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ARTICLE · 03 FEBRUARY 2015

Public Performance Primer

Fox Rothschild LLP
Fox Rothschild LLP
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These days, it’s hard to imagine a restaurant or bar experience that is not accompanied, in some part, by music.

United StatesIntellectual Property

These days, it's hard to imagine a restaurant or bar experience that is not accompanied, in some part, by music. Music can be essential to create the personality of an establishment. It's no surprise, therefore, that the owner of a bar or restaurant will inves a lot of energy in choosing just the right music, whether live or recorded, to accessorize and influence how guests feel about their overall experience at those venues.

And just like purchasing the right lighting, flatware, wall decorations or other touches for the venue, the music comes with a price tag. The public performance of music in live venues is protected by copyright as much as is creating a CD.

The concept of "Public Performance" is crucial to bars, lounges and restaurants where music is played because the right to perform music "publicly" in such settings is controlled exclusively by the aforementioned music creators or those who administer their rights. And, under the copyright law, any music

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