Risk Check

Is playing Spotify in your business illegal?

A 60-second risk check for owners and operators. Six questions, a 0–100 score, and a sourced answer with the statute attached.

Spotify, Apple Music, and YouTube are licensed for personal use only — their own terms say so. The homestyle exemption that shields some small businesses from broadcast-radio royalties does not extend to streaming services. PROs (ASCAP, BMI, SESAC, GMR) are actively suing small venues right now, and the statutory damages start at $750 per song. This tool tells you where your business actually sits, with the citation attached, so you can make the call with eyes open.

Question 1 of 6

What service are you playing in the business?

Question 2 of 6

What kind of business is this?

Question 3 of 6

Approximately how many customers per day pass through?

Question 4 of 6

How visible is your business location?

Question 5 of 6

Have you (or this location) ever received a letter from ASCAP, BMI, SESAC, or GMR?

Question 6 of 6

Is the music audible from outside the business?

Your risk check

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/ 150

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Informational only. Not legal advice. Verify your specific situation with a qualified IP attorney before changing music sources or signing licensing agreements.

Why this exists

The "we’re too small to notice" theory is wrong.

In March 2024, ASCAP filed 13 federal copyright suits against small venues in a single round. In February 2025, they filed 24 more. In October 2024, the Fish Company in Providence, Rhode Island — a single restaurant — was sued by ASCAP over three karaoke songs. Statutory damages under 17 USC § 504 start at $750 per song and scale to $30,000 per song, or $150,000 per song for willful infringement, plus attorney’s fees under § 505. The "homestyle exemption" in § 110(5)(B) only covers broadcast radio and TV in small businesses — it does not extend to streaming services.

The honest answer for most small operators: a personal Spotify account playing in the business is a violation of Spotify’s own terms and of the underlying public-performance right. The risk is real, the enforcement is current, and the fix is cheap.

Sister tools and reading: music license exemption checker, retail music FAQ, can you play Spotify in your store?, and Entuned pricing — including Entuned Free.

Sources

Primary sources cited in this tool

  • Spotify Terms of Use — Public/Commercial Use: "Spotify is only for personal, non-commercial use." Explicitly prohibits use in "bars, restaurants, schools, stores, salons, dance studios, radio stations, etc." support.spotify.com
  • Apple Media Services Terms: Apple Music is restricted to "personal, noncommercial use." Apple Music for Business was discontinued in 2019. apple.com/legal
  • YouTube Terms of Service: Personal, non-commercial use only. No commercial tier exists for YouTube or YouTube Music. youtube.com/static
  • 17 USC § 504 — Statutory damages: $750–$30,000 per infringed work; up to $150,000 per work for willful infringement. law.cornell.edu
  • 17 USC § 505 — Attorney’s fees: Court may award full costs and reasonable attorney’s fees to the prevailing party. law.cornell.edu
  • 17 USC § 110(5)(B) — Homestyle exemption: Covers broadcast radio/TV in small establishments. Does not extend to streaming services. law.cornell.edu
  • ASCAP enforcement: 13 federal suits filed March 2024; 24 more filed February 2025. ascap.com

Next step

Stop playing music your service forbids you to play.

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