Legal Landscape:
When Does a Performance Need an ASCAP License? A Brief Guide for Independent Music Teachers

Davis Dorrough, NCTM

MTNA Business Digest

Volume 4, Issue 3

April 2025

As an independent music teacher, you’ve likely encountered situations where the rules around music licensing felt unclear. I once attended a conference session with a room full of music professionals, and despite their expertise, there was no consensus on when an ASCAP (American Society of Composers, Authors, and Publishers) license is required. Even worse, misinformation spreads quickly, underscoring just how important it is to clarify this topic.

You might wonder whether your student recitals or public performances need a license—or if those performances could unintentionally violate copyright laws. Additionally, your students’ performances may not be properly reported, which means composers aren’t receiving the ASCAP royalties they deserve. Understanding when a license is needed not only ensures compliance but also supports the creators behind the music you teach and perform.

Music licensing can be a complex and nuanced topic, but my goal with this article is to provide a clearer understanding of what it is, how it works and how to navigate it—whether you’re a music user or a creator. I hope this guide answers many of your questions and offers a more complete picture of the licensing process. If you’re ever unsure, the best course of action is to contact ASCAP directly—their representatives are always happy to provide guidance on your specific situation.

What is ASCAP?

ASCAP is a membership association representing more than one million songwriters, composers and music publishers across various genres and styles. It operates as a Performing Rights Organization (PRO) that licenses the public performance of its members’ musical works and ensures they receive fair compensation for their creative efforts.

There are also two other major competitors to ASCAP in the performing rights industry: BMI (Broadcast Music, Inc.) and SESAC (Society of European Stage Authors and Composers). While BMI has a slightly larger membership (over 1.3 million members), ASCAP has stronger ties to the educational community and has been around longer, founded in 1914. BMI, in contrast, leans more toward commercial, pop and film music.

Both ASCAP and BMI operate as nonprofits, while a third PRO, SESAC, operates as a for-profit, invitation-only organization that selectively recruits high-earning songwriters, composers and publishers. Unlike ASCAP and BMI, SESAC negotiates royalties directly with music users (radio stations, streaming services, etc.), which can sometimes result in higher payouts for its members. For this article, we’ll focus on ASCAP, as it is the PRO most commonly associated with academic settings and the one where MTNA has a licensing agreement.

The Definition of a Public Performance

A public performance, as defined by Title 17, Section 101 of the United States Code (U.S.C.), which is part of U.S. copyright law: A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances). A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. This definition is crucial in determining when a performance license is required.

When is an ASCAP License Required?

For independent music teachers, private lessons conducted in your home or studio typically do not require an ASCAP license, as they are not considered public performances.

Small studio recitals limited to your students and their invited family and friends also generally do not need a license, as they are private events and not advertised to the public. However, if a recital is advertised or held in a public venue where anyone can attend—such as a mall, community center or other publicly accessible space—it may be classified as a public performance and require an ASCAP license to perform copyrighted music legally. The key distinction lies in whether the event is open and promoted to the public.

Many performance venues, such as schools, churches and concert halls, already hold an ASCAP license that covers musical performances held on their premises. Before securing a separate license for a public performance, check with the venue to determine whether your recital or event is already covered under their existing agreement. This can help avoid unnecessary licensing fees.

Debunking Common Misconceptions About ASCAP Licensing

• “I own the sheet music, so I can perform it publicly.” Purchasing sheet music or recordings does not grant the right to publicly perform the music. A separate performance license is required.
• “A small audience means no license is needed.” The size of the audience does not affect licensing requirements. Any public performance, regardless of attendance, requires proper licensing.
• “Free events don’t require a license.” Even if no admission fee is charged, a public performance license is still necessary. The requirement is based on the nature of the performance, not its profitability.

How to Obtain an ASCAP License

To obtain an ASCAP license, visit the licensing page and select the licensing category that best matches your event or business. ASCAP offers a range of licenses tailored to different needs, so be ready to provide details such as your event’s location, expected audience size and how the music will be used. If you don’t see a clear category for independent music teachers—like I experienced—it’s best to reach out to ASCAP directly. I tested the contact form myself, and the process was quick and straightforward. As of the writing of this article, that link is located in the bottom right-hand corner of the licensing page and is titled “Can’t find your business type?"

How Much Does an ASCAP License Cost?

The cost of an ASCAP license for music studios depends on the number of locations and whether recitals are ticketed. According to the 2025 ASCAP rate schedule, the annual license fee is $313 per studio location, plus $26 for each ticketed recital. Recitals with free admission do not require the additional $26 fee per recital. This license covers performances in instructional settings and student recitals with a seating capacity of 1,000 or less. To ensure compliance and determine the exact fees applicable to your studio and situation, it's best to contact ASCAP directly.

Supporting Composers Through ASCAP Reporting

By obtaining an ASCAP license and reporting performances, you help composers receive royalties for the use of their works. This support enables them to continue creating music for us to use and enjoy! You can determine if a composer and their works are registered on ASCAP by using the Songview feature.

If your performance includes works by composers affiliated with different PROs, you’ll need to report to each one separately. To simplify the process and reduce fees, consider planning your program in advance to feature works from a single performing rights organization.

You can report a performance using the ASCAP performance report form. Reporting performances can help ensure that composers receive their royalties, even if your venue holds an ASCAP license. While some venues may not be required to report setlists, submitting the repertoire yourself—if possible—helps guarantee that the right composers are credited and compensated. If you’re unsure, it's always best to check with the venue and ASCAP directly.

How Can Composers Make Sure They Receive ASCAP Royalties?

