Music Licensing Guidelines

WineAmerica is pleased to provide the following guidelines on music licensing for wineries. We are a member of the MIC Coalition, a group of associations whose members provide music over the nation’s airwaves, through the Internet and in stores, hotels, restaurants, bars, wineries, breweries and taverns throughout the country. Their top priority is maintaining a functional music marketplace for the benefit of consumers.

While WineAmerica does not negotiate music license for our members, we do provide education on music licenses to help our members remain compliant with copyright laws.

Performing rights organizations (PROs) offer music licensing solutions in the form of a “blanket license.” A blanket license give you access to their entire repertory of songwriters. It may be necessary to obtain licenses from all 5 PROs, given that each represents a unique set of songwriters, composers and publishers. For example, if a song has five different songwriters, they maybe represented by five different licensing organizations. By obtaining a license from each PRO, you essentially obtain full protection for the use of all music, without needing to worry about which specific songs are played.

Here are our Music Licensing Guidelines for presenting music legally:

Live Music

These types require a Music License

  • Cover Bands: Any cover music performed that is written by a member of a Performing Rights Organization (PRO) requires a license to be legally played in a public venue.
  • Karaoke: If the event is open to the public, it requires a license.

These may not require a Music License

  • Original Music: If you hire a musician that performs their own original music. If the musician is not affiliated with any PRO, ensure they only play their own music and don’t take requests. If the musician is playing their own music but they are affiliated with a PRO, you may have them sign a licensing waiver. However, you MUST ensure they don’t play covers and don’t take requests. Keep in mind if the musician plays a single song outside of these exceptions and you have not obtained PRO licenses, your winery will have violated copyright rules the moment the song has been played. 
  • Public Domain: If you play music written by a songwriter who has died more than 70 years ago and whose music is no longer covered by copyright.
  • Traditional Music: Traditional or folk music that has no songwriter.
  • Private Events: Weddings, birthday parties, anniversary parties, or other events among a normal circle of family and its social acquaintances that are invitation only and not open to the public.

Recorded Music

These forms require a Music License

  • Non-Business Account Streaming Services: Spotify, Apple Music, Pandora, SiriusXM, YouTube, etc. (When purchasing a business account, ensure that product covers all PRO licensing.)
  • Streaming TV: Music and jingles played during sports, news, TV episodes, commercials, movies, and other programming on TVs.
  • Personal Music: CDs, Tapes, Vinyl Records, DJ’s, Free-Play Jukebox, iPod’s, MP3’s, or other digital music.
  • Enhanced Recorded Music: Karaoke, DVDs, VJs, Video Tapes
  • Exceeding the Homestyle Exception: Radio and Television
    • Broadcast TV: 3750 square feet or larger, and 1) more than four TVs; or 2) more than one TV in any one room; or 3) if any TV has a diagonal screen size greater than 55 inches; or 4) if any audio portion of the audiovisual performance is communicated by more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or if there is any cover charge.
    • Terrestrial Radio: 1) more than six loudspeakers; or 2) more than four loudspeakers in any one room or adjoining outdoor space; or 3) if there is any cover charge; or 4) music on hold.

These may not require a Music License

  • Streaming Services for Business: Use pay-in-advance services, such as XM4biz or Pandora Business
  • Royalty-Free Music: Only plays royalty-free music.
  • Within the Homestyle Exemption: Radio and Television
    • Broadcast TV: 3750 square feet or less, and 1) no more than four TVs; or 2) no more than one TV in any one room; or 3) no TV with a diagonal screen size greater than 55 inches; or 4) any audio portion of the audiovisual performance communicated by six loudspeakers or less, or, four or less loudspeakers in any one room or adjoining outdoor space. Cover charges void the exemption.
    • Terrestrial Radio: 1) no more than six loudspeakers; or 2)  no more than four loudspeakers in any one room or adjoining outdoor space. Cover charges void the exemption. No music on hold.

