Licensing FAQs

Many business owners might wonder if they can use personal streaming services like Spotify, Apple Music, or YouTube to play music in their establishments. The short answer is no. Personal streaming services are designed for private, non-commercial use only. Their terms of service explicitly prohibit using their platforms for public performances.

Mood Media’s background music service is covered under Mood’s licensing agreements, in respect to Mood Media-provided service(s) only. This licensing does not extend to music from any other source. There are certain uses in which the music is no longer considered to be “background” music; Mood Media music licensing does not cover the following:

• Live music performances
• DJs
• TVs with sound (audio-only clients)
• Business spaces with a cover charge or admission fee
• Fitness spaces with group, instructional, instructor-led, or music-choreographed exercise or routines

Mood Media considers a membership fee different than an admission fee. However, the background music Mood Media provides can only be used in general areas of the gym or fitness center, and cannot be used for instructional or group exercise.

These are considered physical activity and would not be covered under Mood Media licensing. Performance Rights Organizations (BMI, SESAC, ASCAP) do consider the fee charged an admission fee and is considered different from a gym membership. The only way Mood Media services would cover this use is for background music in a general or lobby area in which a fee is not charged to enter. This area must be audibly separate from the rock climbing area or activity area.

Mood Media licensing does not cover background music being provided for events where an admission fee is charged. The only exception is background music in a reception area or entryway of an event which is separate from the viewing or participation of the event.

If the performance is part of face-to-face teaching activity at a non-profit educational institution, permission is not required. Permission is required when music is used as part of training seminars, conventions, or other commercial or business presentations. Please consult the Performance Rights Organizations (BMI, SESAC, ASCAP) for more information.

TV service providers, while providing commercial licensing for the broadcast of TV programming, generally do not provide public performance licensing for any music that is played. Please consult your TV service provider to verify your licensing coverage. Mood Media’s background music licensing coverage does not extend to any music being transmitted from TV(s). Please bear in mind that most TV programs including news programs, sports programs, and even commercials contain copyrighted music.

Mood Media’s background music licensing only covers the scope of our services at the physical address listed on contract. You may use Mood Media device(s) at your discretion with the understanding that you will be liable to Performance Rights Organizations for live performance licensing during the event.