Clients often ask us, “Can I broadcast music from my iPod, CDs, or Internet radio in my business?” Typically, these clients operate bars, restaurants, or other service-based establishments. Often to a client’s surprise, we must inform them that the Copyright Act of 1976’s § 110 does not allow an establishment to “publicly display” non-broadcast music. The Copyright Act considers the public display of non-broadcast music to be copyright infringement, and business that want to fully mitigate their risks in this area must get a license to play music in their establishment.
The Copyright Act defines the public broadcast of a work as,
“to perform or display it at a place open to the public or
at any place where a substantial number of persons outside of a normal circle
of a family and its social acquaintances is gathered.” Certain public broadcasts are not
copyright infringement. For
example, an establishment that is a food service or drinking establishment that
is less than 3,750 square feet (excluding the parking lot) can publicly
broadcast any non-dramatic musical work that is intended
to be received by the general public and that originates from a FCC-licensed
broadcaster, whether radio, television, or satellite. Additionally, a food service or drinking establishment that
is more than 3,750 square feet can broadcast any non-dramatic musical work from
a FCC-licensed broadcaster if it uses less than 4 speakers in a single room and
less than 6 speakers total or, in the case of television, it uses no more than
1 television per room and no more than 4 televisions in the entire
establishment. Further
complicating the issue, the televisions cannot have a screen size that is
larger than 55 inches. Other
regulations apply to establishments that do not serve food or drinks.
Despite these complex exceptions, there
are no exceptions for the display of public works that do not originate from
FCC-licensed broadcast stations.
Simply put, the Copyright Act requires an establishment owner to license
any non-broadcast work, including MP3s, CDs, and Internet radio, if he or she
wishes to display that work in their establishment. Clients often believe that it is an unwritten rule that they
will not be pursued for copyright infringement if they choose to publicly
display non-licensed works in their businesses, but that is not the case. ASCAP, the American Society of Composers,
Authors, and Publishers, has a reputation for hiring local residents that check
restaurants and other businesses to ensure that they are licensing the music
that they publicly display.
If you need help navigating through the myriad of public display rules under the Copyright Act, or if you would like to mitigate the risk that you will be subjected to a copyright infringement lawsuit for the public display of works in your establishment, please contact one of our expert copyright attorneys today.
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