Who Pays ASCAP & BMI fees?
One of the biggest questions we get time & time again is, “Can you pay my ASCAP & BMI fees?”
The answer is yes & no.
Let’s start with the yes answer…
If your venue has an overhead music system that wants background music to play, you can use a service like our Play-listing Curation to have expertly picked songs create the vibe for your spot. With our system, every song played is licensed by ASCAP & BMI for commercial use & your fees for playing those songs are covered in your monthly fee with us.
So where can’t we pay for your ASCAP & BMI Fees…
The Short answer, for any Live Music performance. This includes DJs, Bands, Solo acts, etc. All fees & licensing that enable a business to have those performances must remain with the property. If you want to book a DJ or Band, our team can assist, but any fees outside of the backline & talent fee have to be paid by the venue.
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business. - ACAP.com
In addition, some cities require a special license to have live musicians perform. In Chicago for instance, your venue may need a PPA License. Those are typically based on capacity & business type.
Music Licensing faqs
How Much Will a Music License Cost Me?
Music licensing costs depend on your needs and how you choose to obtain licensing. The traditional and more expensive route is to obtain a license directly from ASCAP or BMI. That could cost you thousands a year and mean you have to deal with monthly compliance reports.
Alternatively, you can subscribe to a music curation service, like the monthly subscription-based service provided by The Music Trust. Our affordable subscription fees will cover all of the music licensing costs, including ASCAP fees and BMI fees.
What Is Music Copyright Infringement?
It’s the use an artist’s work without proper permission — that means performing, playing, reproducing, or distributing protected music without the proper licensing (permission) to do so.
If you’re sued for music copyright infringement, the damages can be steep. You could have to pay as much as $150,000 per song.
What If I Stream Music in My Venue without Obtaining a Music License?
You can get sued. The ASCAP and BMI file several lawsuits every year, suing businesses over copyright infringement. It’s way cheaper to subscribe to a music programming service that comes with a fully licensed music catalog.
Do Live Bands or DJs Need Music Licensing?
No. Bands and DJs cannot purchase these licenses unless they are also promoting or producing an event. The venue is responsible for acquiring music licenses, even if they hire outside talent as entertainment.
You should be aware, however, that if a music venue is charging admission, the licensing requirements can change.
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Music licensing is just one of our specialties — but it’s not the only one.
