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What a Venue Music Audit report looks like.
The same six sections you receive, filled in for an invented venue. Nothing here is a real business, client or result.
Harbor & Pine Tavern: Venue Music Audit
Fictional restaurant and bar, one location, 4,200 gross sq ft, with a Friday live band and a Saturday DJ.
1. Music use map
| Use | When | Source | Controlled by |
|---|---|---|---|
| Background music | Open to close, daily | Business music service, 3 zones | Manager on duty |
| Live band | Fridays, 8:30 to 11:30 pm | Band’s own set list | Booking manager |
| DJ | Saturdays, 11:30 pm to 1:30 am | DJ’s own library | DJ, with venue approval |
| Bar TVs | 11 am to 11 pm | Cable sports channels, 6 screens | Bar staff |
| Social video | About 2 posts a week | Phone clips with added music | Owner |
2. License table
| License | Held | Needed for | Status |
|---|---|---|---|
| ASCAP | Yes, direct | Live band, DJ | Possible overlap |
| BMI | Yes, direct | Live band, DJ | Possible overlap |
| SESAC | No | Live band, DJ | Gap |
| GMR | No | Live band, DJ | Gap |
| Music service | Yes | Recorded background music it supplies | Covered |
| TV broadcast | n/a | 6 screens at 4,200 sq ft | Needs a check |
Status is a reading of the documents you send, not a determination of what a PRO or court would find. Why TV needs a check: over 3,750 sq ft, the broadcast exemption depends on speaker and screen counts (17 U.S.C. §110(5), exemption for certain establishments).
3. Exposure range
Weekly live and DJ sets draw on SESAC and GMR songs that no license in this venue covers. For each work infringed, a court may award statutory damages from $750 to $30,000, and up to $150,000 per work if the infringement is found willful (17 U.S.C. §504(c), statutory damages).
This is the range the statute allows, not a prediction. It does not say what any PRO would claim or what a court would decide.
4. Savings to verify
Background music may be paid for twice: once through the music service and again through direct ASCAP and BMI licenses. Do not cancel anything yet. Ask in writing:
- To the music service: “Does your agreement include public performance licensing for the recorded music you supply to this location? Please quote the clause.”
- To ASCAP and BMI: “Our recorded background music comes from a licensed music service. How is that reflected in our license rate? Which uses is our license for?”
Keep both replies with your license files before changing any contract.
5. Ten actions, in order
- Ask the music service to confirm its coverage in writing.
- Ask ASCAP and BMI how recorded background music is treated in your rate.
- List every live and DJ booking for the next 90 days.
- Request license quotes from SESAC and GMR for live and DJ nights, or change the booking terms.
- Add a licensing clause to booking agreements: who is responsible for which licenses.
- Count TV screens and speakers per room and compare with the §110(5)(B) limits.
- Move social-video music to tracks the platform’s terms allow for business accounts.
- File every license, invoice and written reply in one folder.
- Name one person who approves new music uses.
- Re-check this list each time you add a room, a night or a service.
6. Volume and daypart rules
| Daypart | Source | Level | Who changes it |
|---|---|---|---|
| Open to 5 pm | Music service, daytime channel | Low: guests talk without raising their voices | Manager on duty |
| 5 to 8:30 pm | Music service, dinner channel | Medium-low: conversation across the table | Manager on duty |
| Fri 8:30 to 11:30 pm | Live band | Agreed with band; stage-side check by manager | Booking manager |
| Sat 11:30 pm to close | DJ | Agreed with DJ; check at start of set | DJ, with venue approval |
Sources
Last reviewed November 12, 2026.
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