BMI, ASCAP, and SESAC — Performing Rights Organizations

You had live music at your bar. Now you have a demand letter from BMI.

Performing rights organizations — BMI, ASCAP, and SESAC — collect and distribute licensing fees on behalf of the songwriters and publishers whose music gets performed publicly. They are legitimate. Their licenses are required by law if you are playing copyrighted music in a commercial establishment, whether live or recorded. And when a bar, restaurant, or venue operates without the right licenses, these organizations will eventually find out. They have investigators. They monitor establishments. And their attorneys — typically working on a volume basis — send demand letters and file suit when they do not hear back.

The statutory damages available under the Copyright Act make these cases worth taking seriously. A willful infringement can expose a defendant to damages up to $150,000 per work. Even at the low end, $750 per song adds up fast when multiple performances are at issue.

How These Cases Actually Play Out

Most of these disputes can be resolved without litigation if they are addressed promptly and intelligently. The path forward depends on the facts: what was performed, whether licenses were in place for any of it, whether the establishment has a history of prior notices, and what the performing rights organizations are actually able to prove.

Licensing going forward is usually part of any resolution. BMI, ASCAP, and SESAC each administer different catalogs, and a license from one does not cover the others. Understanding what licenses you need — and getting them in place — is both a practical necessity and a factor in how aggressively these organizations pursue back damages.

Jonathan has handled signal piracy and performing rights cases for bars, restaurants, and venues across the country. If you received a demand from BMI, ASCAP, SESAC, or their attorneys, the right time to get counsel involved is before you respond, not after you have already said something that complicates your position.