Music service and music royalties
You need a music service to avoid music royalty infringements, to create brand identity, and to optimize customer shopping experiences within your business location. Music has become a staple in business establishments and speaks volumes about your company.
If you own, manage, or run a business where customers enter your store or location, then you legally need a commercial-music-service, which excludes the ability to use popular streaming services, iTunes, digital files, CDs, local radio stations, satellite radio, or your employees’ devices with whatever music they bring to your office.
Many people don’t understand that the music industry is a business and playing licensed music without a Public Performance License (PPL) is an illegal offense. The Performance Rights Organizations (The PRO’s) will prosecute your company. Sometimes, even an individual artist will prosecute your company and they will win every time. Making this mistake will result in a fee that will vary from thousands to millions of dollars. It all depends on how long you’ve been making this mistake, and how large your company is.
You must pay royalties because you don’t technically own any of the music you’re playing.
Customer: “I bought the songs on iTunes, I own them now?”
Music is never owned by you, unless you were involved in the initial creation of a song. If you didn’t contribute as songwriter, producer, artist, etc., then you don’t have any ownership of the musical composition and therefore must pay royalties to use it in a commercial setting.
When you purchase a song on iTunes, you are purchasing the legal rights to play it for yourself as a consumer with a personal license, not for commercial use in a business location to help your business profit.
Therefore, if you choose to play music within your business and it is helping you make money, then you need a Public Performance License (PPL) from The Performance Rights Organizations (PRO’s). The PRO’s are involved in the enforcement of music royalty laws and the distribution of royalty payments.
Acquiring the licenses is the first step to paying royalties.
There are four main performing rights organizations (PRO’s), ASCAP, BMI, SESAC, and GMR. To legally play music in your business location, you’ll need to obtain a public performance license (PPL) from each of the four performing rights organizations, file monthly reports and follow compliances.
Licenses with all four performing right organizations is a must, because each particular song could have a few songwriters, and/or producers associated to the ownership of that musical copyright. Each songwriter, producer and/or owner of one song could be represented by different performing right organizations. Therefore, just one song may need royalties paid to each of the four performing rights organizations.
Following performance rights regulations and rules can be frustrating, tedious, and a risk to your company if you or your employee is not an expert in this field. Ultimately, the cost of filing for licenses with each performing rights organizations and following regulations will be more expensive than hiring an expert.
We are experts and our service will be more cost effective with no risk. Plus, we offer exclusive music channels, company branding, promotional messaging, and so much more.
Yes, KrossKast is a licensed background music provider. We track every song played from your location(s), submit monthly reports and we can pay the royalties fees for you, while providing the necessary business-to-business commercial license. As a result, we are legally able to cover the music royalties for the vast majority of businesses on a domestic and international level. However, there are some exceptions depending the plan you purchase from us, (Exclusive Music or Commercial Music) and the category of your business.
A. Exclusive Music: Within our Exclusive Music plan all the music royalties are 100% covered regardless of your business category or location around the world. We own one-hundred percent of all the music publishing rights to our KrossKast Exclusive original music that is played within our Exclusive Channels and we are the only streaming service in the world that invests extensively in music publishing. If you have chosen the Exclusive Music Plan, then the answer is very simple, you’re 100% covered, provided that your account is in good standing with us.
B. Commercial Music: Our Elevate or Enterprise plan will cover the vast majority of businesses, but the ultimate answer would depend on your business category. Are you a Fitness Center? Rollerskating Rink? Water Park? There are different rules and regulations for different business categories. Please contact us and we’ll be happy to assist you.
C. Live Performances: We are a background music streaming service, therefore we do not cover the royalties for any live performances, (live cover bands, live singers, or live musicians) within your venue.
Under our service, if any of Performing Rights Organizations inquire or investigate your location(s), please have them contact us and we’ll gladly speak on your behalf. If you have any additional questions, please feel free to read Section 17 in our Terms for more information or please reach out to us to discuss the specific needs for your business. We are music experts and that’s why we are here.
U.S. Copyright Office:
101 Independence Ave. S.E., Washington, D.C. 20559-6000
KrossKast’s U.S. Copyright Certification:
Please click on the seal to the left and then scroll down to “KrossKast, LLC”, confirming our Statutory License pursuant to section 370.2 of title 37, Code for Federal Regulations certification with the U.S. Copyright Office.
Here are a few music lawsuits examples:
No, you cannot use any of those music streaming services in your business establishment.
