Every so often a store has a reason for people to show up at six o’clock instead of whenever they happen to pass: a grand opening, the holiday open house, or the night you thank the customers who kept you in business all year. The question on those nights is whether to bring in a musician or let the soundtrack run.
The answer is both, in a particular order, and it starts with what a performance does in a store full of people who came for it.
When does live music beat the store soundtrack? #
A performance has a start time. The soundtrack is on when the doors open and off when they lock, and nobody plans a Tuesday around it. A duo playing from six to eight is an event, and an event is something a customer can put on a calendar and mention on Thursday to someone who missed it.
Four occasions come up again and again. The grand opening, where the store has no regulars yet and the first hundred people through the door decide what they will say about it. The holiday open house, where every calendar is crowded and a live set is the reason to pick your store over the one across the street. The customer appreciation night, where the people in the building already like you and the music is how you show it. And the loyalty event, the trunk show, the product launch, any night the store invited people to, where the crowd came for something and a performer gives them that.
There’s research behind the instinct. In 2024, Wiebke Trost and colleagues, writing in PNAS, had pianists perform live for listeners lying in an MRI scanner and compared the response with comparable recorded music. The live performances produced higher and more consistent activity in the amygdala, the part of the brain that handles emotional response, and the listeners’ brain activity locked to the music only when it was live. A 2019 study from McMaster University’s LIVELab, published in Frontiers in Psychology, measured a different signal from the outside: audience members moved their heads about twice as fast during a live concert as during playback of the same band’s album, and self-described fans moved the most.
Fans moved more whether the band was in the room or on the speakers, and everyone moved more when it was live. That is the argument for booking an act on a night people are already coming for. Notice, too, what the scanner rewarded. The pianists in Trost’s study were playing to the listeners’ responses as they happened, and the coupling between the music and the brain showed up only when they could. That responsiveness is the same thing Nordstrom’s pianists were prized for, from 1985 until the last one closed the lid in 2019 or 2020.
When is the soundtrack still the better tool? #
Every ordinary day. A store is open something like ten hours, and the person behind the register hears every minute of it, five days a week. Nordstrom put pianists on its floors in 1985 and spent more than a decade taking them off: recorded music in the Seattle stores by 2007, two days a week in thirty stores by 2013, the last one gone by 2020. The company’s stated reason was that recorded music was “more modern.” Whatever the reason, the ordinary day was what the live program lost first.
Milliman showed in 1982 that slower music slowed shoppers down and lifted daily sales. What a store needs from that finding is control of the tempo, and control is where the two tools differ. An act booked for a party drifts upward on purpose, because a performance is built to lift a crowd, and the drift is the point of a Friday night in December. On a Tuesday afternoon in March the same drift moves customers out the door faster than they came in. The soundtrack moves the tempo on the store’s terms: it plays the tempo the store chose and changes when the store says so, which is the whole reason a store can run one tempo in the morning and another at closing.
Then there’s recognition. Cover bands play songs the crowd knows, because that is what a crowd wants from a band. In 2000, Yalch and Spangenberg found that shoppers browsing under familiar music left sooner while believing they had stayed longer. On event night that recognition is what the crowd came for. On an ordinary afternoon a song the shopper knows tells her roughly how long she has been standing in the aisle, and our post on why hit songs make bad store music goes through the mechanism.
And the cost is shaped differently. A booking is one evening’s fee with a date on it; the soundtrack is a monthly fee for every hour the store is open, and Entuned Free streams its shared catalogue for nothing.
Does the radio exemption cover a live band? #
No, and this is the part operators miss. The store takes on the obligation the moment the band starts, whether anyone planned for it or not.
The exemption most small stores lean on, 17 U.S.C. § 110(5)(B), covers the communication of a transmission: a licensed radio or television broadcast played in a store under 2,000 square feet, or in a larger store that stays inside the statute’s loudspeaker limits. The operative word is transmission. A guitarist playing Van Morrison by the register is a public performance of a copyrighted song, and the exemption says nothing about her.
Who holds the license is settled too. ASCAP’s licensing FAQ takes the question head on: some people assume the musicians must obtain the license, the law says everyone who participates in or is responsible for a performance is liable, and since the business owner gets the benefit of the performance, the business owner obtains the license. A band that plays covers in your store exposes the store to the statutory damages below, unless your license already covers live performance or the act plays material no performing rights organization (PRO) represents.
The radio exemption covers a broadcast. A band playing in your store is a performance, and the store is the party the PROs license.
What to settle before the band arrives #
Settle four things a few weeks out.
Volume comes first. Our decibel guide puts an apparel floor at 60 to 68 dB, under the 70 dB line it marks as the World Health Organization’s threshold, and an acoustic drum kit plays well above that in any store. Ask for a lineup that fits the floor, such as a solo guitarist, a duo or a drummerless jazz trio, and ask what level they play at when they are booked as background for a dinner.
The handoff comes next. A band plays a set and takes a break, and the break is when your soundtrack has to be ready at a level that matches, so the floor does not go from a trio to silence to a jolt. Tell the act what will be playing when they stop, and set the closing hour to come back down to the store’s everyday tempo before the last customers leave.
Power and floor space are the third question, and the act will tell you if you ask: how many outlets and how much floor they need, and how long they need in the store before the doors open.
The last question is the act itself. A local booking agency will know who plays at conversation volume, and so will the events desk at a hotel you already use. On Colorado’s Front Range, Signet Artists, a Denver live music agency, books acts for business events in the city and the mountain towns, and it is our founder’s company.
Where Entuned fits #
Entuned is the soundtrack: the music that runs the ordinary days and takes the floor back when the band packs up. It is original music we own outright, so there is no PRO fee on any of it and no demand letter afterward. Entuned Free runs with no card and no time limit, and it is PRO-indemnified the moment it plays.
Book the trio for the open house. Then stand on the floor at two on a Tuesday in March and listen to what’s playing.
For the questions behind this one: the operator’s guide to store music licensing covers the four PROs and the exemption in full, the pianist in the store is the history of live music on a retail floor, and the decibel guide has the measured levels by vertical.
References
- Trost, W., Trevor, C., Fernandez, N., Steiner, F., & Frühholz, S. (2024). Live music stimulates the affective brain and emotionally entrains listeners in real time. Proceedings of the National Academy of Sciences, 121(10). https://doi.org/10.1073/pnas.2316306121
- Swarbrick, D., Bosnyak, D., Livingstone, S. R., Bansal, J., Marsh-Rollo, S., Woolhouse, M. H., & Trainor, L. J. (2019). How live music moves us: Head movement differences in audiences to live versus recorded music. Frontiers in Psychology, 9, 2682. https://doi.org/10.3389/fpsyg.2018.02682
- Yalch, R. F., & Spangenberg, E. R. (2000). The effects of music in a retail setting on real and perceived shopping times. Journal of Business Research, 49(2), 139–147.
- Milliman, R. E. (1982). Using background music to affect the behavior of supermarket shoppers. Journal of Marketing, 46(3), 86–91.
- 17 U.S.C. § 110(5)(B), limitations on exclusive rights: exemption of certain performances and displays. https://www.law.cornell.edu/uscode/text/17/110
- 17 U.S.C. § 504(c), statutory damages. https://www.law.cornell.edu/uscode/text/17/504
- ASCAP. ASCAP Music Licensing FAQs: Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform? https://www.ascap.com/help/ascap-licensing