including “Mambo No. 5” and “Family Tradition.” BMI had contacted the bar more than 60 times by phone, mail and email before suing.[viii]
  • Ottobar, Baltimore, Maryland (June 2026): The venue was ordered to pay about $18,500 in damages and fees for just three karaoke songs, including “Take On Me.” Karaoke and live bands count as public performances too.[ix]
  • The Irish Pub Next Door, Pasadena, Maryland (October 2025): The court awarded BMI $12,960 in damages, attorney fees and costs, which was about three times the license fees the bar had avoided.[x]
  • Five Dimes Brewery, Westwood, New Jersey (October 2025): ASCAP sued over three songs, including “I Will Survive.” The owner said he had held a BMI license since opening. That license didn’t cover songs in ASCAP’s catalog.[xi]
  • Boatyard Lake Norman, North Carolina (June 2026): ASCAP and several music publishers, joined by producer Swizz Beatz, sued over songs including “Party Up (Up in Here)” and “Jump Around.” They are seeking up to $30,000 per song plus fees.[xii]
  • Martini’s on Water Street, Peoria, Illinois (March 2025): ASCAP sued over four songs after more than 60 attempts over several years to get the bar licensed.[xiii]

Earlier cases

    • In 2019, ASCAP sued the Meadowlark Bar in Denver for a fine of $27,000.[i]
    • BMI sued one bar in Missouri for an undisclosed amount, forcing the bar to close after the lawsuit.[ii]
    • BMI sued the Green Knoll Grill in New Jersey for more than $20,000.[iii]
    • Vazzy’s Cucina in Connecticut paid $18,000 for illegally playing just nine unlicensed songs.[iv]
    • 69 Taps in Ohio paid $1.5 million in fines for a cover band that played only ten songs.[v]
    • And the fines are not limited to just bars and restaurants; BMI sued the Biltmore Hotel in Oklahoma City after contacting the establishment over 70 times for violation concerns.[vi]
    • And the Hilton Garden Inn in Bloomfield, NY, was sued by ASCAP for $30,000.[vii]
  1. I already have a BMI (or ASCAP) license. Am I covered?

Not necessarily. ASCAP, BMI, SESAC and GMR each represent different songwriters and publishers, and each license only covers that organization’s songs. A single playlist almost always mixes songs from several of them. The Five Dimes Brewery case above is a good example: the owner held a BMI license and was sued by ASCAP. Live bands, DJs and karaoke nights count as public performances as well, even if the business didn’t choose the songs.

  1. How is going with Muzicraft going to make this easier?

Thankfully, Muzicraft provides music for businesses and will cover all background music licensing issues and fees on your behalf. And with over 70 years in the music industry, we have the experience and knowledge to work with you to find the music that best fits your business. These music subscription services offer professionally designed music playlists specifically created for business use.

We can handle fees with all the significant PROs, so you have access to the most extensive background music library on the planet. Purchasing music for business service also means that all the appropriate licensing fees are covered, so you can play the music you want worry-free.

So, before connecting your Bluetooth speakers and playing your favorite playlist, cover your bases to avoid paying unwanted fines. Paying for a music for business subscription handles the payment of these licensing fees on your behalf. You can feel good about supporting the artists and creators whose music you enjoy, and your company will be seen as socially responsible for using fully-licensed music in your business.

 

[i] https://www.denverpost.com/2019/11/01/meadowlark-bar-ascap-copyright/

[ii] https://www.riverfronttimes.com/music/jps-corner-bar-sued-by-bmi-for-allowing-cover-songs-without-a-license-29941839

[iii]  https://www.usatoday.com/story/money/business/2015/06/10/bmi-song-lawsuits-jersey-restaurants/71037378/

[iv] https://www.hartfordbusiness.com/article/sued-for-a-song-music-licensing-lawsuits-hit-ct-restaurants

[v] https://onstagemagazine.com/bmi-sues-bar-for-cover-band-show-over-1-5m/

[vi] https://journalrecord.com/2016/10/19/bmi-sues-biltmore-over-music-licensing-law/

[vii] https://www.silive.com/entertainment/2015/08/they_found_love_and_possible_c.html

[viii] WGXA: Putnam County bar ordered to pay $17,200 plus fees for playing unlicensed music (Aug. 2026)

[ix] Digital Music News: Baltimore bar must pay $18.5K for unlicensed karaoke songs (June 2026)

[x] U.S. District Court for the District of Maryland: BMI v. The Bar Next Door, LLC, memorandum opinion (Oct. 20, 2025)

[xi] Patch: New Jersey restaurant sued by ASCAP over unlicensed music (Oct. 2025)

[xii] HotNewHipHop: Swizz Beatz and music publishers sue bar for playing unlicensed songs (June 2026)

[xiii] 25 News Now: Peoria bar sued for playing music without license (March 2025)

Additional Sources

https://us.moodmedia.com/sound/music-licensing/

https://www.bmi.com/

https://www.ascap.com/

https://www.sesac.com/

https://www.soundexchange.com/