[DaughterOfAnIwoJimaVet]

Why don't the lawyers go after the band?

I don't imagine you'll find a lot of lawyers interested in suing a Top 40 cover band. Not much money in it, I'm guessing. It's the club that has to pay the fees to BMI and ASCAP, and if I'm not mistaken, that probably covers their canned house music, too.

[supercat]

...and if I'm not mistaken, that probably covers their canned house music, too.

There are two specific statutory exemptions from payment for house music:

• If a business has radios or television receivers that play broadcast material, and if the sound or picture from those receivers is not relayed to multiple speakers or screens, and if no admission is charged for the business, then no royalties are due to the providers of the radio or television content.
• A business which is a bona fide seller of prerecorded music may play for customers the recordings which it offers for sale, either on an individual basis or via a house sound system. I don't know what the exact requirements are to qualify as a seller of prerecorded music; I don't think a store has to sell nothing but music, but I don't think a bar that simply had an open offer to sell any of its CD's for $30 would qualify.