Guides
Who holds ASCAP and BMI licenses for New York DJs and the venues that book them
In New York, venues usually hold the ASCAP and BMI licenses for DJ gigs. This covers when a DJ needs a license, the cabaret repeal, SLA conditions, contract clauses.
What to take away
- In New York the venue, not the DJ, normally holds the ASCAP and BMI licenses and any cabaret or entertainment permit.
- A DJ needs a performance license only when the DJ owns the room or runs a mobile service that makes the performance itself.
- ASCAP and BMI license separate repertoires, and their fees scale with occupancy and the number of music nights.
- The contract should name the license holder, name the permit that allows the music, and carry an indemnity.
Who holds the ASCAP and BMI license for a club date
A DJ does not normally need an ASCAP or BMI license to play a club date. The venue holds it. ASCAP and BMI are performance rights organizations that license public performance for songwriters and publishers (Performance rights organization - Wikipedia).
The split follows the room, not the person. Recorded music played to guests in a bar is a public performance by the business running the bar. The DJ is hired into a space that should already be licensed.
[figure 1]
Who Holds the Music License
Is the room public and playing music?
Venue business holds the license
Private event may still be public
Private events are not automatically exempt. A rented hall with a paying guest list and a hired DJ is still a public performance in most cases. Our licensing and compliance notes follow how that answer shifts between states.
A DJ who owns the room, or runs the whole event as a mobile service, should treat the license as a business cost.
How ASCAP and BMI fees scale with the room
Neither organization publishes one national rate for clubs. Quotes are built from the same variables.
How ASCAP and BMI fees scale
| Variable | Effect on the annual fee |
|---|---|
| Occupancy | Higher fire-code capacity raises the fee |
| Nights with music | More music nights each week cost more |
| Live or recorded | Live performance is priced apart from records |
| Cover charges | Some quotes factor door or entertainment spend |
| Repertoire | ASCAP and BMI bill separately |
Small New York bars are often quoted in the low hundreds of dollars a year. Large clubs with several music nights run into the thousands. Treat both as typical ranges rather than published rates, and get your own number in writing.
A venue that adds a DJ booth or live bands may need to update a license written for background music. The ASCAP and BMI guide for American DJs covers what each catalog reaches at public events.
The cabaret license question in New York City
New York City's cabaret license came from the 1926 Cabaret Law, which required a license where patrons danced. The City Council repealed that law in 2017, so the document many contracts still call a cabaret permit is no longer the main gate for dancing.
What governs now is a mix. Permission to host entertainment sits in the venue's State Liquor Authority license and its printed conditions. Zoning, occupancy and fire rules sit with the city.
Ask which document permits dancing, who approved it, and what hours it covers. A contract that refers to a cabaret license should name the paper the venue actually holds.
State Liquor Authority license classes that affect the booking
The State Liquor Authority licenses alcohol in classes. A full on-premises liquor license lets a bar sell spirits and covers entertainment unless conditions say otherwise. A beer and wine license is narrower.
Conditions carry more weight than the class name. A venue on a residential block may hold a license with restricted hours or a ban on live music. Read the conditions before you accept a recurring slot.
Inspectors can close an operation that does not match its license, and a DJ who has already set up loses the night. Helpers you bring fall under New York wage and hour rules for setup and breakdown (Workforce Protections | Department of Labor).
Contract clauses that put licensing in writing
A written clause beats a promise on the phone. Our DJ operations and workflow guide shows where these checks fit into a booking routine. Work through four items in order.
- Name the holder. "Venue represents that it holds all music performance licenses required for the event, including ASCAP and BMI licenses, and will keep them in force."
- Add a warranty and an indemnity, so the venue covers you if a license it claimed to hold is missing.
- Name the permit. Where dancing is part of the night, say which document allows it and until what hour.
- Set a remedy. If the venue loses a license before the date, the deposit and booked travel stay with you.
[figure 3]
Contract Clauses That Assign Liability
- Name the license holder in writing
- Add venue warranty of ASCAP and BMI licenses
- Add venue indemnity for licensing claims
- Name the cabaret or entertainment permit
- State permitted hours cover the set
- DJ warrants no works outside the license
Example: a 200-capacity Brooklyn bar
A Brooklyn DJ books a Saturday at a 200-capacity bar. The bar holds ASCAP and BMI licenses and an SLA license whose conditions allow music until 2 a.m. The contract names the venue as the license holder, sets the set from 10 p.m. to 1:30 a.m., and carries an indemnity.
If the bar loses its permit later, the DJ has a written basis to recover the fee.
Documents a New York DJ should keep on file
Keep proof that you asked. In a dispute, the paper trail beats memory.
- Signed contract with the license and permit clause
- Written confirmation of the venue's ASCAP and BMI licenses
- The license or permit document the venue sent
- Permitted hours and capacity in the booking email
- Setlists or cue sheets for the dates played
Setlists are not a license, but they show what was played if a rights holder asks. Keep them for the period your contract or insurer requires. A compliance checklist makes these checks routine before every date.
Venues that pay a DJ $600 or more in a year report it on Form 1099-NEC (About Form 1099-NEC). Keep those forms with the contract and the license confirmations.
