Fact-Checked
You need a business music license to play seasonal music in your business, just like any other song. A holiday song played where guests or staff can hear it is a public performance, which requires the proper music licensing. You can't use a personal Spotify, Apple Music, Amazon Music, or YouTube account for it at any time of year.
This page covers our guides for popular holidays. It shows what stays the same all year, what changes by holiday, and when a themed night needs more than your background music plan.
Do You Need a License for Seasonal Music for Business?
Yes. Every popular holiday song belongs to at least one PRO, or performing rights organization. That’s a group that collects fees when songs are played in public. The U.S. has five: ASCAP, BMI, SESAC, GMR, and AllTrack. Each one covers only its own members’ songs.
Holiday playlists cross catalogs fast. If you are looking to play popular seasonal music as background music in your restaurant, retail store or other small business you will need a legal, licensed commercial provider.
They pay the “public performance” PRO fees for songs played through its own player or app. All you have to do is turn on their playlists and focus on your customers.
Make an informed choice! Compare music providers for your business on our Compare Page—free and simple.
Personal Streaming Apps Stay Illegal During the Holidays
A holiday playlist on a personal app is illegal to play in-store or in a business.
Spotify, Apple Music, and Amazon Music sell home plans for personal listening only. None of them sells a plan for businesses. Our pages on Spotify for business, Apple Music for business, Amazon Music for business, and YouTube for business cover each service in more detail.
Using personal streaming apps is illegal and runs the risk of fines from $750 – $150,000 per song. The potential of fines just aren’t worth the risk or the potential legal headache.
Old Christmas Carols Still are Copyrighted Recordings
Many Christmas carols are in the public domain, which means the tune and words are free for anyone to use. However, the recordings you’d play in your business are not.
Labels, orchestras, popular artists and arrangers own those versions. A new take on an old carol is its own copyrighted work and requires the “public licensing” only a commercial provider has to play in your store.
The Radio Exemption is Narrow and Not Ideal
One part of copyright law, Section 110(5)(B), lets some small businesses play radio or TV without a license.
It applies to food and drink businesses under 3,750 gross square feet and other businesses under 2,000 gross square feet, if you don’t charge to hear the music. The square footage limitations also include the kitchen and back of house.
While some businesses may qualify for that, remember, the radio and TV have ads that your customer can hear which isn’t ideal for a great customer experience.
Top Seasonal Music Times for Businesses
| Season | Dates to Run Seasonal Music | Types of Music | Recommended Licensing |
|---|---|---|---|
| Halloween | October 1 through October 31 | Spooky instrumentals, novelty songs, and Halloween-themed rock and pop for costume nights | Legal background music provider required. A DJ or karaoke at a costume party requires direct PRO licenses (ASCAP, BMI, SESAC, GMR, AllTrack). |
| Thanksgiving | November 1 through Thanksgiving Day | Warm acoustic, folk, Americana, and light jazz. The fall sound gives way to winter holiday sound by the end of the week. | Legal background music provider required. |
| Black Friday | Black Friday through Cyber Monday | Upbeat holiday pop and higher-tempo playlists for longer hours and bigger crowds | Legal background music provider required. |
| Christmas and Winter Holidays | Day after Thanksgiving through December 26 | Christmas classics, contemporary holiday pop, instrumental carols, Hanukkah songs, and non-denominational winter music | Legal background music provider required. Old carols may be in the public domain, but the recordings are still copyrighted. Personal Spotify or Apple Music accounts are not licensed for business use. |
| New Year's Eve | December 27 through January 1 | Party anthems, dance hits, and countdown classics for late hours | Legal background music provider required. A DJ or live band requires direct PRO licenses (ASCAP, BMI, SESAC, GMR, AllTrack). |
| St. Patrick's Day | March 1 through March 17 | Irish folk, Celtic rock, pub sing-alongs, live bands, and karaoke | Live bands require direct PRO licenses. Karaoke requires PRO licenses plus a commercial karaoke platform. |
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Seasonal Music Can Vary By Your Business
Retail stores
Stores run holiday music longer than most businesses, and your staff feels it first. A 25-song holiday list at about 3.5 minutes a track loops in under 90 minutes. Your floor team hears every song eight or more times in a 12-hour shift.
Mix seasonal tracks into your normal catalog and lean in on evenings and weekends. If you host a DJ for a launch or pop-up, that set needs direct PRO coverage. See music for retail stores and how holiday background music affects retail sales.
Restaurants
Diners notice holiday music that starts too early faster than shoppers do. Keep lunch on your usual mix and save seasonal tracks for dinner. Holiday private parties with a DJ on site need the same PRO licenses as any DJ night. More in our guide to music for restaurants.
Bars
Bars carry the most event risk. Big nights like New Year’s Eve and St. Patrick’s Day often bring DJs, live bands, or karaoke. None of the licensing for those live music options are covered by a background music plan. Live music require separate licensing from the PROs.The venue is the liable party even when a hired DJ picks the songs. See music for bars.
Frequently Asked Questions
Q: Do I need a separate license to play Christmas music in my business?
A: No. Christmas songs are licensed like any other song, so the commercial license that covers your overhead music in June covers it in December. You do need that license in place, either through a licensed background music service or direct PRO licenses.
Q: Can I play my personal Spotify holiday playlist in my store?
A: No. Personal Spotify, Apple Music, Amazon Music, and YouTube accounts are limited to personal, noncommercial listening in every season. Playing them for customers or staff is an unlicensed public performance.
Q: Are old Christmas carols free to play in a business?
A: Maybe. A carol’s composition can be in the public domain, but the recording you play almost always belongs to a label, orchestra, or arranger. Treat any recording as copyrighted unless the source states otherwise.
Q: Does my background music service cover licensing for a St. Patrick’s Day band or karaoke night?
A: No. Background music plans cover overhead playback through the provider’s player. Live bands, DJs, and karaoke need public performance licenses from the PROs, and karaoke also needs a commercially licensed karaoke platform. Learn more with our live music licensing guide.
Q: Can I play holiday radio in my small business without a license?
A: Maybe. Section 110(5)(B) of the Copyright Act exempts radio and TV broadcasts in food and drink businesses under 3,750 gross square feet and other businesses under 2,000 gross square feet, when you don’t charge to hear it. Larger spaces face speaker and screen limits, and the exemption never covers streaming.
Q: Do I need a different license for Black Friday music?
A: No. Black Friday changes your hours and crowd size, not your license. An in-store DJ or live act for a door-buster event does need direct PRO licenses.
Q: Is my bar liable if a hired DJ plays unlicensed songs on New Year’s Eve?
A: Yes. The venue holds the liability for public performances on its premises, even when an outside DJ or a customer causes the infringement. Learn more with our DJ licensing guide.