Do Dental Offices Need a Music License? A US Guide

US copyright law gives the copyright owner of a song the exclusive right to perform it "publicly", and it defines that word to include performing it "at a place open to the public" (17 U.S.C. 106 and 101). ASCAP, BMI, SESAC and GMR each say on their own pages that a business that plays copyrighted music publicly needs permission, from a performing rights organization for the songs it represents or directly from the copyright owners. Whether your practice needs a license, and which one, depends on what you play and how you play it. That is a question for your attorney. (The statute and the four PRO pages as read on October 10 and 11, 2026.)

This guide is general information about US law and business music services. It is not legal advice, and reading it does not create an attorney-client relationship. For advice about your practice, talk to a lawyer.

This guide quotes the statute and each organization's own pages, read on October 10 and 11, 2026, and explains them in plain words. It does not tell you what your practice needs. eleMusic is a business music service for US dental practices, and we wrote this guide. If you are weighing eleMusic, skip to Where does eleMusic fit? The questions for your attorney follow it.

What does US copyright law say about playing music in public?

Two sections of the Copyright Act do most of the work. Section 106 lists the rights a copyright owner controls. For songs, one of them is the right to perform the work publicly:

"(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;"
17 U.S.C. 106(4), read October 10, 2026

Section 101 defines the words. To "perform" a work includes to "play" it, "either directly or by means of any device or process". Performing it "publicly" means:

"(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, ..."
17 U.S.C. 101, definition of "publicly", read October 10, 2026

In plain words: the definition reaches music performed at a place open to the public, or at any place where a substantial number of people outside a normal circle of a family and its social acquaintances is gathered. How it applies to each room of a dental office, including the waiting room, is a question for your attorney. ASCAP's licensing FAQ, writing about businesses in general, lists "playing recorded music in businesses over speakers or by DJs" among public performances.

The American Dental Association's news service, in a 2022 article about showing movies and TV in dental offices, wrote: "Dental and medical offices are considered public spaces when it comes to copyright law." Those are ADA News's words from February 16, 2022, written about video. They are not a ruling on your practice, and we do not apply them to it. Our guide to TV, video and hold music quotes more of the article.

Rooms the public does not walk into, such as a staff lounge, and the phone hold line raise their own questions. The statute does not name them, and this guide does not answer them for your practice.

One more distinction helps when you read the PROs' pages. A song (the composition) and a recording of it are separate works. The PROs license the songs: ASCAP's FAQ says it "only licenses the public performances of the underlying song or composition."

Who are ASCAP, BMI, SESAC and GMR?

They are performing rights organizations, often called PROs. Each one licenses the public performance of songs for the songwriters, composers and publishers it represents, and pays the fees out to them. BMI's FAQ puts it this way: "The fees that BMI collects are then distributed as royalties to the songwriters, composers, and music publishers we represent." The Copyright Act names three of them in its definition of a performing rights society:

"A “performing rights society” is an association, corporation, or other entity that licenses the public performance of nondramatic musical works on behalf of copyright owners of such works, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc."
17 U.S.C. 101, read October 10, 2026

The fourth, Global Music Rights (GMR), is not named in that definition. Its FAQ describes its work as representing music creators "in the public performance licensing of their catalogs." These four are not the only US PROs. A US Copyright Office notice of February 10, 2025 also lists two newer ones, PRO Music Rights (formed in 2018) and AllTrack (2019). This guide keeps to the four that BMI, in its April 2025 comments on that notice, calls the "Four established PROs". Here is how each one describes itself and what it says businesses need, in its own words.

The four established US performing rights organizations, quoted from each one's own website, read October 10, 2026. BMI's FAQ page records an update on August 19, 2026 in its page data, SESAC's two pages were posted May 5, 2022, and ASCAP's and GMR's FAQs carry no date. Sizes are as each organization states them.
Organization	Size, in its own words	What it says businesses need
ASCAP (American Society of Composers, Authors and Publishers)	"over 20 million works by the more than 1.1 million members we represent"	"Permission to perform music publicly must come from the copyright owner of the music directly or from its representative (such as ASCAP)."
BMI (Broadcast Music, Inc.)	"more than 1.5 million copyright owners and their over 25 million works"	"Under federal copyright law, when copyrighted music is performed in any establishment, regardless of whether it’s on TVs, radio, recorded, streamed, on a jukebox or performed by a live band, DJ or karaoke, the business owner must obtain permission from the copyright owner. In most cases, that permission comes in the form of a music license."
SESAC	works "written and owned by thousands of songwriters, composers, and music publishers"	"In short, the business owner is responsible for paying music licensing fees."
GMR (Global Music Rights)	"134,000+ Songs Licensed"	"In order for a business to perform music publicly, a performing rights license is required or permission granted via a direct license from each songwriter and publisher whose works are performed."

