Music Licensing in United States: Complete Guide
Businesses in the USA playing recorded music publicly typically need licences from ASCAP, BMI, SESAC, and GMR — four separate performing rights organisations covering different repertoires. SoundExchange handles digital performance separately. Track Studios' catalog is not registered with any US PRO, so venues using Track Studios are not invoiced by these organisations.
Collecting Societies
Businesses in United States require separate licences from ASCAP and BMI and SESAC and GMR and SoundExchange. Both licences are required for full compliance.
- ASCAP — ASCAPcomposition
- BMI — BMIcomposition
- SESAC — SESACcomposition
- GMR — GMRcomposition
- SoundExchange — SoundExchangeneighbouring
Streaming Service Legality in United States
| Service | Legal for business use? | Notes |
|---|---|---|
| Spotify | No | Spotify Terms of Service restrict use to personal, non-commercial purposes. |
| Apple Music | No | Apple Music Terms of Service restrict use to personal, non-commercial purposes. |
| YouTube Music | No | YouTube Music Terms of Service restrict use to personal, non-commercial purposes. |
| Amazon Music | No | Amazon Music Terms of Service restrict use to personal, non-commercial purposes. |
| Tidal | No | Tidal Terms of Service restrict use to personal, non-commercial purposes. |
| Deezer | No | Deezer Terms of Service restrict use to personal, non-commercial purposes. |
| SoundCloud | No | SoundCloud Terms of Service restrict use to personal, non-commercial purposes. |
Royalty-Free Alternatives
Track Studios' AI-generated catalog is not registered with ASCAP and BMI and SESAC and GMR and SoundExchange. Venues in United States using Track Studios' included catalog are not invoiced by either organisation. The Track Studios subscription (€25/month per location) replaces all ASCAP and BMI and SESAC and GMR and SoundExchange fees for the included music.
Start free trial — no ASCAP or BMI or SESAC or GMR or SoundExchange invoicesNon-Compliance Penalties
Maximum penalty: $750–$150,000 per infringed work in statutory damages
This is general information only — not legal advice. Penalty figures reflect published statutory maximums and may not represent typical outcomes. Verify current requirements with a qualified legal professional or the relevant collecting society.
Frequently Asked Questions
- What collecting societies operate in United States?
- Businesses in the USA playing recorded music publicly typically need licences from ASCAP, BMI, SESAC, and GMR — four separate performing rights organisations covering different repertoires. SoundExchange handles digital performance separately. Track Studios' catalog is not registered with any US PRO, so venues using Track Studios are not invoiced by these organisations.
- Do businesses in United States need a music licence?
- Yes. Any business in United States playing recorded music in a public-facing space must hold a licence from ASCAP and BMI and SESAC and GMR and SoundExchange. This applies regardless of what service you use to play the music — including Spotify, Apple Music, YouTube, or internet radio. The only exception is using music that is not registered with these societies, such as Track Studios' AI-generated catalog.
- Can businesses in United States use Spotify legally?
- No. Spotify's Terms of Service (§1.2) restrict use to "personal, non-commercial purposes." Playing Spotify in a United States business violates these terms and may also trigger claims from ASCAP and BMI and SESAC and GMR and SoundExchange. Spotify for Business was discontinued in 2019.
- How can a business in United States avoid ASCAP and BMI and SESAC and GMR and SoundExchange fees?
- Use music that is not registered with ASCAP and BMI and SESAC and GMR and SoundExchange. Track Studios uses an AI-generated catalog that is not registered with ASCAP and BMI and SESAC and GMR and SoundExchange — venues in United States using the included catalog are not invoiced by these organisations.
- What is the penalty for playing music without a licence in United States?
- The maximum penalty in United States is: $750–$150,000 per infringed work in statutory damages. In practice, most cases result in civil claims for back-fees plus damages rather than criminal prosecution, but the legal risk is significant.