Guide
K-12 school music licenses: what the NFHS program covers
For administrators and business offices weighing music in the front office, hallways or staff rooms: the NFHS license pages and the federal exemptions in their own words, and the questions to take to counsel and the business office.
Last reviewed October 12, 2026.
The National Federation of State High School Associations (NFHS) says it works with BMI "to offer its association members a new K-12 School music license" and with GMR "to offer its K-12 schools a custom music license"; its licenses page also points to AllTrack, ASCAP and SESAC. BMI's list, as the NFHS page gives it, puts "classrooms/hallways/common areas" under "Administration Use" and "graduation, school dances" under "Special Events". Federal law exempts some performances, including face-to-face teaching at nonprofit educational institutions (17 U.S.C. 110(1)) and certain nonprofit performances (110(4)). Whether any of it reaches music in your front office or staff room is a question for your school's or district's counsel. (All read October 12, 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.
eleMusic wrote this guide and sells background music for US businesses and school shared spaces (who it's for), so we are not neutral; we draw no conclusion for your school. The general rules are in our business music license guide.
What is the NFHS school music license program?
The NFHS licenses page, "Public Performance Licensing for Schools", says "There are currently five (5) US-based Performing Rights Organizations (PROs)" and states the NFHS's view: "When music is played outside of certain educational exemptions (17 U.S.C. ยง110(1)) a public performance license is needed." The site's home page says its resources "are not to be used as legal advice."
| Organization | What the NFHS page says |
|---|---|
| BMI | "offers K-12 schools across the country copyright clearance to play any of the more than 17 million songs that BMI licenses", plus a "locations rider" for districts with several schools |
| GMR (Global Music Rights) | "offers K-12 schools across the country copyright clearance to publicly perform musical compositions" |
| AllTrack | "a custom K-12 Music License that covers the performance licensing requirements of your school for its use of AllTrack music" |
| ASCAP and SESAC | The licenses page links out to ascap.com and sesac.com |
The agreement linked from the NFHS BMI page, BMI's "Music License for Primary and Secondary Schools" (2023 to 2024 contract year), says "This license is available to Schools with Enrollments of fewer than 6,000 students." and bases its student fee on enrollment. We do not print fees; ask BMI for its current agreement.
What do the NFHS license pages say they cover?
The BMI and GMR pages each list coverage under four headings, BMI's introduced with "covers, but is not limited to". Two of the headings, word for word (the other two cover sporting events, performing groups and "Musical Attractions"):
| Headings (BMI; GMR) | BMI page | GMR page |
|---|---|---|
| "Administration Use"; "In-School Use" | "classrooms/hallways/common areas, music-on-hold, website and intranet transmissions, school radio broadcasting stations and closed-circuit TV, gyms, fitness centers, athletic facilities, club or student union meetings" | "common areas, school radio broadcasting stations, gyms/athletic facilities, intranet transmissions, student/faculty meetings" |
| "Special Events"; "School Events" | "orientation, graduation, school dances, fundraisers, fairs/festivals" | "school dances, graduation, festivals/fairs, orientation, fundraisers" |
AllTrack's page describes coverage by catalog instead: "all of your school's AllTrack performance licensing needs with the exception of music used at cheerleading competitions/shows/exhibitions".
What do 17 U.S.C. 110(1) and 110(4) say?
Section 110 lists performances and displays that "are not infringements of copyright". Paragraph (1), up to its clause on audiovisual works:
(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, ...
17 U.S.C. 110(1), read October 12, 2026; its clause on audiovisual works is left out
Paragraph (4), without the notice conditions under (B):
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if
(A) there is no direct or indirect admission charge; or
(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
17 U.S.C. 110(4), read October 12, 2026; conditions (i) to (iii) are left out
In plain words: paragraph (1) concerns teaching in a place "devoted to instruction"; paragraph (4), performances that involve no transmission to the public, no commercial purpose and no pay, under conditions on admission charges and proceeds. This guide does not say how either applies to your school.
Where do the front office and staff room fit in these sources?
Not by name. None of the three NFHS license pages uses the words reception, office, staff room or background, and neither statute paragraph uses office, staff or background. BMI's page lists "classrooms/hallways/common areas" and GMR's "common areas", each under a heading apart from events, and BMI's agreement licenses performance of its music "by live or recorded means" at premises that "shall include" the licensee's "school buildings and fields". Whether a front office or staff room falls under any of these is for counsel, and the organization whose license you hold, to answer.
What can your counsel and business office answer?
For counsel
- Does 17 U.S.C. 110(1) or 110(4) reach anything we play, from a lesson or a free assembly to a hallway or the front office?
- Which spaces and uses does each license we hold name, and does it say how it treats music from a background music service?
- If a PRO writes to us, who replies, and with what? (Our PRO letter guide lists what to gather.)
For the business office
- Does the district or our state association already hold a school license, and which schools does it list? The NFHS licenses page says: "State association licenses can be found on NFHS MyGroups."
- When does each license renew, and what must we report?
- Who may accept online terms or sign a vendor agreement for a school, and do we need a purchase order, invoice terms or board approval?
Where does eleMusic fit?
Original instrumental music, generated and mastered by eleMusic. No vocals, no ads, no commercial recordings. 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); a plan includes none of the school licenses above. A plan permits playing the music through the eleMusic player "as ambient background audio, within the physical premises of that Location" (Section 9.1). Section 9.2 leaves out "DJ sets, live performances or events, or anywhere it is a featured attraction rather than background ambience", "livestreams or any broadcast" and music on hold, so dances, graduations, games and the phone line are outside a plan. The Terms leave "deciding what licenses your business needs" with the customer (Section 11.2).
Whoever accepts our Terms for a customer represents that they are "authorized to bind it" (Section 4.3). If you are buying for a public school or district, or need a purchase order, invoice terms or a vendor agreement, email hello@elemusic.fm before starting a subscription, as our schools page explains; reviewing a request does not mean those arrangements are available today. Every location with an active plan or trial gets an Original Catalog Certificate in its name (what it covers, and what it does not).
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.
Sources
- NFHS Copyright: home page, accessed October 12, 2026
- NFHS Copyright: Public Performance Licensing for Schools (the licenses page), accessed October 12, 2026
- NFHS Copyright: BMI License, accessed October 12, 2026
- BMI: Music License for Primary and Secondary Schools, 2023 to 2024 contract year (the agreement the NFHS BMI page links for download), accessed October 12, 2026
- NFHS Copyright: GMR License, accessed October 12, 2026
- NFHS Copyright: AllTrack License, accessed October 12, 2026
- 17 U.S. Code 110: Limitations on exclusive rights, paragraphs (1) and (4) (Legal Information Institute, Cornell Law School), accessed October 12, 2026
- eleMusic Terms of Service, Sections 4.3, 9.1, 9.2, 11.1 and 11.2 (version 2026-10-11), accessed October 12, 2026
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