Playing music in a salon for customers and staff requires a public performance license from the organizations that represent songwriters, composers, and music publishers. Under federal copyright law, playing music in a commercial setting constitutes a public performance that requires authorization from the copyright holders. Most salons need licenses from one or more performing rights organizations to legally play background music. Unlicensed music use exposes salon owners to statutory damages that can reach significant amounts per infringement. This guide covers music licensing compliance for salon businesses.
One of the most common compliance errors in salon businesses is the assumption that a personal music streaming subscription allows the business to play music for customers. Personal subscriptions from services such as Spotify, Apple Music, and Pandora are licensed for personal, non-commercial use. Playing music from a personal subscription in a commercial salon setting violates the terms of service of the streaming platform and may constitute copyright infringement.
Federal copyright law grants copyright holders the exclusive right to perform their works publicly. A performance is considered public when it occurs in a place open to the public or at any place where a substantial number of persons outside the normal circle of a family and its social acquaintances is gathered. A salon is a place open to the public, so playing music in the salon constitutes a public performance regardless of the playback source.
Performing rights organizations, known as PROs, represent the interests of songwriters, composers, and music publishers. In the United States, the three major PROs are ASCAP, BMI, and SESAC. Each PRO represents a different catalog of musical works. Because a salon cannot know which PRO represents the copyright holder of every song that might play, most businesses need licenses from multiple PROs to ensure full coverage.
PRO licenses are typically annual blanket licenses that permit the business to play any music in the PRO's catalog for a fixed annual fee. The fee is based on factors such as the type of business, the seating capacity or square footage of the establishment, and whether music is a primary attraction. Salon music license fees are generally among the lower commercial rates because music is background rather than the primary draw.
The Fairness in Music Licensing Act provides a limited exemption for small businesses that use a single radio or television receiver to play broadcast music. The exemption applies if the establishment is smaller than a specified square footage, uses equipment of a type commonly used in a private home, and does not charge an admission fee. However, this exemption does not cover music played from streaming services, CDs, digital files, or internet radio. It applies only to over-the-air broadcast reception through a single home-type receiver.
Music licensing requirements come from federal copyright law, PRO licensing agreements, and streaming service terms of use.
Public performance licensing under the Copyright Act requires that any public performance of copyrighted music be authorized by the copyright holder or their representative. PROs serve as intermediaries that grant blanket licenses covering their respective catalogs.
ASCAP licensing covers works by ASCAP member songwriters and publishers. An annual blanket license permits the salon to publicly perform any work in the ASCAP catalog. Fees are set by rate schedules based on business type and size.
BMI licensing covers works by BMI affiliates. Similar to ASCAP, an annual blanket license permits public performance of any work in the BMI catalog.
SESAC licensing covers a smaller but significant catalog of musical works. SESAC licenses are negotiated directly with the organization.
Business music streaming services such as Rockbot, Soundtrack Your Brand, and Cloud Cover Music are specifically licensed for commercial use and include the necessary public performance licenses in their subscription fees. Using a business-licensed streaming service can simplify compliance by consolidating music licensing into a single subscription.
The Fairness in Music Licensing Act exemption is available to establishments that meet specific size and equipment requirements. The exemption applies only to broadcasts received through a single home-type receiver and does not cover other music sources.
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Identify how music is currently played in your salon. Determine whether you are using a personal streaming subscription, a business music service, radio broadcast, CDs, or digital files. Check whether you hold current PRO licenses from ASCAP, BMI, and SESAC. If you rely on the small business exemption, verify that your salon meets all the size and equipment requirements. Review your streaming service terms to confirm whether business use is permitted.
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Try it free →Step 1: Assess Your Current Music Sources
Document every source of music played in your salon. Include background music in the main salon area, waiting area, break room if accessible to clients, and any outdoor areas. Identify the playback method for each area, whether streaming service, radio, television, CD player, or digital media player.
Step 2: Evaluate the Small Business Exemption
Determine whether your salon qualifies for the Fairness in Music Licensing Act exemption. The exemption applies to food service and drinking establishments under 3,750 square feet and other establishments under 2,000 square feet that use no more than six loudspeakers with no more than four in any one room, or a single screen of 55 inches or less. If you qualify, the exemption covers only over-the-air broadcast music through a home-type receiver. You still need licenses for any other music source.
Step 3: Obtain Required PRO Licenses
If you do not qualify for the exemption or use music sources not covered by the exemption, obtain blanket licenses from ASCAP, BMI, and SESAC. Contact each PRO to apply for a commercial music license. Provide information about your salon size, type, and music use to determine the appropriate license fee. Keep license documents on file and maintain payment records.
Step 4: Consider Business Music Services
Evaluate business music streaming services as an alternative to individual PRO licenses. These services are specifically licensed for commercial use and typically include all necessary performance rights in their subscription fee. They may also offer features such as curated playlists, content filtering, and scheduling that are useful for salon environments.
Step 5: Remove Non-Compliant Music Sources
Stop using personal streaming subscriptions, personal music libraries, or other non-licensed sources for salon music. Remove any music playback equipment or devices that are connected to non-compliant sources. Replace them with licensed alternatives.
Step 6: Maintain Ongoing Compliance
Renew PRO licenses annually before expiration. Keep payment receipts and license documentation on file. Train staff not to connect personal devices to salon audio systems for music playback. Update your licenses if your salon expands or if you add music to new areas.
The cost of music licenses for a salon varies based on the PRO, the size of the establishment, and the type of music use. ASCAP and BMI each publish rate schedules for different business categories. For a typical small salon, annual fees for each PRO generally range from several hundred dollars per year. Obtaining licenses from all three major PROs may cost from several hundred to over one thousand dollars annually in total. Business music streaming services that include all necessary licenses typically charge monthly subscription fees. Some salon owners find that a single business music service subscription is more convenient and potentially more cost-effective than maintaining separate PRO licenses. The fees are a legitimate business expense and are generally tax deductible as an operating cost.
You may be able to play radio broadcasts without PRO licenses if your salon qualifies for the Fairness in Music Licensing Act exemption. To qualify, your salon must meet specific size and equipment requirements. The establishment must be below the applicable square footage threshold, and the equipment must be of a type commonly used in a private home. The exemption covers only over-the-air broadcast reception, not satellite radio, internet radio, or streaming services. If you exceed the size threshold, use multiple speakers beyond the permitted number, or use equipment more sophisticated than a home-type receiver, the exemption does not apply and you need PRO licenses even for radio playback. The exemption also does not apply if you charge an admission fee, which is unlikely for a salon but worth noting.
PROs actively monitor businesses for unlicensed music use. If a PRO representative contacts your salon, they are typically seeking to determine whether you play music publicly and whether you hold the appropriate license. PRO representatives may visit salons, identify music being played, and document unlicensed performances. If you are playing music without the required licenses, you may receive a letter demanding licensing and payment. If you continue to play music without obtaining a license, the PRO may file a copyright infringement lawsuit. Statutory damages for willful copyright infringement can be significant per work infringed. The most prudent response to a PRO contact is to promptly obtain the required licenses. Attempting to deny music use when it has been documented, or ignoring licensing demands, increases the risk of litigation and higher damages.
Music licensing compliance protects your salon from infringement claims. Evaluate your salon's compliance practices with the free hygiene assessment tool and review your music licensing using this guide. For comprehensive salon compliance management, visit MmowW Shampoo. 安全で、愛される。 Loved for Safety.
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