Here’s why. There are two different types of music services. One type of music service is B2C (Business to Consumer) and the other type is B2B (Business to Business). Music streaming services offered from Spotify, Apple Music, Pandora, and YouTube are all B2C. The license they have is for private, non-commercial use (personal use only). To play music in public and/or for customers or employees in your business location, you need a Public Performance License (PPL).
We carry a B2B (Business to Business) license and pay all of the music royalty fees for you.
No, you cannot use CD’s, your personal digital music files, or iTunes music in your business establishment.
Any music you download or obtain from anywhere, only allows you a license for personal use, such as in your car or your house. Playing music from CD’s, digital files, or your iTunes Library in your business location(s) breaks copyright law, is illegal, and puts your business at risk of a lawsuit.
Commercially licensed music in your business location(s) requires a Public Performance License (PPL) for public use.
Yes, there is a small business exception but you must be very careful and be certain you’re the exception. Also, the “small business exceptions” will only allow your small business to play radio or television broadcasts, absolutely nothing else.
1. Any establishment with less than 2,000 gross square feet, and any food service or drinking establishment, (a restaurant, inn, bar or any other similar place of business in which the public is being served food or drink) with less than 3,750 square feet.
2. Any business establishment with greater than 2,000 square feet, and any food service or drinking establishment with greater than 3,750 square feet provided that they use fewer than 6 speakers or TVs, (1 TV per room) and no more then 4 speakers per any one room including adjoining rooms, and with a diagonal screen size of less than 55 inches.
To qualify for these exceptions, the business owner must not charge an admission fee nor play any other music other than terrestrial radio and TV and the transmission of the music does not extend beyond the establishment.
Keep in mind that the gross square footage includes all interior and adjoining outdoor space used to service guests, including the kitchen space, bathrooms, closets, etc., but it does not include the parking lot (unless the parking lot is used for a purpose other than parking).
For more information, please visit Copyright Law Section 110.
Approved equipment and browsers
Recommended: We highly recommend our KrossKast player for many reasons, (this device is part of our starter kit).
- A touch screen device for a user friendly experience
- The ability to set store hours, so your music turns on and off automatically
- If you internet goes down, our backup music will continue to play without interruption until your internet is restored
- Ethernet and wifi capabilities (*we strongly recommend Ethernet if available)
- Bluetooth connectivity to your speakers
- 8mm audio jack to connect directly to your amplifier
Device Directions: This is our priority device, designed specifically for streaming music 24-7, built for non-stop use in commercial retail environments and heavily tested for infinite scalability on a global level. The use of this device will require using our priority KrossKast Applications and turning off automatic updates. Streaming our service from a web browser within this device is not possible because it doesn’t exist within our custom operating system. This device comes installed with three software applications available, made for ease of use for streaming our music, (KrossKast, KrossKast Assistant and the Settings app).
Device Specifications: Our customized KrossKast Player is perfect for businesses with an unlimited amount of locations. This device boasts a Rockchip RK3288 Processor, 2GB of Ram, 16GB, 802.11 ac Wi-Fi capability, Bluetooth, 2 USB ports, a 8mm headset jack, a Kensington lock slot to prevent device theft, an optional easy install velcro vertical wall mount, and also offers an ethernet connection. We highly recommend using an ethernet connection over Wi-Fi.
Recommended OS: 79
Before upgrading the Operating System on this device, always check here to confirm which version we are currently optimized for.
Device Directions: Use of this device requires downloading and using our KrossKast Android Application and turning off automatic updates. Streaming our service from a browser within device is not supported.
Device Specifications: Our customized KrossKast Chromebox is perfect for businesses with an unlimited amount of locations. This device boasts an 8th generation 1.8 Ghz Intel Celeron Dual-Core Processor, 4GB of DDR4 Ram, 32GB M.2 SATA SSD hard drive, 802.11 ac Wi-Fi capability, Bluetooth 4.2, an HDMI port, 5 USB ports, a 3.5mm headset jack, a Kensington lock slot to prevent device theft, a vertical wall mount, and also offers an ethernet connection. We highly recommend using an ethernet connection over Wi-Fi.
MDM: For an additional nominal fee, we offer Mobile Device Management (MDM) service for this device. MDM Service gives us the ability to remotely manage all of your device settings (ex: operating systems updates, audio output volume, etc) on a global level for all device settings within your locations.