For composers, registering with ASCAP is the first step to receiving royalties for the public performance of their music. As of February 13, 2023, joining ASCAP as a writer is free. Composers must also register each of their works with ASCAP, providing details such as the title, co-writers, and publisher information. Without registration, ASCAP cannot identify or compensate composers for their music, which means royalties will go uncollected.

It's also important to note that in the U.S., a composer can only belong to one PRO at a time for their performance royalties. However, publishers can be members of more than one PRO. What this means is the writer’s royalty share will always be collected by their single chosen PRO. If their publisher is affiliated with both ASCAP and BMI, the publisher’s share might be collected by both PROs depending on how the work is distributed. Performance licensing royalties are always split 50/50 between publisher and writer.

To avoid potential issues with duplicate title registrations, it’s advisable for published composers to coordinate with their publishers. Clear communication ensures that each party understands their role in the registration process, preventing overlaps. If duplicates do occur, PROs like ASCAP have procedures to address and merge them.

Should You Bring Proof of Your ASCAP License to a Performance?

Bringing proof of your ASCAP license to a performance is a smart and professional practice. Some venues or event organizers may request documentation to verify that the event is legally authorized to feature copyrighted music. Having the license on hand can also help resolve any questions or disputes that might arise from staff, audience members, or ASCAP representatives. If the venue holds the license, confirm this in advance to avoid last-minute complications.

MTNA’s ASCAP Music Licensing Agreement

MTNA events, including those held by its Divisions or State and Local Affiliates, are automatically covered under MTNA’s blanket licensing agreement with ASCAP. However, this coverage applies only to association-sponsored events. Individual MTNA members hosting personal recitals or independent performances are not covered under this agreement and must secure their own performance licenses if needed.

State and local MTNA affiliates should submit a digital copy of any event program featuring copyrighted music performed under the association’s sponsorship to MTNA National Headquarters (mtnanet@mtna.org) by June 30 each year. This process ensures ASCAP composers receive proper credit for their work. Attendance figures are not required, and MTNA handles the reporting, licensing fees and program submissions to ASCAP as a benefit of your membership.

Do You Need an ASCAP License? Test Your Knowledge with the ASCAP Quiz!

1. You host a small studio recital in your home for your students and their invited family and friends. The event is not advertised to the public. Does this require an ASCAP license?
• Answer: No.
  Explanation: This is a private event limited to a small, specific group and is not advertised or open to the public. It falls under the private use exemption.
2. You organize a recital and advertise it on social media, inviting anyone to attend. Does this require an ASCAP license?
• Answer: Yes.
  Explanation: Regardless of the venue or size of audience, the recital is advertised and open to the public and qualifies as a public performance.
3. During a piano lesson in your studio, you and your student play through a copyrighted song for educational purposes. Does this require an ASCAP license?
• Answer: No.
  Explanation: This is not considered a public performance under copyright law. While independent teachers operate as for-profit businesses, the key factor is that the lesson is a private, face-to-face instructional setting, not a public event.
4. Your students perform a medley of popular songs at a local mall for a holiday event organized by the mall. Does this require an ASCAP license?
• Answer: Yes.
  Explanation: This is a public performance in a publicly accessible venue. The venue (or the organizer) is typically responsible for obtaining the appropriate license, but as the teacher, it’s important to confirm that a license is in place.
5. You host a recital at a church, but attendance is limited to invited family and friends. The event is not advertised publicly. Does this require an ASCAP license?
• Answer: No.
  Explanation: Although held in a public venue, the recital is a private event limited to a specific group and not advertised to the public.
6. You stream a student recital live on social media for friends and family who can’t attend in person. Does this require an ASCAP license?
• Answer: Yes.
  Explanation: Live streaming is considered a public performance because it is accessible to a potentially unlimited audience online. A license is required for the use of copyrighted music in this context.
7. Your local association affiliate of MTNA is hosting a recital. Does this require an ASCAP license?
• Answer: No
  Explanation: MTNA’s blanket ASCAP license covers association-sponsored events at the national, division, state and local levels. However, the event must be officially sponsored by the association to be covered. Individual teachers hosting independent recitals are responsible for securing their own licenses if needed.

Summary and Checklist

• Determine if your event constitutes a public performance.
• Ask your venue (university, event center, or other public space) if they already have a blanket ASCAP license agreement and confirm the appropriate reporting process.
• Check your repertoire in advance using ASCAP’s Songview feature, and plan your program around one PRO to save on time and fees—if desired.
• Contact ASCAP to verify the correct license for your event type.
• Report performances using the ASCAP performance reporting form.
• Bring proof of license to performance.

Conclusion

Understanding when an ASCAP license is required empowers music teachers to navigate the complexities of copyright law with confidence. It’s not just about compliance—it’s about fostering a culture that respects and values the creators behind the music we teach and love. By securing the correct licenses and ensuring proper reporting, you play an essential role in supporting composers, sustaining their livelihoods, and upholding a musical ecosystem rooted in fairness, creativity, and mutual respect.

N.B. The information provided in this article is for general guidance only and should not be considered legal advice. Individual members are responsible for understanding their own licensing obligations and ensuring compliance with copyright laws. If you’re unsure, contact the appropriate performing rights organization directly.

RESOURCES

ASCAP

BMI

SESAC

MTNA ASCAP Music Licensing Agreement

MTNA Copyright FAQs

NAFME United States Copyright Law: A Guide for Music Educators

Davis Dorrough, NCTM, MM, is an author, teacher and piano editor at Alfred Music. He is co-author of the Easy Piano Lead Sheets and Chord Charts series, created to help students master essential contemporary music skills.