They are, but their agreements do not authorize performances by means such as TV, cable, and radio to the public by businesses and other organizations using a single receiving apparatus of a kind commonly used in private homes. Certain public performances by means of radio and TV only are specifically addressed in Title 17, Section 110(5)(B) of the U.S. Copyright Law which states that any food service or drinking establishment that is 3,750 gross square feet or larger, or any other establishment other than a food service or drinking establishment that is 2,000 gross square feet or larger, must secure public performance rights for use by TVs or radios if any of the following conditions apply:

• For TV, if the business is using:
1. more than four TVs; or
2. more than one TV in any one room; or
3. if any of the TVs used has a diagonal screen size greater than 55 inches; or
4. if any audio portion of the audiovisual performance is communicated by means of more than six
loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or
5. if there is any cover charge, admission fee, membership fee or similar charge.

• For radio, if the business is using:
1. more than six loudspeakers; or
2. more than four loudspeakers in any one room or adjoining outdoor space; or
3. if there is any cover charge, admission fee, membership fee or similar charge; or
4. music on hold.