Legal Definitions - Aiken exemption

The Aiken exemption is a specific exception within U.S. copyright law that allows certain small retail businesses to play standard radio or television broadcasts for their customers and employees without needing to obtain a separate public performance license for the music or other content being broadcast.

This exemption applies only if the retail establishment occupies less than 2,000 square feet of space. It acknowledges that very small businesses playing typical broadcasts for background ambiance or general information are unlikely to significantly harm the copyright holders, and requiring them to obtain licenses would be overly burdensome.

Here are some examples illustrating the Aiken exemption:

• Small Coffee Shop: Imagine "The Daily Grind," a cozy coffee shop that measures 1,500 square feet. The owner keeps a radio tuned to a local pop music station playing softly in the background for both the baristas and the customers. Because "The Daily Grind" is under the 2,000 square foot limit and is playing a standard radio broadcast, it would likely fall under the Aiken exemption. This means the coffee shop does not need to pay additional licensing fees to organizations like ASCAP or BMI for the public performance of the music played on that radio station.

• Neighborhood Barbershop: Consider "Sharp Cuts," a barbershop that occupies 1,200 square feet. In the waiting area, there's a television set continuously tuned to a sports channel, allowing customers to watch games while they wait for their haircut. Since "Sharp Cuts" is well within the 2,000 square foot size limit and is playing a standard television broadcast, the Aiken exemption would apply. The barbershop would not be required to secure a separate public performance license for the sports programming shown on its TV.

• Boutique Clothing Store: A small women's clothing boutique called "Chic Threads" has a retail space of 1,800 square feet. They have a small television mounted in a corner, which is usually tuned to a cable news channel. This provides some background noise and allows employees to stay informed, and customers might glance at it occasionally. As "Chic Threads" is below the 2,000 square foot threshold and is playing a standard television broadcast, it would benefit from the Aiken exemption, avoiding the need for a specific public performance license for the news content.