Guide
TV, videos and hold music in a dental office: whose terms apply
A waiting room TV, a show above the chair and the music callers hear on hold each come from someone else, under someone else's terms. Here is what those terms and the law say, quoted and dated, and what an eleMusic plan includes.
Last reviewed October 13, 2026.
The only use an eleMusic plan includes is playing eleMusic through the eleMusic player, as background audio, inside your location. A waiting room TV, a show or movie in a treatment room and the music callers hear on hold are separate, and each comes with its own owners and terms. As read on October 10, 2026, the consumer terms of Netflix, YouTube, YouTube TV, Disney+ and Hulu each say the service is for personal, non-commercial use, and our own Terms exclude music on hold. Whether your practice needs a license for any of these is a question for your attorney.
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. We sell background music to dental practices; we do not sell TV, video or on-hold services, and no company or association named here sponsored or endorsed this guide. Every quote below was read on October 10, 2026, and where a document shows a version or date, the citation gives it. Terms change, so read the current version before you rely on one.
Can a dental office show TV in the waiting room?
The question is less the TV than what feeds it: a broadcast, cable or satellite signal, a streaming app, or a disc or download. Each source has its own owner and its own terms, and federal copyright law, in 17 U.S.C. 110(5), addresses some received broadcasts. This section quotes those terms and that law. It does not tell you whether your waiting room needs a license.
Broadcast, cable and satellite TV
Section 110 of the Copyright Act opens with "the following are not infringements of copyright", and paragraph (5) of its list has two parts. Subsection (A) covers a transmission received:
"on a single receiving apparatus of a kind commonly used in private homes"
17 U.S.C. 110(5)(A), read October 10, 2026
It does not apply if "a direct charge is made to see or hear the transmission" or if "the transmission thus received is further transmitted to the public".
Subsection (B) speaks only of the performance or display of "a nondramatic musical work" carried by a licensed radio or TV station or, for TV, by "a cable system or satellite carrier". It has a size test and, above it, equipment limits. For an establishment other than a food service or drinking establishment, the size line is 2,000 gross square feet, and at or above that line, when the music is communicated by audiovisual means, the limit reads:
"if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space"
17 U.S.C. 110(5)(B)(i)(II), read October 10, 2026
Subsection (B) also requires that no one is charged to see or hear the broadcast, that it is not sent on beyond the establishment, and that the transmission is "licensed by the copyright owner of the work so publicly performed or displayed". Whether a dental office is an "establishment" as section 101 of the Act defines it, and whether either subsection fits a TV in your waiting room, are questions this page does not answer. Our guide Can you play the radio in a dental office? covers the rest of section 110(5).
ASCAP, a performing rights organization, licenses TV stations to perform the music in their broadcasts. Its FAQ describes what that station license does not do:
"The ASCAP television license does not provide the right to authorize retransmissions of broadcasts of ASCAP music over televisions and loudspeakers in stores, restaurants or other locations open to the public or by means of music-on-hold systems."
ASCAP, Music Licensing FAQs, "What doesn't an ASCAP television license do?", read October 10, 2026
The subscription that brings the signal has terms of its own. Comcast's agreement for home Xfinity service, for example, says:
"The Services are for personal, residential, non-commercial use only, unless otherwise specifically authorized by us in writing."
Xfinity Residential Services Agreement, Use of the Services, read October 10, 2026
If your waiting room TV runs on a cable, satellite or live TV streaming account, ask the provider in writing whether it offers an account for a waiting room, and what that account allows.
