Answers / Exemption
Is my venue exempt from music licensing?
Possibly — but only for radio and TV broadcasts, and only within strict limits.
01
The rule (17 U.S.C. §110(5)(B)).
- Food and drink venues
- Under 3,750 gross sq ft (excluding parking): broadcasts exempt with no equipment limits.
- Other businesses
- Under 2,000 gross sq ft: broadcasts exempt with no equipment limits.
- Larger venues
- Still exempt only if audio uses no more than 6 speakers in total (no more than 4 in one room or adjoining space), and TVs number no more than 4 (one per room, 55-inch maximum).
- Always
- No direct charge to hear the music; no retransmission beyond the venue; the broadcast itself must be licensed.
02
What it never covers.
- Streaming services, downloads, CDs or vinyl.
- Live music, DJs or karaoke.
- Music you add to social media or marketing.
Summary of the statute for general information; check the current text before relying on it.
03
Check your venue in two minutes.