Retail Establishments

Yes, TV, cable, and radio stations enter into license agreements with BMI. However, these agreements do not cover the re-broadcast of such TV, cable, and radio to the public at establishments like yours. In fact, public performances of radio and TV are specifically addressed in Title 17, Section 110(5) of the U.S. copyright law which states that any establishment, other than a food service or drinking establishment, that is 2000 square feet or larger must secure public performance rights for TVs or radios if the following conditions apply:

For TV, if the establishment is using:
- more than four TVs;
- more than one TV in any one room; or
- if any of the TVs used have a diagonal screen size greater than 55 inches.

For radio, if the establishment is using:
- more than six loudspeakers; or
- more than four loudspeakers in any one room.

Many Commercial Music Services (CMS) are licensed with BMI for the audio only programming they provide to the business. The business must confirm that a particular CMS is appropriately licensed with BMI. There are several limitations in BMI’s agreement with the CMS providers that will not allow them to license on the business’s behalf. Limitations apply and the business must obtain its own licensing with BMI if:

- The business is charging an admission fee or cover charge of any kind;

- The business utilizes the programming for an accompaniment to dancing or is used by a DJ/VJ;

- The business utilizes the programming for instructed health club classes.

For all other types of live or recorded music, which include but are not limited to tapes, records, CD’s, VJ’s, televisions, free-play jukeboxes, Karaoke or other digital audio not provided by the CMS, the venue must obtain the appropriate licensing from BMI.

On or before the 20th day of the first month following each contact year, you’ll submit a report on all of your licensed retail premises for the contract year indicating the trade name, address, phone number and contact name; the total square footage; and whether the location was added or deleted during the contract; year and the date of and reason for any additions or deletions. You will also include the type of music usage for each establishment. Your estimated fee may then be adjusted based on this report.