Streaming apps on a smart TV
Streaming video apps carry their own terms, and the consumer versions we read each limit use to personal, non-commercial viewing. In their own words:
| Service and terms | Their words |
|---|---|
| Netflix Terms of Use, last updated April 10, 2026 | Section 1.4: "The Netflix service and any content accessed through it are for your personal, non-commercial use only and may not be shared with anyone outside of your household unless you purchased an Extra Member account." Section 1.8 says "Unless otherwise explicitly authorized, you agree not to:" and the first item on that list is "use the service for commercial purposes or public performances". |
| YouTube Terms of Service, effective December 15, 2023 | Among the restrictions: "use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service)". |
| YouTube TV, in YouTube's Paid Service Terms, effective February 11, 2026 | "YouTube TV accounts are for personal, non-commercial, residential use only - use of a YouTube TV account is not permitted in any group viewing spaces." The Paid Service Terms also say: "You agree not to use any Paid Service, in whole or in part, in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement)." |
| Disney+, ESPN, and Hulu Subscriber Agreement, updated February 5, 2026 | "The Services are provided to individuals for their personal, noncommercial use only. Companies, commercial establishments, associations and other groups may not purchase or use the Services." Its restrictions include use "in any commercial establishment or area open to the public (e.g., lobby, bar, restaurant, diner, stadium, casino, club, cafe, theater, etc.)". |
We quote these services because they are common on smart TVs, not because they are the only ones, and we have not asked any of them how their terms apply to a dental office. If you want a video service for a waiting room, ask the company in writing whether it offers one for businesses and what it allows. For Spotify, read Can a dental office play Spotify? For Pandora, SiriusXM and other music apps, read our guide to streaming and satellite services at work.
Can we show movies or TV shows in treatment rooms?
A show on a monitor above the chair raises the same question as the waiting room TV: who gave permission for that showing. The Copyright Act gives the owner of "motion pictures and other audiovisual works" the exclusive right "to perform the copyrighted work publicly" (17 U.S.C. 106(4)), and it defines performing such a work this way:
"in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible."
17 U.S.C. 101, definition of "perform", read October 10, 2026
The same section defines when a performance is public; our guide Do dental offices need a music license? quotes that definition. The American Dental Association's news service wrote about showings in dental offices in 2022:
"Dental and medical offices are considered public spaces when it comes to copyright law. This legal requirement applies whether or not an admission fee is charged, and even if the content can only be viewed by a single patient."
ADA News, "Secure licensing to show movies TV in dental office", February 16, 2022
"Like music licensing, this requirement for a public performance license applies to public showings of movies, TV programs, and other audiovisual content enjoyed from sources like broadcast, cable, or satellite television; DVDs; downloads; or streaming services."
The ADA's general counsel, quoted in ADA News, "Secure licensing to show movies TV in dental office", February 16, 2022
Those are the ADA's words from 2022. They are not a ruling on your practice, and we do not apply them to it.
Who licenses movies and shows for a dental practice?
The licensor the dental associations name is the Motion Picture Licensing Corporation (MPLC), which sells an annual Umbrella License. The ADA News article describes it this way:
"MPLC is exclusively authorized by motion picture studios and other copyright owners to grant the Umbrella License for the public performance of copyrighted television, movies and other audiovisual content."
ADA News, "Secure licensing to show movies TV in dental office", February 16, 2022
The same article says the license "provides coverage for old and new titles from more than 1,000 motion picture and television rights holders". Three dental associations have published member arrangements with MPLC:
| Association | What it published | Date |
|---|---|---|
| American Dental Association (ADA) | A member discount on the Umbrella License. ADA News wrote in 2022 that the ADA had worked with MPLC on the discount for several years. On October 10, 2026, the ADA's own page for the program redirected to its general risk management page, so ask the ADA whether the discount still runs. | February 16, 2022 |
| American Academy of Pediatric Dentistry (AAPD) | "In 2011, AAPD negotiated an agreement with MPLC for the convenience of our members." | Member benefits page, read October 10, 2026 |
| American Association of Orthodontists (AAO) | "The AAO has entered into an exclusive endorsement agreement with the Motion Picture Licensing Corporation (MPLC)." | July 20, 2022 |
The ADA and AAO announcements each give a member price and a higher price for others, and their figures differ. We do not repeat them here, because both announcements are dated 2022 and their prices may no longer apply. We could not read MPLC's own website on October 10, 2026, so the descriptions above are the associations' words, not MPLC's. If you talk to any licensor, ask in writing for its current price and which titles, rooms and locations its license includes.
