Music Licensing for Fitness & Health Clubs

Although some companies claim to provide copyright clearance, this does not apply in the U.S. You must have a BMI license to publicly perform BMI music from tapes, CDs, etc. that you purchase, even those specifically designed for fitness club use.

In addition, any music that may be included on equipment such as treadmills, stationary bikes, etc. must be licensed by you through a BMI agreement as those companies have not secured licensing for the music they provide.

Check your music service’s agreement. Commercial music services, which are licensed with BMI, provide BMI music for background use only - in your locker rooms, open gym, lounge or lobby area. Once you use music to accompany aerobics, or other group fitness classes, your performance of music falls outside the scope of coverage afforded by your commercial music service agreement and you must obtain a BMI agreement to cover your performances.

Since it’s your business or organization that’s benefiting by the performance of music, you are responsible for ensuring that your fitness club is properly licensed. This responsibility cannot be passed on to anyone else even if the instructors hired are independent contractors.

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 clubs 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 club is using:
1. more than four TVs;
2. more than one TV in any one room; or
3. if any of the TVs used have a diagonal screen size greater than 55 inches.

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

Football/Baseball/Soccer or Other Sporting Events
Desperate Housewives
E.R.
Extreme Makeover: Home Edition
Grey’s Anatomy
House
Las Vegas
Law & Order
Lost
Medium
NCIS
Two And A Half Men
The Apprentice
The Amazing Race
Without A Trace

Once you secure a BMI Music Performance Agreement, all of this music is available for use in your club. For a list of the more than 375,000 songwriters, composers, and music publishers who are affiliated with BMI, as well as their more than 6.5 million musical works, please visit our website at http://www.bmi.com. You can also call the BMI repertoire information line at 1-800-800-9313 for information on specific titles.

Simplicity - The license fees are based on the number of members you have and the type of physical activity your music use accompanies.

Convenience – BMI accepts payment via check, VISA, MasterCard, and American Express.

Flexibility - Access to more than 6.5 million musical works with one license.

Value – 5% Discount available for accounts in good standing that pay their annual fee in full within 10 days of the start of their contract year.