What happens if a restaurant or bar plays music without a license?

How it usually unfolds

Copyright law gives the owner of a song the exclusive right “to perform the copyrighted work publicly” (17 U.S.C. §106(4)). Playing music for the public, such as in a bar, is a public performance. Groups called performing rights organizations (PROs) license that right to businesses. ASCAP, BMI, SESAC and GMR are PROs. They do this for songwriters and publishers. The PROs’ own words point to a slow, step-by-step path:

1. Letters and calls. ASCAP says it will sue when a bar or club owner refuses a license. It adds, “but this only happens after many attempts to educate them about their obligations under Federal law” (ASCAP, why ASCAP licenses bars, restaurants and music venues). A BMI spokesperson told Bloomberg that lawsuits are “always a last resort”. The spokesperson added that BMI “spends sometimes years on educational outreach” (Bloomberg via Indianapolis Business Journal, July 9, 2025).
2. A visit. BMI said in the same report that if those efforts are ignored, “an in-person visit might occur, and BMI may take legal action” (Bloomberg via IBJ).
3. A lawsuit in federal court. Federal district courts hear copyright cases. The law says “No State court shall have jurisdiction” over them (28 U.S.C. §1338(a)). On March 10, 2026, ASCAP announced “11 separate copyright infringement actions against establishments across the country”. It said it had made “numerous attempts” at each one “to offer a license and educate the business owners about their obligations under federal copyright law” (ASCAP press release, March 10, 2026). On October 19, 2026, music publishers and songwriters linked to ASCAP filed copyright lawsuits. They sued hospitality and entertainment businesses in several states. Several of these lawsuits reportedly say the PROs had been in touch with the businesses many times before they sued (Brownstein client alert, “Music licensing under the microscope” (Nov. 9, 2026)).

A lawsuit is about specific songs. That is because statutory damages are set “with respect to any one work” (17 U.S.C. §504(c)(1)). Statutory damages are amounts set by law. They can take the place of the owner’s proven losses. These sources show the usual pattern. They do not say how any single case ends, and neither do we.

What the law allows

Federal copyright law says what a court may order if it finds infringement. Infringement means using someone’s work in a way that breaks their copyright. The quotes below come straight from the law.

Damages, two ways

An infringer is liable for one of two amounts. The first is the copyright owner’s “actual damages and any additional profits of the infringer”. In plain words, that is what the owner lost, plus any extra profit the infringer made. The second is statutory damages (17 U.S.C. §504(a)). The copyright owner may choose statutory damages “at any time before final judgment is rendered” (§504(c)(1)).

Statutory damages per work

US law sets statutory damages at “Not less than $750 or more than $30,000 as the court considers just”, for each work infringed (17 U.S.C. §504(c)(1)). Here, a work means one song.

If the infringement was willful

The copyright owner has to prove that the infringement was committed willfully. The court has to find so too. Then the court “may increase the award of statutory damages to a sum of not more than $150,000” per work (§504(c)(2)).

If the infringement was innocent

The infringer has to prove that it “was not aware and had no reason to believe” that its acts were infringing. The court has to find so too. Then the court may reduce the award to “not less than $200” per work (§504(c)(2)).

Costs and lawyer’s fees

The court “in its discretion may allow the recovery of full costs”. It “may also award a reasonable attorney’s fee to the prevailing party as part of the costs” (17 U.S.C. §505). The prevailing party is the side that wins.

Injunctions

The court may “grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright” (17 U.S.C. §502(a)). An injunction is a court order to do or stop doing something.

These are the ranges the law allows, not a prediction for any venue. Within them, the court decides.

Who may be held responsible

The PROs say the business is responsible, not only the DJ or the band. ASCAP says: “Anyone involved in enabling an unlicensed public performance may be held liable for copyright infringement, including corporate officers, business owners and managers” (ASCAP Music Licensing FAQs). ASCAP also says that “all who participate in, or are responsible for, performances of music are legally responsible”. It adds that “it is the business owner who obtains the license” (ASCAP, why ASCAP licenses bars, restaurants and music venues). SESAC says “a business cannot shift its responsibility to musicians or entertainers” (SESAC, “Who is responsible for paying music licensing fees?”). In short, the PROs say the business owner must get the license.

These statements give the PROs’ own view. How this applies to one venue or person is a question for a licensed attorney. Do I need a license for live music, DJs or karaoke? covers performers in more detail.

What to do

• Have you been sued, or do you have a lawyer’s letter, a demand or a deadline? Speak to a licensed attorney first.
• Do not ignore letters. One law firm wrote to hospitality businesses about letters from ASCAP or another PRO. Its advice is short: “Do not ignore it” (Brownstein client alert). Got a letter from BMI, ASCAP, SESAC or GMR? sets out what to do this week.
• Keep a record of what you play. The same alert suggests you review how you use music in each location and online. It also suggests you check that your licenses are current and broad enough (Brownstein client alert). List your music service, live nights, DJs, karaoke, TVs and events.
• Keep the licenses you hold in one place. That means your music service contract, PRO invoices and agreements. Each PRO licenses its own catalog of songs, as Do I need ASCAP, BMI, SESAC and GMR? explains.
• Not sure where you stand? The free Music Exposure Check takes about two minutes. It runs in your browser.