A music license for business is something most shop owners only think about in November, when the tree goes up, the Christmas playlist goes on and somebody asks whether you are actually allowed to do that. Usually: not without permission. Here is who needs what in the UK and the US, how radio, streaming, on hold and social video differ, and where royalty-free music fits and where it does not.
This is not legal advice. It is a plain-English map with links to official sources. If your situation is unusual, call the licensing body.
Why Christmas Music for Business Catches People Out
Plenty of small businesses play nothing for eleven months, or just a radio in the back room. Then December arrives and the cafe, the salon, the office party and the phone system all go festive at once. Christmas music for business is treated exactly like any other music: the same public performance, just more of it.
The core idea is the same on both sides of the Atlantic. Buying a song or paying for a streaming account lets you listen at home. Playing it to customers or staff is a separate right. If what you actually need is festive music for your own ads, reels and phone line, that is a different, simpler problem, and our royalty free Christmas music package is built for it.
Music License for Business in the UK: TheMusicLicence
In the UK the music licence for business is TheMusicLicence from PPL PRS. PPL and PRS for Music used to license businesses separately. They now do it together through PPL PRS Ltd: one license, one invoice. PPL PRS says the Copyright, Designs and Patents Act 1988 requires permission to play or perform music in public, and that TheMusicLicence covers the vast majority of commercially available music.
The FAQ points that surprise people most:
- Staff-only music still counts. Music played outside a domestic setting is a public performance, even if only employees hear it.
- The station's license does not cover you. Radio stations pay to broadcast, but that does not cover playing the radio on business premises.
- Owning the CD or download does not help. A purchase covers personal listening at home.
- Working alone can be an exception. There is a discretionary policy of not charging homeworkers working alone in a private home, or single-worker workplaces, as long as no visitors or customers hear the music.
- Cost varies. It depends on venue type, size and how you use music, so get a quote.
Music License for Business in the US: PROs and the Exemption
US copyright law gives songwriters the exclusive right to perform their work publicly, under 17 U.S.C. 106(4). Businesses usually get that permission from performing rights organizations: ASCAP, BMI, SESAC and GMR. ASCAP's licensing FAQ explains that a BMI or SESAC license only covers that organization's music, and popular songs often have co-writers at more than one, which is why many businesses hold several licenses.
The small-business exemption in 17 U.S.C. 110(5)(B) is narrower than most people assume. It only applies when all of these are true:
- The music comes from a radio or TV broadcast by an FCC-licensed station (or, for TV, a cable system or satellite carrier). Not a CD, playlist or streaming app.
- The space is under 2,000 gross square feet for a store or similar business, or under 3,750 for a restaurant or bar, not counting customer parking. Larger premises can still qualify with no more than 6 speakers in total and no more than 4 in any one room or adjoining outdoor space. TV adds limits: no more than 4 screens, 1 per room, none over 55 inches.
- There is no direct charge to see or hear it.
- The broadcast is not sent on beyond the premises.
- The original broadcast is itself licensed by the copyright owners.
ASCAP's FAQ states plainly that the exemption does not cover live music, CDs, MP3 and digital files, or background music services.
In-Store Music: Radio, Spotify and Background Services
- Radio. UK: you usually need TheMusicLicence. US: possibly exempt, if you meet every condition above.
- Your personal Spotify account. Spotify's Terms of Use grant permission for "personal, non-commercial use". A consumer account is not a business music service.
- A background music service. PPL PRS says streaming music in your business may still need TheMusicLicence, and in the US the exemption does not cover these services.
Music on Hold Is a Public Performance Too
ASCAP's FAQ says playing music to a caller on hold is a public performance. PPL PRS says you usually need TheMusicLicence for commercially released music on your phone system, and that some on-hold suppliers include it in their service. Ask yours.
The cleaner route is a produced message with music you are licensed to use. Our On Hold Messages For Business is one custom-voiced message of up to 40 words, with optional music and sound design and a 6-month usage license, extendable to 12 or 24 months. Our on hold messages guide covers scripting.
Your Own Ads and Social Videos Need a Different Right
Putting music into a video, a reel or a radio ad is synchronization, not public performance. ASCAP's FAQ sends anyone who needs a synchronization license to the music publishers, because it is a separate permission from the performance licenses ASCAP sells. So your shop's license does not let you put a chart song under your Christmas promo.
Where Royalty-Free Music Fits
Royalty-free does not mean free or copyright-free. It means you pay the rights holder once for the uses their license lists, with no ongoing royalties to them. Our producer blog explains what royalty free music is.
Our royalty free music license is non-exclusive, worldwide and lasts forever as long as you follow its terms. It covers your own website, on hold messages, ads and videos you sync the track into, online channels such as YouTube and podcasts, corporate videos, and community, local or regional radio. It excludes national radio and TV, and public announcements in places like airports and stations. Business buyers get use for up to three people. Background music on your premises is not specifically listed, so if that is your plan, email help@musicradiocreative.com first.
Does royalty-free music remove the need for TheMusicLicence? PPL PRS says there are circumstances where you may not need it if you choose not to use commercially released music, and advises asking your supplier for confirmation and forwarding it to them. In the US, check with the PROs.
For festive ads, reels and on hold audio, the Christmas Music and Sound Effects package has 248 elements: 113 royalty free music beds, 100 long sound effects, 21 short sound effects and 14 vocal cuts, downloadable straight after purchase. Need one track? Jingle Bells is a cheerful orchestral take with sleigh bells, in MP3 and WAV, and its page links the same license.
Quick Checklist by Business Type
- Shop or boutique: UK, TheMusicLicence for radio, streaming or CDs. US, radio only can be exempt within the size and speaker limits; anything else needs PRO licenses.
- Cafe, bar or restaurant: as above, with the 3,750 square foot threshold in the US. Tell the licensing body about live music or events, which are licensed differently.
- Hair or beauty salon: waiting area music counts. UK, TheMusicLicence. US, PRO licenses unless it is broadcast radio within the exemption.
- Office: UK, staff-only music usually still needs a license. US, ASCAP rates corporate use under "Music In Business", based on employee numbers.
- Phone system: commercial music on hold usually needs a license in both countries. A produced message with licensed music is simpler.
- Ads and social video: you need sync rights. Use royalty-free music whose license names your use.
- Solo homeworker: UK, you may fall under the discretionary policy if no customers hear the music.
Who should not buy from us here? If you want chart hits in the background of a shop, a royalty-free pack is the wrong tool. Get licensed through PPL PRS or the PROs and enjoy the playlist. Where we help is music for anything you make yourself, and branded audio for your phone line and ads, which you can see on our audio branding for business page.
Get Licensed Christmas Music for Your Business Content
Pick up the Christmas Music and Sound Effects package for your festive ads, reels and on hold audio.
