You own or manage a gym, yoga studio, CrossFit box, or fitness center, and you want to know whether you need ASCAP and BMI licenses to play music. Music is a core part of the gym experience — classes, lifting floors, and cardio areas all depend on it.
The bad news: most gyms need licenses. The good news: the cheapest legal option is probably less than you think.
Last updated April 2026
The short answer
Most gyms need music licensing. Gyms are classified as non-food-and-beverage establishments under 17 USC 110(5)(B). The size threshold for the homestyle exemption is only 2,000 square feet — and the vast majority of gyms are larger than that. If your gym exceeds 2,000 sq ft, you can still qualify for the exemption if you use 6 or fewer loudspeakers total (no more than 4 per room) and your music comes from broadcast radio or TV. But most gyms use Spotify, personal playlists, or a sound system with more than 6 speakers, which means the exemption does not apply.
Why — the actual statute
Under 17 USC 110(5)(B), non-food-and-beverage establishments qualify for the homestyle exemption only if they are under 2,000 gross square feet (excluding customer parking). For establishments over that threshold, the exemption still applies if the business uses broadcast radio/TV and stays within the equipment limits: 6 or fewer loudspeakers total, no more than 4 in any one room.
Gyms fail this test on multiple fronts. A typical gym is 3,000–10,000+ square feet. Group fitness classes often require 8–12 speakers. And many gyms play Spotify or personal playlists — consumer streaming is never exempt, regardless of size or speaker count (details here).
The exception: a very small personal training studio or yoga room under 2,000 sq ft, playing FM radio through a single speaker, might qualify. But this is rare.
The math
Direct PRO licensing (ASCAP + BMI + SESAC): Approximately $1,100–$2,200/year total for a small gym. Rates vary by square footage and whether you have group fitness classes.
Commercial background music service: $25–$50/month ($300–$600/year). Bundles all PRO licensing. Most services offer fitness-specific playlists with the BPM ranges instructors need.
Risk of unlicensed music: $750–$150,000 per song in statutory damages (17 USC 504(c)). PROs have specifically targeted gyms and fitness studios in enforcement actions because the high speaker count and heavy music use make violations easy to identify.
What to do next
- Run the free self-check to confirm whether your gym qualifies for any exemption based on your specific setup.
- Document your speaker count and square footage. The Music Licensing Audit Kit includes a speaker inventory worksheet designed for this.
- If you are playing Spotify or personal playlists, switch to a commercial service. A commercial background music service with fitness playlists costs $25–$50/month and covers all PRO licensing. This is almost always cheaper than licensing directly from ASCAP, BMI, and SESAC separately.
- If you already have a commercial music service, confirm that PRO licensing is bundled into your plan. Not all tiers include it.
Run the full self-check
Source text
17 USC 110(5)(B)(i) — non-food-and-beverage establishment exemption:
"...if the establishment in which the communication occurs is other than a food service or drinking establishment...the gross square footage of space of the establishment in which the communication occurs is less than 2,000 square feet..."
Full statute: 17 USC 110 at Cornell LII