Cafe Music Licensing: What Café Owners Need to Know

Cafe music played for customers in the US usually counts as a public performance, which means the café generally needs permission from the people who hold the rights. Most cafés get that permission through licenses from performing rights organizations (PROs) such as ASCAP, BMI, SESAC and GMR, or through a business music service that includes licensing. Personal streaming accounts are generally meant for private, non-commercial use, so they are not a safe substitute.

This article is general information for café owners, not legal advice. Copyright rules are detailed and change over time, so check current terms with the organizations involved and speak with an attorney for your situation. If you want ideas for what to play rather than how to license it, see our guide to coffee shop music.

Why Cafe Music Needs a License

US copyright law gives songwriters and music publishers the exclusive right to perform their works publicly. Playing music in a business that is open to the public, whether from a playlist, a CD, the radio or a live band, is generally treated as a public performance.

Buying a song or paying for a personal streaming plan gives you the right to listen privately. It doesn’t automatically include the right to play that music to customers. That’s where public performance licenses come in.

Performing Rights Organizations Explained

PROs represent songwriters and publishers. They issue blanket licenses that let a business play any song in their catalog, then pass royalties to the rights holders. In the US, the main ones are:

• ASCAP (American Society of Composers, Authors and Publishers)
• BMI (Broadcast Music, Inc.)
• SESAC
• GMR (Global Music Rights)

Each represents a different set of songs. A license from one doesn’t cover songs represented by another, which is why many businesses that play a broad mix of popular music hold more than one license. Fees typically depend on factors such as the type of business, size, number of speakers, and whether you have live music. Ask each organization for its current rates for your café.

Streaming Services: Personal vs Business

Popular consumer streaming services generally limit their accounts to personal, non-commercial use in their terms of service. Playing your personal account over the café speakers may break those terms and doesn’t provide public performance licenses.

Business music services are designed for commercial spaces. Some include licensing for the music they provide; others leave part of the licensing to you. When comparing them, ask:

1. Which public performance licenses are included, and for which locations?
2. Does the service cover the sound recordings as well as the songs?
3. Are there limits on the number of zones, speakers or square footage?
4. What happens to your playlists and licenses if you cancel?
5. Can you get written confirmation of what’s covered?

The Small Business Exemption for Radio and TV

US copyright law, in section 110(5)(B) of Title 17, contains an exemption for certain food service and drinking establishments that play radio or TV broadcasts. It came from the Fairness in Music Licensing Act of 1998. In broad terms:

Two important limits: the exemption applies to transmissions from licensed broadcast stations (and, for audiovisual, cable or satellite), and it does not cover playlists, downloads, CDs or streaming apps. You can read the statute itself at the Cornell Legal Information Institute. Whether your café qualifies depends on details, so confirm before relying on it.

Live Music and Open Mic Nights

Live performances of copyrighted songs are public performances too, even when the band plays covers for free. Many cafés’ PRO licenses address live music, sometimes at a different rate than recorded music. If performers play only their own original songs, the situation can be different, but cover songs usually require licensing. The rich tradition of folk nights and open mics, covered in our piece on coffeehouse music history, still runs on these licenses today.

Practical tips for events:

• Ask performers what they plan to play.
• Confirm your licenses cover live performances.
• Keep a simple log of events and dates.
• Be careful with recording or livestreaming performances, which can raise separate rights questions.

A Café Owner’s Music Checklist

1. List every way you play music: streaming, radio, TV, live, events, on-hold phone music.
2. Decide your approach: PRO licenses, a business music service, or a mix.
3. Request quotes and keep written records of every license and renewal date.
4. Train staff not to connect personal phones or accounts to the sound system.
5. Review yearly when you add space, speakers, TVs or live events.
6. Get advice from an attorney or your local business association if anything is unclear.

Sound shapes how long guests stay and how they work; our article on coffee shop ambience looks at that side.

Cafe Music Licensing FAQ

Do cafés need a license to play music?

In most cases, yes. Playing copyrighted music in a business open to the public is generally a public performance that requires permission, usually through PRO licenses or a business music service.

Can a café play music from a personal streaming account?

Generally not. Consumer streaming plans are typically limited to personal, non-commercial use and don’t include public performance licenses for businesses.

Is radio free to play in a small café?

US law has an exemption for certain food and drink establishments playing broadcast radio or TV, with conditions based on size and equipment. It does not cover streaming apps, CDs or playlists.

Do open mic nights need music licenses?

If performers play songs written by others, the performances are usually covered by public performance rights, so a license is generally needed. Check that your licenses include live music.

Set the Mood the Right Way

Sorting out cafe music licensing once lets you focus on the playlist and the coffee. Pair your soundtrack with a crowd-pleasing brew like our Cowboy Blend, a bold French Roast, or picks from the coffee blends collection. Every Feel Espresso order is roasted 1–5 days before delivery and arrives in 2–5 days.