You run a cafe, coffee shop, or small restaurant, and you are wondering whether you need to pay ASCAP for a music license. The answer depends on three things: what music source you are playing, how large your space is, and how many speakers you have.
For most cafes, the answer is straightforward — and often good news.
Last updated April 2026
The short answer
If your cafe is under 3,750 square feet and you play broadcast radio or TV (over-the-air FM/AM, basic cable, broadcast TV), you are exempt. The federal "homestyle exemption" in 17 USC 110(5)(B) specifically covers food-and-beverage establishments under this size threshold. You do not need an ASCAP, BMI, or SESAC license. If your cafe is larger, you may still qualify if your speaker and screen counts are within the statutory limits. If you play Spotify, Apple Music, or any consumer streaming service, the exemption does not apply regardless of size — consumer streaming is never covered.
Why — the actual statute
17 USC 110(5)(B) — the "Fairness in Music Licensing Act" — exempts food service and drinking establishments from public performance licensing requirements when all of the following are true:
- The music comes from an FCC-licensed broadcast source (radio, TV, cable, satellite)
- The establishment is under 3,750 gross square feet (excluding customer parking), or the establishment is larger but uses 6 or fewer loudspeakers total with no more than 4 in any one room
- There is no direct charge (cover, admission, ticket) to hear the music
- The broadcast is not retransmitted beyond the establishment
A typical cafe — under 3,750 square feet, playing FM radio through a few ceiling speakers, no cover charge — meets every condition. The exemption was written for exactly this scenario.
The math
If you are exempt: $0. No license fees to any PRO.
If you need licenses (e.g., playing Spotify): ASCAP + BMI + SESAC together cost approximately $1,100–$2,200/year for a small cafe.
Commercial background music service: $25–$50/month ($300–$600/year). Bundles all PRO licensing. A simpler alternative if you want curated playlists instead of broadcast radio.
Risk of playing unlicensed music: $750–$150,000 per song in statutory damages (17 USC 504(c)).
What to do next
- Run the free self-check to confirm your specific situation. It takes about 3 minutes and covers all the edge cases.
- Fill out a speaker inventory worksheet documenting your square footage, speaker count, and music source. Keep it on file. If a PRO contacts you later, this is your evidence.
- If you have a demand letter from ASCAP, respond with your exemption documentation. The Music Licensing Audit Kit includes a pre-written response template for exempt businesses.
- If you want curated music instead of broadcast radio, subscribe to a commercial background music service. It costs less than direct PRO licensing and gives you control over what plays.
Run the full self-check
Source text
17 USC 110(5)(B)(ii) — food-and-beverage establishment exemption:
"...if the establishment in which the communication occurs is a food service or drinking establishment...the gross square footage of space of the establishment in which the communication occurs is less than 3,750 square feet..."
Full statute: 17 USC 110 at Cornell LII