Public Performance License: Definition, Purpose and Types
Definition & Purpose of the Public Performance License
A public performance license is a legal authorization that grants permission to publicly perform or display copyrighted works. It applies to music, film, theatrical productions, TV broadcasts, and digital media.
This license ensures that copyright holders are compensated when their work is used in a public setting. It is a core component of copyright law that protects creative content from unauthorized use.
The primary purpose of a public performance license is to uphold the rights of creators and copyright owners. It guarantees that artists and publishers receive fair compensation for the public use of their intellectual property.
This licensing framework also protects users from legal penalties by authorizing public usage through proper channels. It maintains balance between access and rights enforcement in public and commercial environments.
Types of Public Performance Licenses
Public performance licenses cover the legal use of music, film, and theatrical works in public or commercial settings. Each license type aligns with specific formats and use cases – from in-person venues to digital platforms.
Music Performance License
A music performance license grants legal permission to play music in public settings – live or recorded. Businesses like restaurants, gyms, retail shops, and radio stations must secure this license to avoid copyright infringement. In the United States, major PROs such as ASCAP, BMI, SESAC, and GMR issue these licenses. Most offer blanket licenses, allowing access to entire music catalogs for a flat annual fee. Outside the U.S., equivalents include PRS for Music (UK), SOCAN (Canada), and GEMA (Germany).
Film & TV Public Performance License
Public showings of films or television programs – such as screenings in schools, buses, bars, or hotels – require a separate license. These rights differ from those granted for private or home use. Companies like MPLC and Swank Motion Pictures provide umbrella licenses that cover thousands of titles. For high-profile events or commercial screenings, rights may be acquired directly from production companies or distributors.
Theater & Live Performances
Staging a play, musical, or dramatic performance involves licensing the script, score, and staging rights. Theatrical rights agencies such as Concord Theatricals (formerly Samuel French) and Dramatists Play Service manage these permissions. Licensing ensures that playwrights, lyricists, and composers receive proper credit and compensation.
Digital & Streaming Performance License
Streaming platforms must obtain performance licenses to broadcast music and video to audiences online. This includes on-demand content (e.g., Spotify) and user-generated platforms (e.g., Twitch or YouTube). Licenses often cover both public performance and sync rights, negotiated directly with PROs or publishers depending on content type.
Who Needs a Public Performance License?
Public performance licenses are required by a wide range of individuals and organizations. Businesses that play background music, such as bars, cafes, and gyms, are among the most frequent license holders.
Event organizers for concerts, festivals, or conferences must license music or visual content used during the event. Broadcasters (radio or TV stations) also need blanket licenses to air copyrighted material.
Educational institutions may require a license if the performance exceeds fair use boundaries. Digital platforms and podcasters must ensure their streamed content is fully licensed for public access.
How to Obtain a Public Performance License
Identify the Copyright Owner: To begin the process, determine who owns the rights to the work. This may involve contacting a PRO, music publisher, film distributor, or licensing agency.
Determine the Type of License Needed: The license must match the context – venue size, audience reach, and usage type (live, recorded, streaming). Different licenses may be required for different activities within the same space.
Apply & Pay Fees: Licensing can involve a one-time event fee or an annual blanket license. Blanket licenses are popular for businesses and broadcasters due to their broad coverage and convenience.
Compliance & Reporting: Some licenses require periodic reporting of works used. This helps PROs distribute royalties accurately based on actual performance data.
Consequences of Not Having a License
Using music, film, or theatrical works without a valid public performance license creates serious legal and financial consequences. Rights holders have the authority to issue takedown notices, demand statutory damages, or file lawsuits for copyright infringement.
In some jurisdictions, government agencies may impose fines, suspend operations, or revoke permits for non-compliance. These penalties apply even if the violation is unintentional, and enforcement has increased with digital tracking technologies.
Aside from legal issues, failure to secure proper licensing can damage a business’s credibility, strain relationships with artists or partners, and lead to public backlash. Ensuring proper licensing not only protects against penalties but also demonstrates respect for creative work and industry standards.
Exceptions & Fair Use
Public performance licenses are not required in every situation, but the exceptions are narrow and highly context-specific. Private use – like watching a movie at home with family or friends – does not qualify as a public performance and generally does not trigger licensing requirements.
In educational settings, teachers may use music or video clips for instruction under fair use or educational exemptions, especially when the activity takes place in a classroom and serves a non-commercial purpose.
Religious services often qualify for exemptions when music is used during worship, but not for other church-sponsored events like fundraisers or concerts. Government proceedings may also fall outside typical licensing frameworks, depending on the jurisdiction.
However, these exceptions come with specific legal boundaries, and their application can vary across countries or licensing bodies. Before relying on an exemption, it’s important to consult the relevant copyright laws or seek advice from a qualified licensing organization.
Global Variations in Public Performance Licensing
Public performance licensing systems vary significantly by region, with different countries employing distinct collective rights management models to administer music copyrights.
Recent Developments & Digital Challenges
Streaming platforms continue to reshape how public performance rights are applied and enforced. As on-demand access becomes the norm, platforms must secure proper licenses across multiple jurisdictions while managing complex rights databases. Legal disputes have exposed gaps in licensing structures, particularly around royalty calculations and metadata accuracy.
Artists and rights holders have raised concerns about how digital plays are tracked and compensated, arguing that existing frameworks do not reflect the value of music in today’s ecosystem. Efforts to modernize the system include blockchain-based solutions, which aim to improve transparency and automate royalty flows. Smart contracts and unified registries could streamline global licensing, but adoption remains limited due to legal, technical, and interoperability challenges.