Movies and shows also contain music. ASCAP's FAQ lists, among the "nondramatic" performances it licenses, "songs or background music performed as part of a movie or other television program". Whether a license for a film reaches the music in it is a fair question for the licensor and for your attorney.
Can we use eleMusic as our hold music?
No. Music on hold is not part of an eleMusic plan. Section 9.2 of our Terms of Service lists what the license does not allow, and its first item reads:
"play the Content on any telephone or messaging system, including music on hold, voicemail and interactive voice response (IVR);"
eleMusic Terms of Service, Section 9.2(a), version 2026-10-11, read October 11, 2026
The Key points summary at the top of the Terms puts it in one line: "Music on hold, phone systems, video, social media, broadcast, recording, redistribution and use at any other place are not licensed." In practice, that means no eleMusic device should be connected to your phone system's music input, and eleMusic should not be the audio on your voicemail greeting or phone menu.
Does hold music need its own license?
That depends on the music and the license it came with, and it is a question for your hold music provider and your attorney. ASCAP's FAQ answers it for the songs ASCAP represents:
"When you place a caller on hold and transmit music via your telephone lines, that is a public performance of the music. It is your responsibility to obtain permission to perform ASCAP songs from ASCAP or directly from the copyright owner."
ASCAP, Music Licensing FAQs, "I want to use music-on-hold in my business. Do I need permission?", read October 10, 2026
Sending the radio to the hold line raises its own question. Describing the license it gives radio stations, ASCAP's FAQ says:
"The ASCAP radio license does not provide the right to authorize retransmissions of broadcasts of ASCAP music over loudspeakers in stores, restaurants or other locations open to the public or by means of music-on-hold systems."
ASCAP, Music Licensing FAQs, "What doesn't an ASCAP radio license do?", read October 10, 2026
ASCAP is one of several performing rights organizations; our guide to ASCAP, BMI, SESAC and GMR explains what each one does. If you buy hold music or recorded messages from a provider, these are fair questions to ask it in writing:
- Who owns the music, and does our license include performing it to callers on a phone line?
- How are the performing rights in the music handled, and by whom?
- Does the license cover every location and phone line we have?
- What happens to the license, and to the music on our system, if we stop paying?
What does an eleMusic plan include, and what does it leave out?
Original instrumental music, generated and mastered by eleMusic. Your eleMusic plan is for playback inside your practice through the eleMusic player only. Here is how that sorts the sound and pictures in a typical office:
| Use | Part of an eleMusic plan? | Terms |
|---|---|---|
| eleMusic played through the player, as background audio, inside your location | Included, on as many devices at once as your plan allows | Section 9.1 |
| eleMusic cast from the player to a waiting room TV | Included: the tablet or laptop that casts is one device playing eleMusic. Casting depends on a third-party technology, Google Cast or AirPlay. | Sections 7.4 and 9.1 |
| TV channels, shows and streaming apps on any screen | Not included | Section 11.2 |
| Movies or shows in treatment rooms | Not included | Section 11.2 |
| Music on hold, voicemail and phone menus (IVR) | Not included; the license excludes them | Section 9.2(a) |
| eleMusic in a video, presentation, social media post, website or broadcast | Not included; the license excludes them | Section 9.2(b) |
| The radio, or another music service | Not included | Section 11.2 |
| eleMusic at another location, or streamed outside your premises | Not included; each location has its own plan | Sections 8.5, 9.2(c) and 9.2(g) |
Section 11.2 of the Terms sets out who handles everything else:
"You alone are responsible for licensing any other music or audio you play or transmit, including radio, television, other streaming services, music on hold and any audio played outside the Player, and for deciding what licenses your business needs. Ask your own lawyer if you are unsure."
eleMusic Terms of Service, Section 11.2, version 2026-10-11, read October 11, 2026
Your location's Original Catalog Certificate draws the same line. Its Scope line reads, in part: "Does not cover any other music, radio, television, streaming service or on-hold audio." Read what the certificate 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.
Questions to take to your attorney
You are responsible for licensing any other music or audio you play. Ask your own lawyer if you are unsure. If you talk to one about screens and phones, these questions are a reasonable place to start:
- What is on each screen in our office, and where does each picture come from: an antenna, a cable or satellite account, a streaming app, or a disc or download?