All four put the responsibility on the business. ASCAP: "it is the business owner who obtains the license." SESAC: "the business is typically responsible for obtaining public performance authorization." GMR: "you, as the owner or operator of an establishment or business where music is played, are responsible for the performances on your premises". Our guide to ASCAP, BMI, SESAC and GMR covers each organization in more detail.

Does a license from one PRO cover the others?

No, according to the PROs themselves. Each one licenses only the songs it represents, and a single song can have writers at different PROs. BMI explains why:

"A music license with another performing right organization allows you only to perform copyrighted music represented by that organization. ... This is because each songwriter or composer may belong to only one performing right organization at any given time, so each PRO licenses a unique repertoire of music."
BMI, Music Licensing FAQs, "If a business has a license with another performing right organization (PRO), do they still need to license with BMI?", read October 10, 2026

GMR says the same from its side:

"ASCAP, BMI and SESAC are separate and distinct from Global Music Rights. Therefore, licenses with these other PROs do not grant you authorization to publicly perform the copyrighted music of Global Music Rights’ songwriters, composers, and publishers and vice versa."
Global Music Rights, FAQ, read October 10, 2026

And ASCAP points to co-written songs:

"Your license with BMI or SESAC gives you permission to publicly perform music represented by that particular performing rights organization (PRO). But more often than not, your favorite songs were co-written by multiple people, some of whom may be ASCAP members."
ASCAP, Licensing FAQ, "Why do I need an ASCAP music license if I already have one from BMI and/or SESAC?", read October 10, 2026

So when you ask what music your practice plays, the useful follow-up is whose songs those are. A license from one organization speaks only for that organization's writers.

What about the radio or the TV in the waiting room?

Federal law has an exemption for some radio and TV broadcasts played in businesses, in 17 U.S.C. 110(5). The part written for businesses opens like this:

"(B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if"
17 U.S.C. 110(5)(B), opening words, read October 10, 2026

Conditions follow the "if": limits tied to the size of the premises and the number of loudspeakers and screens, no direct charge to see or hear it, no further transmission beyond the premises, and a broadcast that is itself licensed. ASCAP's FAQ calls it "a limited exemption for certain performances of music in food service, drinking and retail establishments by means of radio and television transmissions." Whether any of it applies to a dental office is a question for your attorney. Our guide Can you play the radio in a dental office? quotes the conditions for businesses other than restaurants and bars word for word, and TV, video and hold music covers the other audio a practice plays.

What about music we already pay for, like a streaming plan or a CD?

Paying for music and having permission to play it publicly are different things, and the PROs say so directly. On subscriptions, BMI's FAQ:

"Although your digital music subscription gives you access to an enormous catalog of music, it does not provide the necessary copyright clearance to play those songs in a public setting."
BMI, Music Licensing FAQs, "We pay for music from a playlist on Spotify, Pandora or Apple Music. Isn’t it ours to play anywhere?", read October 10, 2026

SESAC, answering a question about Spotify, Pandora and Apple Music:

"Personal streaming accounts with the above services, including paid accounts, do not grant public performance rights for use in a business."
SESAC, Top 6 music licensing questions, question 3, published May 5, 2022, read October 10, 2026

On bought copies, GMR says "When you buy an audio file or CD, the purchase price covers only your private listening use," and ASCAP says "the purchase of a record does not authorize its public performance."

Personal streaming accounts are licensed for personal, non-commercial use, which is why business music services exist. The streaming companies' own terms say this in their own words: see Can a dental office play Spotify? and Pandora, Apple Music, YouTube or SiriusXM at work.

What can happen if a business plays music without permission?

