How to get a public performance license for your DJ business

Being a DJ can be a dream job for music lovers; some people even do it for fun before going pro. But when you make the switch from hobbyist to professional, there are some new things you’ll have to consider, such as a public performance license.

This license permits you to play copyrighted music in a public place. Without it, you can face heavy fines or even lawsuits. We’ll walk you through why getting this license is essential, how to get the license and how business insurance can help protect you from common DJ liabilities.

Jump ahead to learn about:

• What is a public performance license?
• Do I really need to get a performance license?
• How to get a public performance license
• How much will a public performance license cost?
• Licensing and DJ insurance
• NEXT helps keep your DJing business spinning

What is a public performance license?

As a music lover, you already know that music is copyrighted material. Just like a book or a movie, songs are protected by law. So, when you play music in a public setting as part of your business, whether at a party, a bar or a festival, music licensing becomes more complicated, and you need permission from the copyright owners.

So even if you’ve paid for all your music (as opposed to downloading it illegally), you’ll need to license it to use it for an event or in a public venue. That’s where public performance licenses come in. These licenses allow you to perform copyrighted music publicly.

Licenses are typically obtained through Performing Rights Organizations (PROs) like ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music Incorporated), and SESAC (Society of European Stage Authors and Composers).

Why do you need a license?

By obtaining a public performance license, you ensure legal compliance and contribute to the music industry.

• Legal compliance: It’s the law. Performing music without a license can lead to legal trouble and hefty fines.
• Supporting musicians: Licensing fees help support the creators of the music you love.

It boils down to copyright law, which protects original works of authorship, including musical works, sound recordings and lyrics. Performing copyrighted music without a license can lead to legal action and potential fines — and it’s not just for big-name artists and producers.

Additionally, using portions of copyrighted songs (aka sampling) in your mixes without proper authorization can be considered copyright infringement. Furthermore, bootlegging (recording and distributing live performances or remixes without permission) is illegal.

Do I really need to get a performance license?

You might wonder, “Do I really need a public performance license?” The short answer is: Yes, better safe than sorry.

In most cases, taking care of this public music license is not the DJ’s responsibility. The venue where you’re performing should take care of getting a license, and they should not shift this responsibility to you. However, you may want to be informed and proactive, particularly in venues that don’t usually host musical events.

Why should you care?

Even if getting a public performance license is not your direct responsibility, it’s worth paying attention to and ensuring they have a proper license since it affects your livelihood and reputation.

• Legal liability: Performing without a license can lead to legal trouble and hefty fines.
• Professionalism: Demonstrating licensing knowledge shows you’re a serious and responsible business owner.
• Relationships with venues: By understanding the licensing process, you can build stronger relationships with venues and promoters.

Remember, while the specific licensing requirements can vary depending on your location and the type of performance, it’s always best to err on the side of caution and obtain the necessary licenses.

How to get a public performance license

Getting a music license for a small business is more complicated than it appears at first. Performing rights licenses are issued by several companies, the largest of which are ASCAP, BMI and SESAC. Each company manages music performance rights for millions of songs and represents millions of copyright holders, such as original artists, songwriters, composers and music publishers.

If you wanted to include a song in a video you were making, it might make sense to license just one song at a time, but as a DJ, you need a broader license that allows you to play around with your set. Licenses depend on the kind of venues and music you’re playing.

General steps for obtaining public performance licenses:

1. Identify your needs. Determine the types of venues where you’ll be performing and the specific music you’ll be playing. Do you mainly work at wedding receptions and banquet halls? Or are you more of a club or bar DJ?
2. Contact PROs. Contact ASCAP, BMI, and SESAC to inquire about the appropriate license for your needs. Most PROs have an online process where you can submit your request.
3. Provide information. You’ll need to provide information about your business, the venues where you perform and the types of music you play.
4. Pay licensing fees. The cost of a public performance license varies based on factors such as venue size, type and location.
5. Maintain compliance. Keep track of your licensing agreements and ensure you comply with all regulations and conditions.

How much will a public performance license cost?

The cost of a public performance license can vary widely, and there is no blanket. Many factors come into play, primarily dependent on the venue. These include:

• Venue type. Different types of venues (e.g., bars, clubs, restaurants, churches, skating rinks and festivals) may have different fee structures.
• Venue size. Larger venues typically require higher licensing fees.
• Geographical location. Fees will vary by region. More populated areas will have higher fees.
• Music usage. Different fee structures depend on how the music is used. A live set for a club may differ from a community event.
• Music type. Certain types of music may incur different fees.

So, a public performance license for a birthday party in a restaurant with 50 people will have a different cost than a license for a nightclub with 300 people, which will have a different fee than a license for a city event in a big park or amphitheater that holds a few thousand people.

Some PROs have blanket licenses that grant license holders access to entire catalogs of songs. However, these are usually granted to venues that use many songs and pay an annual license fee, such as radio stations, nightclubs and TV stations.

Licensing and DJ insurance

Unlike other kinds of licensing, you don’t need DJ insurance to get your public performance license. While public performance licenses ensure you have the legal right to play music, business insurance provides financial protection in unforeseen circumstances. Both can help ensure your DJing business thrives.

Typically, DJs get the following types of business insurance coverage:

• General liability. If someone trips over your cords and is injured at an event you’re DJing, or your equipment damages a venue, general liability can help cover legal costs and damages.
• Commercial auto. Most states require commercial auto insurance for business-owned vehicles to help pay for medical expenses and property damage. Personal auto insurance usually won’t provide coverage if you drive regularly for business reasons, such as transporting gear or traveling to different gigs.

NEXT helps keep your DJing business spinning

We know your DJ business is unique and has specific needs. That’s why we offer affordable, custom business insurance.

To get your tailored instant quote, simply answer a few questions online. Once you’ve purchased your insurance, you can immediately access your certificate of insurance and share it with clients and venues 24/7 via the NEXT app.

Start a free instant quote with NEXT.