You run a hair salon. You play music for your clients. Then ASCAP or BMI sends a letter saying you owe them money. It feels absurd — you are cutting hair, not running a nightclub. The good news is that many hair salons are legally exempt from music licensing. The bad news is that the exemption has specific rules, and not every salon qualifies.
This page applies the homestyle exemption under 17 USC 110(5)(B) specifically to hair salons and tells you exactly what you need to check.
Last updated April 2026
The short answer
Most hair salons qualify for the homestyle exemption and do not need music licenses. A hair salon is classified as an "other establishment" (not a food-service or drinking establishment) under 17 USC 110(5)(B). The square footage threshold for other establishments is 3,750 gross square feet. The average hair salon in the United States is well under this limit. If your salon is under 3,750 sq ft, plays music from a broadcast source (radio, not Spotify), uses no more than 6 speakers, and does not charge a cover, you are exempt from ASCAP, BMI, and SESAC licensing.
Why — the actual statute
Under federal copyright law, playing music in any business open to the public is a "public performance" (17 USC 106(4)). That means you technically need permission from the copyright holder — which in practice means licenses from ASCAP, BMI, and SESAC.
However, the homestyle exemption in 17 USC 110(5)(B) creates a carve-out for small businesses. Hair salons fall under the "other establishment" category (not food-service), which gets a more generous square footage limit:
Exemption checklist for hair salons:
- Under 3,750 gross square feet (excluding space used only for customer parking). This includes the salon floor, waiting area, shampoo stations, storage, break room, and restrooms.
- Music from a licensed broadcast source: over-the-air radio, broadcast TV, or basic cable/satellite. Streaming services (Spotify, Apple Music, Pandora, YouTube) do not qualify.
- No more than 6 loudspeakers total, with a maximum of 4 in any single room.
- No more than 4 TVs (55-inch diagonal max each), with a maximum of 1 per room.
- No cover charge to enter or hear the music.
- No retransmission of the broadcast signal outside your premises.
Notice the key difference from restaurants: your threshold is 3,750 sq ft, not 2,000 sq ft. Food-service and drinking establishments have the stricter 2,000 sq ft limit. Hair salons, retail stores, gyms, and other non-food businesses get the higher limit. This means the vast majority of hair salons qualify.
The catch: streaming does not count
This is where most salons trip up. The exemption only covers music received from a licensed broadcast — over-the-air radio, broadcast TV, or basic cable. If you are playing a Spotify playlist, an Apple Music station, or a YouTube mix through your salon speakers, the homestyle exemption does not apply regardless of your square footage.
If you want to play custom playlists (not broadcast radio), your options are:
- Get PRO licenses from ASCAP, BMI, and SESAC individually (~$1,100–$2,200/year total)
- Subscribe to a commercial background music service (~$200–$600/year) that bundles all PRO licensing
The math
If you qualify for the exemption (broadcast radio): $0 per year in licensing fees.
If you want custom playlists — PRO licenses: Approximately $1,100–$2,200 per year for all three PROs.
If you want custom playlists — BGM service: $200–$600 per year. One subscription, all PRO licensing included.
Risk of playing Spotify without a license: $750–$150,000 per song in statutory damages (17 USC 504(c)).
What to do next
- Run the free self-check to confirm whether the homestyle exemption covers your salon. It takes about 3 minutes and asks about your square footage, speakers, and music source.
- If you are playing broadcast radio and qualify, document your setup (square footage, speaker count, radio source) and keep it on file. You are covered by the statute.
- If you are playing Spotify or another streaming service, you are not covered by the exemption. Switch to broadcast radio (free) or get a commercial BGM service ($200–$600/year).
- If you already have a demand letter, do not ignore it. The Music Licensing Audit Kit includes response templates for ASCAP and BMI demand letters.
Run the full self-check
Find out in 3 minutes whether your hair salon is exempt. The self-check tool applies the same statutory test described above to your specific situation.
Source text
17 USC 110(5)(B) — the business exemption for non-food-service establishments:
"...a communication of a transmission embodying a performance or display of a nondramatic musical work... by an establishment other than a food service or drinking establishment... if— (I) the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or (II) the establishment in which the communication occurs has 2,000 gross square feet of space or more... not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space..."
For non-food-service establishments like hair salons, the operative threshold is 3,750 gross square feet. Establishments under this size that meet the equipment requirements are exempt. The 2,000 sq ft figure in the statute applies to automatic exemption (no equipment limits); between 2,000 and 3,750 sq ft, the speaker and TV limits apply.
Full statute: 17 USC 110 at Cornell LII