When a public performance infringes a copyright, the Copyright Act lets the copyright owner sue and makes the infringer liable for either actual damages and profits or statutory damages (17 U.S.C. 501 and 504). Those two sections carry most of the answer. Section 501(a) says that "Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122" is "an infringer of the copyright", and section 501(b) says the owner of an exclusive right "is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right". Section 504(a) then says "an infringer of copyright is liable for either":

"(1) the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection (c)."
17 U.S.C. 504(a), read October 11, 2026

In plain words: the copyright owner may choose statutory damages in place of actual damages and profits, and the amount of a statutory award is the court's to set within the range the subsection gives. Subsection (c)(1) says "the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work", in a sum between a stated minimum and maximum "as the court considers just". Subsection (c)(2) sets a higher maximum and a lower minimum for two cases: where the copyright owner proves and the court finds "that infringement was committed willfully, the court in its discretion may increase the award of statutory damages", and where the infringer proves and the court finds that it "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages".

The dollar amounts are in section 504(c) itself. We do not reprint them or estimate a total for any practice; the statute is listed under Sources at the end of this page. GMR's FAQ and SESAC's "Top 6 music licensing questions" page also describe the damages they say the Act allows. What any of this could mean for your practice is a question for your attorney. If a PRO contacts your practice, do not ignore it: read our guide to PRO letters and talk to your attorney.

How do business music services handle licensing?

Each service describes its own licensing, and the descriptions differ, so read each one's terms rather than assuming. One limit comes up on GMR's own page: a background music service's GMR license reaches only the music that service supplies. GMR's FAQ, answering a business that asks why it needs a GMR license if its background music service pays for licenses:

"Most Background Music Service providers will have their own license with Global Music Rights; however, their Global Music Rights license extends only to the music they supply to establishments with no admission, membership or similar charge."
Global Music Rights, FAQ, read October 10, 2026

The same answer goes on to say that music played by any other means, including radio, CDs, MP3s, television and the internet, needs its own license from GMR. Before you sign with any provider, get written answers to three questions:

Who licenses the public performance of this music?
The provider under PRO licenses it holds, the provider directly as the rights holder or through direct licenses with the rights holders, or the practice itself. Ask which, for every track the provider supplies.
Is it in the price?
Ask whether any performance licensing is included, billed separately, or left for the practice to arrange, and what unit the price counts: a location, a zone or a device.
What documentation do we get?
Ask what the provider sends, in whose name, whether a third party can check it, what it says it does not cover, and what happens to it when the plan ends.

Our guide to reading a business music license has a longer checklist, and Background music services for dental offices, compared quotes each vendor's own licensing wording.

Where does eleMusic fit?

Original instrumental music, generated and mastered by eleMusic. No vocals, no ads, no commercial recordings. Here are our answers to those three questions.

Who licenses the public performance? eleMusic does not register its generated catalog with ASCAP, BMI, SESAC or GMR. Our Terms add that eleMusic "does not license the Content through any PRO" (Section 11.1). What your plan grants is a limited right "to play the Content through the Player, as ambient background audio, within the physical premises of that Location" (Section 9.1). Whether your practice needs any other permission to play it is a question for your attorney.
Is it in the price? eleMusic does not sell or include a license from any PRO. Our Terms say: "Nothing in the Agreement, the Service or your Certificate is a license from any PRO, a guarantee of any outcome, insurance, or legal advice." Plans are priced per location and sized by how many devices play at once, from $15 a month for 1 device. A device is one stream: a tablet feeding the ceiling speakers in several rooms counts once. Every plan includes the certificate. See pricing.
What documentation do we get? Every location with an active plan or trial gets an Original Catalog Certificate in its name: a public web page that shows its status on the day anyone checks. What the certificate covers, and what it does not.

A note on one word. BMI's FAQ uses "original music" to mean something specific: "The term “original music” generally means musical works written by the performing musicians." That is not how eleMusic uses it. In our Terms, "original" means only that the music was generated for eleMusic's catalog and was not copied by eleMusic from existing commercial recordings. It does not mean the music is protected by copyright, is unique, or does not resemble or infringe any other work, and it is not a warranty (Section 6.1). How the music is made explains the process.