- Is our TV service on a residential or a business account, and what do its terms allow in a waiting room?
- Does either part of 17 U.S.C. 110(5) apply to a TV in our office at all, and if so, does it reach the program itself or only the music in it?
- Do the screens in our treatment rooms need a separate license for movies and shows, and does a film license include the music in the films?
- What do callers hear on hold, who supplied it, and what does its license say about phone lines?
- If we ever send the radio or another service to the hold line, what changes?
- Which audio and video in our practice does each license and subscription we hold include, and where are the gaps?
Common questions about screens, phones and eleMusic
Can we play eleMusic on the waiting room TV?
Yes, as background audio, by casting to it. Open elemusic.fm/play on a tablet or laptop, enter your access code and start a station, then choose Cast (in Chrome or Edge on a computer, or Chrome on an Android tablet) or AirPlay (in Safari on a Mac, and in every browser on an iPad) and pick the TV. The tablet or laptop counts as one device on your plan. We have not tested the web browsers built into smart TVs, so cast to the TV rather than opening the player in its browser. Casting depends on a third-party technology, Google Cast or AirPlay (Terms, Section 7.4). Our sound setup guide has the steps, and how eleMusic works covers the rest.
Can we use eleMusic in our practice videos or on social media?
No. Section 9.2(b) of the Terms excludes using eleMusic "in or with video, film, television, radio, advertising, podcasts, social media, websites, apps, games, presentations, livestreams or any broadcast".
Does our eleMusic certificate cover TV programs or the hold line?
No. It covers only audio played through the eleMusic player at the location named on it, during its active periods. Other music, radio, TV and on-hold audio are outside its scope.
Can eleMusic recommend a hold music or TV service?
No. We do not sell or recommend TV, video or on-hold services. Ask any provider, in writing, what its license includes, and ask your attorney what your practice needs.
Sources
- eleMusic Terms of Service, Key points and Sections 7.4, 8.5, 9.1, 9.2 and 11.2 (version 2026-10-11), accessed October 11, 2026
- 17 U.S.C. 110, Limitations on exclusive rights: exemption of certain performances and displays (Legal Information Institute), accessed October 10, 2026
- 17 U.S.C. 106, Exclusive rights in copyrighted works (Legal Information Institute), accessed October 10, 2026
- 17 U.S.C. 101, Definitions (Legal Information Institute), accessed October 10, 2026
- Xfinity Residential Services Agreement, Use of the Services, accessed October 10, 2026
- Netflix Terms of Use, Sections 1.4 and 1.8 (last updated April 10, 2026), accessed October 10, 2026
- YouTube Terms of Service, Permissions and Restrictions (effective December 15, 2023), accessed October 10, 2026
- YouTube Paid Service Terms of Service, including YouTube TV (effective February 11, 2026), accessed October 10, 2026
- Disney+, ESPN, and Hulu Subscriber Agreement (updated February 5, 2026), accessed October 10, 2026
- ADA News: Secure licensing to show movies TV in dental office (February 16, 2022), accessed October 10, 2026
- ADA: MPLC Umbrella License for ADA Dentists (redirected to the ADA risk management page on October 10, 2026), accessed October 10, 2026
- AAPD: Powerful Resources, Motion Picture Licensing for Dental Offices, accessed October 10, 2026
- AAO: AAO Endorses the Motion Picture Licensing Corporation (July 20, 2022), accessed October 10, 2026
- ASCAP: Music Licensing FAQs, accessed October 10, 2026
Hear it in your own rooms.
Eight instrumental stations and one access code, on a tablet or laptop in each room, or cast to your TV. From $15 a month for one device; Practice covers up to 5 devices for $24.
New locations start with a 14-day trial. A card is required and nothing is due at checkout. A reminder goes to the billing email before the trial ends, and you can cancel in Manage billing or by emailing hello@elemusic.fm. Unless you cancel before the trial ends, the card is charged the plan price when it ends. See the Terms of Service and the Refund and Cancellation Policy.