Music is a huge part of our lives. We listen to it in our cars, at the gym, while shopping, and during parties and events. But have you ever wondered if you can get sued just for playing music out loud? This is an important question for anyone who enjoys listening to music in public places or who hosts events with music. Keep reading to learn more about copyright law and when you could potentially face legal action for playing songs out loud.
What does copyright protect?
Copyright law protects original works of authorship like songs, books, paintings, and films. This gives the creators control over certain uses of their work for a limited time. Copyrighted musical works include the lyrics, melodies, rhythms, and overall composition of a song. This means you need permission from the copyright holder (usually the artist and/or record label) for certain uses of their music.
Rights protected by copyright
Copyright provides the owner with a bundle of exclusive rights, including:
- Reproduction – Making copies of the work
- Distribution – Selling, renting, leasing, or lending copies to the public
- Public performance – Playing the music publicly
- Public display – Showing a copy of the work publicly
- Creation of derivative works – Making adaptations or new versions
So in order to use a copyrighted song legally, you need permission from the rights holder for any activities that fall into these categories.
When do you need a license to play music publicly?
If you plan to play copyrighted music at an event, restaurant, bar, shop, or other public place, you generally need permission in the form of a public performance license. There are a few exceptions and nuances to note:
Exceptions
- Face-to-face teaching – Teachers can perform music in class without a license.
- Religious services – Houses of worship don’t need a license for religious services and rituals.
- Non-commercial uses – No license is needed for non-profit performances.
Home use
You don’t need a license to listen to music at home, even if others are present. But once an event is advertised and open to the public, it becomes a public performance requiring the appropriate license.
Venue size
The size of the venue matters too. Generally, a business under a certain square footage (usually 2,000 square feet or less) doesn’t need a public performance license to play radios or TVs. But they would still need permission for live or recorded background music.
Indirect vs direct licensing
There are two main ways to get permission to play music publicly:
- Indirect licensing – Blanket licenses from Performing Rights Organizations (PROs) like ASCAP, BMI, and SESAC cover millions of songs from their repertoire.
- Direct licensing – Licensing directly from the copyright holder. This gives permission for a specific usage.
Many bars, restaurants, retail stores, gyms, and other businesses rely on PRO blanket licenses. But for some uses, you may need to seek direct licensing from the rights holders.
When could you get sued?
There are a few scenarios where you could face legal trouble for unauthorized use of copyrighted music:
Playing unlicensed music in your business
If your business plays music publicly but doesn’t have the proper performance licenses, you could be sued for copyright infringement. PROs like ASCAP and BMI comb cities for unlicensed music use and issue lawsuits to collect royalties.
Using music without permission at an event
Let’s say you host a big public conference and decide to liven it up with popular songs during the event. The rights holders could sue you for unauthorized public performance of their music.
Making an unauthorized remix or adaptation
If you use parts of a copyrighted song without permission to make your own new version, the rights holders could sue you for violating their derivative works right.
Sharing unauthorized copies online
Uploading full copies of copyrighted songs to the internet without permission violates the rights holders’ reproduction and distribution rights. This could lead to legal action.
Fair use
Fair use is a legal defense against copyright infringement under certain circumstances. To determine if use of a work qualifies as fair use, courts consider these four factors:
- Purpose and character of the use
- Nature of the copyrighted material
- Amount used
- Potential market effect
In general, uses for criticism, commentary, news reporting, teaching, scholarship, and research are more likely to be considered fair use. But there are no hard and fast rules, so you can’t rely on fair use unless you’re willing to take on the cost and uncertainty of potential litigation. Many prefer licensing as a simpler, safer option.
Parody
Parodies that poke fun at an original work can qualify as fair use because they are transformative in nature. But taking a song and changing the lyrics for funny or satirical purposes without permission could still get you sued. Proceed with caution when creating parody songs.
Sampling
When musicians sample small portions of existing songs in new recordings, it can sometimes qualify as transformational fair use. But getting permission is always the best route since boundaries of fair use are fuzzy. Heavily sampled or unaltered samples are less likely to be considered fair use.
Cover songs
Cover songs don’t qualify as fair use because they involve an entire work re-recorded in a new style, as opposed to adding new expression or meaning. Legal covers always require a mechanical license from the rights holder.
How to get permission to play music legally
Here are some tips for safely and legally using copyrighted music:
Licensing music for your business
Get blanket public performance licenses from ASCAP, BMI, and SESAC. This gives you access to millions of songs to play in your business. You can also seek direct licenses from record labels and publishers for extended uses.
Licensing music for events
Recorded music and live covers typically require a license from the PROs and publishers. Work with an event insurance company for one-off licenses tailored to your event music use.
Licensing for online or digital use
For using songs in YouTube videos, podcasts, or other digital content, obtain synchronization and master use licenses. Work directly with rights holders or use a service like Songfile or Easy Song Licensing.
Seeking consent for special projects
If you want to create remixes, mashups, parody songs, or other derivative works, get permission directly from the rights holders when possible. They may give you consent with negotiated terms.
Paying musicians fairly
For live music at your event, be sure to compensate the performers fairly. Don’t expect bands to play for free exposure – they deserve reasonable pay for their work.
Consequences of copyright infringement
If you use music without proper licenses, you could face:
- Fines of up to $30,000 per unauthorized song
- Lawsuits from publishers, PROs, and record labels
- Royalty payments for past unlicensed use
- Legal fees
- Reputational damage
- Injunction barring you from playing music
- Jail time for criminal copyright infringement (rare)
It’s not worth the risk of legal consequences and expenses. Always get the necessary licenses and permission for your specific usage.
Example lawsuits
To understand how steep penalties can be, check out these real-world examples:
- A lounge in Missouri faced a $30,000 lawsuit for playing 4 unlicensed songs.
- A restaurant owner in Florida was ordered to pay $32,500 for letting a live band playcover songs without permission.
- The owner of a skating rink in Georgia owes $10,500 for playing 9 songs without a license.
These examples show why music licensing should be an important part of running any business or organizing events. The potential damages add up quickly, making legal music use the wise path.
How to avoid music copyright disputes
Here are some pro tips for legally and safely integrating music into your business or activities:
- Obtain all necessary licenses from PROs and publishers to play recorded or live music publicly.
- Read contracts carefully and know exactly what rights each license grants you.
- Maintain accurate records of music uses and licenses.
- If in doubt about usage rights, reach out for direct permission from copyright holders.
- For special projects, negotiate the scope of consent directly with artists and labels.
- Don’t rely on fair use for comfort – only use what you have explicit permission for.
- Remove or mute unauthorized music immediately upon receiving a takedown notice.
- Purchase commercial licenses and royalty-free music from retailers like Triple Scoop Music.
Staying legally compliant takes effort, but is well worth it. Following best practices will allow you to use music to enhance your business while avoiding lawsuits.
Conclusion
You absolutely can get sued for copyright infringement if you play copyrighted music publicly without the required licenses. Penalties often reach thousands of dollars per infringement. But armed with the right knowledge about music licensing, you can legally play tunes to liven up your establishment or event. Seek licenses from PROs like ASCAP and BMI and directly from publishers when needed. Stay vigilant about permission, and remove or mute any disputed music immediately. Making the effort to use music legally will spare you costly lawsuits down the road. With some diligence, you can safely play music that delights customers and guests.