What eleMusic does not do matters as much. It does not decide whether your practice needs a PRO license, and it does not answer for any other audio you play. If you are an eleMusic customer and a PRO writes to your practice, do not ignore it: forward the letter to us at hello@elemusic.fm. eleMusic is not your lawyer, and the reply, including an accurate description of all the audio you play, is yours (Section 11.4). Our guide Got a letter from ASCAP, BMI, SESAC or GMR? explains what to gather.

eleMusic is PRO-free: it never registers its tracks with ASCAP, BMI, SESAC or GMR, so there is no performing rights fee for the music you play through eleMusic. Radio, TV, music on hold and any other music you play still need their own licenses. We cannot control or verify what others register, and we do not promise that no PRO or other person will contact you or make a claim. The certificate describes our catalog and your subscription; it does not determine your practice's legal obligations. The certificate is not a license from any performing rights organization and is not legal advice.

ASCAP, BMI, SESAC and GMR are trademarks of their respective owners. eleMusic is not affiliated with or endorsed by any performing rights organization.

What should you ask your attorney?

You are responsible for licensing any other music or audio you play. Ask your own lawyer if you are unsure. Our Terms also make the practice responsible "for deciding what licenses your business needs" (Section 11.2). These questions cover the ground this guide raises:

Which parts of our office are "a place open to the public" under 17 U.S.C. 101: the waiting room, the front desk, the treatment rooms, the hallways, a staff room?
List every source of audio we play: each room's device, TVs, radios, the phone hold line, staff phones on speaker. What permission does each one need, and from whom?
For the music we play, which PRO licenses, if any, does our practice need, and does our music provider change that?
Does the radio and TV exemption in 17 U.S.C. 110(5) reach any broadcast we play, given our square footage, speakers and screens?
What do our music provider's terms and documents actually grant, and what do they leave for us to license?
If we have more than one location, does each need its own arrangements?
If a PRO writes or calls, how should we answer, and what should we send?
If a copyright owner claimed infringement at our practice, what would 17 U.S.C. 501 and 504 mean for us?

Common questions about music licenses for dental offices

Does it matter if only staff can hear the music?

Clause (1) of the Copyright Act's definition of performing a work "publicly" (17 U.S.C. 101) turns on two things: whether the place is open to the public, and whether a substantial number of people outside a family and its social acquaintances is gathered there. How that applies to a staff-only room in your office is a question for your attorney; this guide does not answer it.

How much does a PRO license cost?

Each organization sets its own rates by type of business. BMI says "The annual rate depends on the type of business and how music is used," and GMR says the factors behind its rate "depend upon your type of business and how the music is presented to the public." We do not quote PRO fees on this site. Ask each organization directly, through the pages listed under Sources.

Is eleMusic's certificate a PRO license?

No. The certificate is not a license from any performing rights organization and is not legal advice. The certificate describes our catalog and your subscription; it does not determine your practice's legal obligations.

Sources

17 U.S. Code 101: Definitions, including "perform", "publicly" and "performing rights society" (Legal Information Institute, Cornell Law School), accessed October 10, 2026
17 U.S. Code 106: Exclusive rights in copyrighted works (Legal Information Institute, Cornell Law School), accessed October 10, 2026
17 U.S. Code 110: Limitations on exclusive rights, paragraph (5) (Legal Information Institute, Cornell Law School), accessed October 10, 2026
17 U.S. Code 501: Infringement of copyright (Legal Information Institute, Cornell Law School), accessed October 11, 2026
17 U.S. Code 504: Remedies for infringement: Damages and profits, including the statutory damages amounts in subsection (c) (Legal Information Institute, Cornell Law School), accessed October 11, 2026
US Copyright Office: Notice of Inquiry, Issues Related to Performing Rights Organizations, 90 Fed. Reg. 9253 (February 10, 2025), accessed October 10, 2026
BMI: Comments to the US Copyright Office, Docket No. 2025-1 (April 2025), accessed October 10, 2026
ASCAP: Licensing FAQ (undated), accessed October 10, 2026
BMI: Music Licensing FAQs (updated August 19, 2026), accessed October 10, 2026
SESAC: Who is responsible for paying music licensing fees? (published May 5, 2022), accessed October 10, 2026
SESAC: Top 6 music licensing questions (published May 5, 2022), accessed October 10, 2026
Global Music Rights: FAQ (undated), accessed October 10, 2026
ADA News: Secure licensing to show movies TV in dental office (February 16, 2022), accessed October 11, 2026
eleMusic Terms of Service, Sections 6.1, 9 and 11 (version 2026-10-11), accessed October 11, 2026

Do dental offices need a music license?