Music Users

BMI is what is known as a music performing right organization. A performing right organization represents songwriters, composers and music publishers. Often called PROs, these companies collect license fees from businesses that use music, including television and radio stations; broadcast and cable networks; new media, including the Internet and mobile technologies; satellite audio services like XM and Sirius; nightclubs, hotels, bars, restaurants and other venues; digital jukeboxes; and live concerts. These license fees are then distributed as royalties to the songwriters, composers & music publishers the PROs represent. BMI has been in operation for more than 75 years, is recognized in U.S. copyright law as a licensor of music, and currently represents more than 900,000 copyright owners and their 14 million musical works.

BMI offers the ability to license most businesses and organizations online. Simply choose your business type and click “Apply for a License”, then enter your Username & Password, which are provided for you on your correspondence from BMI or by calling a BMI representative. Once licensed, you can also pay your fee and manage your account online. If your business type does not yet have BMI online licensing capability, you can download a license from the site and return it to BMI at 10 Music Square East, Nashville, TN 37203 or call a BMI representative at (888) 689-5264 to license.

A BMI License provides you with the legal authorization you need to use a very powerful product – music. This product is the music creator’s property, so a licensing agreement protects your business or organization from the penalties involved in copyright infringement. Your payment of music licensing fees ensures the continued creation of music – for you and your organization.

BMI operates on a non-profit-making basis and does not make any profit on licensing fees. All fees, less BMI’s operating expenses, are paid to our affiliated songwriters, composers, and music publishers in the form of royalties. Currently, nearly 90 cents of every dollar of your licensing fee goes to our affiliated copyright owners.

Approximately one out of every two songs played on radio is BMI-licensed music. In addition to the music of our U.S. copyright owners, the BMI repertoire also includes the music of songwriters and composers in more than 90 other countries. BMI writers have won numerous GRAMMYs, Country Music Association, and American Music Awards. They also represent the largest percentage of inductees into the Rock & Roll Hall of Fame, account for roughly one-half of all of the winners of the coveted Pulitzer Prize in the field of classical music, and have received the most Rhythm & Blues Foundation Pioneer Awards and Downbeat Jazz Poll Awards.

For a list of BMI’s award-winning song titles and songwriters please visit our online repertoire search or call the BMI repertoire information line at 1-800-800-9313 where you can request information on specific titles.

They are, however, those agreements do not authorize the performance of such TV, cable, and radio to the public by businesses and other organizations.

Public performances of radio and TV are specifically addressed in Title 17, Section 110(5)(B) of the U.S. copyright law which states that any food service or drinking establishment that is 3750 square feet or larger, or any other 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 any of the following conditions apply:

• For TV, if the business is using:

1. more than four TVs; or
2. more than one TV in any one room; or
3. if any of the TVs used has a diagonal screen size greater than 55 inches; or
4. if any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or
5. if there is any cover charge.

• For radio, if the business is using:

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.

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