The Realities of Music Streaming and Compliance This Year

Music makes every space better, from retail floors and restaurants to salons, gyms, and offices. But behind the playlists and good vibes lies a legal reality that many business owners overlook: you can’t just press play.

In 2025, copyright enforcement for business music use has reached new levels of attention. Major licensing organizations like BMI, ASCAP, and SESAC have stepped up audits, increased outreach, and are actively pursuing fines for unlicensed public music use.

If your business streams music through consumer platforms like Spotify, Apple Music, or YouTube, you’re likely not compliant, and this is the year to fix it.

What’s Changing in 2025

For years, some businesses quietly relied on personal streaming accounts for background music. That gray area is quickly disappearing.

BMI (Broadcast Music, Inc.) in particular has made headlines this year for continuing to enforce public performance rights among businesses that play unlicensed music. While BMI does not have “field representatives” who issue warnings, its outreach efforts are typically handled through calls, letters, or emails. If those efforts go unanswered, BMI may send someone to log unlicensed music being performed in an establishment.

The message is clear:
If your business plays music publicly, even from a phone or laptop, you need the proper license.

The Big Four: Who Handles What

Together, these four organizations represent virtually every song you’ve ever heard. If you play that music publicly, in a store, restaurant, or business setting, you need performance rights from these groups or a licensed music provider that covers them for you.

Why Compliance Matters Now

Fines are getting real. Violations for unlicensed music can result in penalties ranging from $750 to $30,000 per song, with willful infringement potentially reaching $150,000 per instance. Even a small café or salon can unintentionally rack up thousands in fines simply by using a consumer streaming service.

Enforcement is expanding.
In 2024, BMI and ASCAP together handled around 100 infringement cases, sending warning letters and pursuing settlements across multiple industries, especially restaurants, bars, and fitness studios. That trend is continuing in 2025.

Compliance builds trust.
When you’re fully licensed, you’re supporting the artists who make the music that powers your brand, and you’re protecting your business reputation from embarrassing (and costly) legal disputes.

Live Music Requires a Separate License

Live Music Is a Different Beast One of the most common misconceptions is that if you’re covered for background or recorded music, you’re also covered for live performances. That’s not true. Live music (bands, DJs, acoustic sets) typically requires separate licensing or permissions beyond what’s included in standard performance licenses.

According to the NFIB legal guide, whether you host live music or play recorded tracks, you’re still on the hook for public performance licensing. Live music doesn’t get a free pass.

PROs like BMI explicitly cover live performances in their license offerings. Their licensing pages state that their commercial license options often include “live music, karaoke, DJ or background use.”

In bar and restaurant licensing guides, you’ll see that licensing fees depend heavily on whether live music or DJs are part of the schedule.

So if you host band nights, open mic, DJ sets, or acoustic performances, you need to make sure your licensing covers that, or secure an additional license for those events.

Why Live Licensing Is Treated Differently

• More exposure, more rights: Live performance is seen as a stronger “public performance.” The music is being performed in real time, often amplified, with more listener engagement.
• Different rate structures: PROs often charge extra for businesses that host live acts, depending on how many nights, capacity, or whether cover charges are involved.
• Event licensing rules: If you’re throwing concerts, festivals, or large events, you may need a special events license (sometimes called a “meetings, conventions & exhibits” license) from ASCAP, BMI, or other PROs.

The Quick Checklist: Is Your Business Compliant?

• ☐ Are you using a licensed commercial music service (not a consumer app)?
• ☐ Do you understand which PROs cover the music you play?
• ☐ Is your team aware of what counts as “public performance”?
• ☐ Do you have a process for music played during events, classes, or social media videos?

If you’re not certain, you’re not alone, and you’re not stuck.