What to Do When Contacted by a Performing Rights Organization (PRO)

  • Contact: Instruct your employees to direct communication to you via email.
  • Determine if you are compliant with copyright law:  Take the time to sit down and speak with the PRO representative about your music use so you can ensure 1) that you need a license and 2) that the license accurately reflects the music that is being played. If are looking for guidance before responding directly to the PRO, reach out to Tara Good at WineAmerica at tgood@nullwineamerica.org.
  • If you are playing copyrighted music: Review their terms of use, or ask for a fee schedule or calculation sheet. If you are only playing music occasionally (4 or less times a year) then you may qualify for an occasional license. If your winery is seasonal, meaning you are closed for a certain amount of time each year then you may qualify for a seasonal license.
  • If problems persist: If you are experiencing continued difficulties with a PRO agent contact Tara Good at WineAmerica: tgood@nullwineamerica.org and 202-223-5175.

Other Suggestions

  • Play music by songwriters from one PRO only: If the PRO has a repertory search function on their website, search and see if the music you are performing is affiliated with that PRO, and only that PRO, meaning there must not be any co-writers or co-publishers affiliated with any other PROs on any of the songs played at your business. Practically speaking, this approach is almost impossible if you have TVs on at your business or play music from streaming/music services without curating the playlists. However, if you only host live music and think you can restrict every song played to just one PRO, ensure that your musicians are provided with your play list, or understand why they must limit their play list to one PRO. 
  • Talk with your lawyer: If you are being pursued by a PRO for reasons that you consider unnecessary, discuss with your lawyer.
  • Make the business decision that is right for you: Consider all options available to you.

Questions & Answers

What is a Performance Rights Organization (PRO)?

A music Performing Rights Organization (PRO) represents songwriters, composers and music publishers, collects royalties from licenses, and pays the royalties back to those parties. There are five PROs in the US: ALLTRACK, ASCAP, BMI, GMR and SESAC.

What is music licensing?

Music is created, copyrighted, and licensed. When it’s performed, the songwriter and music publisher are owed a royalty. Although most people stream music, often thinking their personal music subscription permits them to play music at their business, there is a distinction in the law between a personal music subscription used for individual consumption and playing music at a business (also known under copyright law as a “public performance”). The personal subscription fee covers only your private listening use. Once you decide to play any copyrighted music publicly that is beyond “a normal circle of friends and family,” you need permission from the copyright owners or their PROs.

Why do I need music licensing?

Music licenses provide you with the legal authorization you need to play music. Licensing agreements protect your business from the significant penalties resulting from copyright infringement, including a statutory rate of up to $150,000 in fines and penalties per song played.

Do I need to pay all five PROs?

In almost all cases, yes.  Each PRO represents their own unique set of songwriters and publishers whose music is used throughout the music industry. PROs offer “blanket licenses” that allow you to perform all the copyrighted music of each in unlimited frequency. 

How do I know what music is owned by which PRO?

Each of the PROs maintain their repertories on their web sites. Keep in mind that the repertories of each PRO changes daily as new songwriters join, new songs are released, and songwriters switch between PROs.

If you obtain licenses from all five PROs, you won’t need to search these repertoires to or worry about which music is represented by which PRO.

What happens if a PRO finds out I am playing copyrighted music? 

They will make repeated attempts to collect fees and may consider legal action based on copyright infringement. The penalties range in price, but can reach $150,000 per song and grow over time with each unlicensed song played.

I am playing non-copyrighted music, but the PROs continue to contact me.

WineAmerica can help resolve disputes between wineries and a PRO. Contact Tara Good at tgood@nullwineamerica.org and 202-223-5175.

How can I save when purchasing licenses?

WineAmerica has arranged for the following music licensing discounts for its members:

ALLTRACK – 15% discount with code WINEAMERICA15. ALLTRACK offers a self-serve online licensing portal and the ability to pro-rate license fees based on the number of months open. They also typically offer the lowest priced licenses among all PROs. Obtain license here. 

ASCAP – offers a 10% discount to its members. Visit the ASCAP website to register. Be sure to ask for the winery license and the WineAmerica discount.

This document does not constitute legal advice, is not to be acted on as such, may not be current and is subject to change without notice.  All materials have been prepared for general information purposes only.