Do Small Bands Playing in Public Bars and Places Pay Royalties for Singing Copyrighted Songs?

Do you play in small bars or public places with your band and wonder if you need to pay royalties for singing copyrighted songs? The short answer is generally not, but the venue does. Let's break it down.

Royalties and Public Performance Licenses

In most cases, the responsibility for paying royalties lies with the venue, not the individual performers. Many commercial premises, such as clubs and bars, hold a public performance license from organizations like ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music, Inc.), or SESAC (Society of European Stage Authors and Composers). These licenses are covered under a blanket license, which broadly ensures the legal rights of music performances within the venue.

Is It the Band's Responsibility?

No, it is the venue's responsibility. Band members do not need to personally seek permission to perform cover songs or other copyrighted material at live shows. The venue must obtain a blanket license from their local Performing Rights Organizations (PROs) to ensure legal permission to play music within the premises. This is an essential aspect of running a musical venue legally.

What Does the Venue Pay?

The venue pays an annual fee to these PROs, which covers the entire facility for all live music activities, including:

This fee ensures that the venue is covered and does not have to worry about individual song permissions. Collection agencies will distribute royalties based on usage, ensuring all relevant rights holders are compensated.

Are There Any Downsides?

One downside is that if you are the original artist playing your own music, you may miss out on royalty payments. This is due to the fact that the venue does not send in detailed lists of songs performed daily. As a result, the proportion of royalties is distributed based on the chart performances of other artists at the time. Unfortunately, there is no specific fix for this issue at the moment, as the system is designed to track a broader picture of music usage.

Conclusion

The quick answer is no, small bands generally do not personally pay royalties for singing copyrighted songs when playing in public bars or venues. These payments are handled by the venue through a blanket license from PROs. While this system ensures that musicians and songwriters are compensated for their work, it means that original artists may not receive the full royalties they are due for their music in these settings.