Recommended OS: 14.0
Before upgrading the Operating System on this device, always check here to confirm which version we are currently optimized for.
Device Directions: Use of this device requires downloading and using our KrossKast iOS Application, (KrossKast App) and turning off automatic updates. Streaming our service from a mobile browser is not supported.
If you choose to use your own tablet or device with our KrossKast App installed on it, it’s very important that your tablet or device is not connected to an active cell phone number. Cell phone activities can cause ringing noises from telephone calls, text message noises, email notification noises and so on, which can affect App performance.
Recommended OS: Mac OS Catalina 10.15.7
Recommended Browser: Chrome Browser 91.0.4472.114
Before updating the Operating System or Browser, always check here to confirm which versions we are currently optimized for. Additionally, also check the Browser, Hardware and Operating System Requirements below.
Device Directions: The best use for this device should only be for remote management for all of your devices within your locations. Although the majority of computers are capable for use of our service, we do not recommend using any Apple, Windows or Linux laptop or desktop computers for streaming our services. Please contact us for more information.
KrossKast is currently optimized for the Google Chrome Browser. When using any other platform, other than our iOS mobile applications, please make sure you are using the Google Chrome Browser on your laptop(s) of choice to access www.KrossKast.com. We do not recommend using Safari. If you still choose to use Safari you must enable “Auto-Play”. This can be found in Safari menu, Settings for this Website, Auto-Play. For best results, please use the Google Chrome Browser.
Hardware Requirements (Full OS: Mac, Windows or Linux):
If you are using a laptop to stream our music service, your system must have the following minimum device requirements below to function properly.
Hard Drive: 32GB
Operating System Requirements (Full OS: Mac, Windows or Linux):
If you are using a laptop to stream our music service, please configure the following in System Preferences.
Browser: Install and use the Google Chrome Browser.
Energy Saver: Turn display off after (never)
Energy Saver, Battery: “Put hard disks to sleep when possible” (disable), “Enable Power Nap while on battery power” (disable)
Energy Saver, Power Adapter: “Prevent computer from sleeping automatically when the display is off” (enable)
Messaging and branding
Purchased in a Plan
Any produced promotional messages or branding purchased within our Exclusive, Elevate, or Enterprise Subscription Plan included at the time of purchase are to be produced one-time only, voiced by a standard KrossKast voice over talent, and not on any recurring or reoccurring basis.
Cost of Production – Standard Rates with Licensing
$100 for each messaging or branding element for use up to 100 locations (minimum purchase of 3). This includes voice-over(s), imaging and production of each message for a professional sound.
For any custom messaging/branding elements KrossKast produces in house, there will be a one-time fee of $500 each for the purchase of additional licenses that allows for use across 101 or more locations.
Rights Of Use
All voice over recordings, messages, and/or branding elements purchased at our Standard Rates, provide your company a “KrossKast License”, not 100% copyright ownership, that allows your company to use them as much as you want and for forever, provided that you are using them solely within our KrossKast music service. Any promotional message or branding elements produced and/or created within our establishment from or by our KrossKast talents, are non-transferable to any medium other than KrossKast, and cannot be used anywhere else except our KrossKast music service.
Purchasing Full Rights Of Use
Prices to own 100% of the copyright for any of our message or branding elements will not be found on this website. If you’re interested in 100% copyright ownership of any promotional messages or branding elements, please contact us for more information.
Talent Reserves Endorsement Rights
Any of KrossKast’s talent used to record and/or voice commercials, promotional messages, ads, branding (collectively, “Promotions”) will not be required to endorse the clients said Promotion by using their name, likeness or brand. All of KrossKast’s talent are strictly and only for use of “voicing” the client-scripts that our clients send to KrossKast.
If after a contractual term is over and you are choosing to delay the signing of another contractual term with us, it is extremely important that you contact us before the contractual term ends to hold the message or branding elements that we created for your company. Otherwise, any promotional or branding elements we created will be deleted if a contract is up and not renewed.
Playing Your Own Messages and/or Branding
If you have your own promotional messages or branding elements that you would like aired within your establishment via our KrossKast music service, we are happy to play them for you provided the following. Any promotional messaging, commercials, branding sweepers/jingles, or any audio elements whatsoever, that you submit to us, you are guaranteeing that you hold 100% ownership of the copyright(s) for any and all audio elements submitted and you fully indemnify KrossKast and hold KrossKast harmless against any and all legal issues, if such issues are to arise from using your audio elements.