Music licensing 101 for businesses
Did you know that if you play music that is protected by copyright in your business, (whether you’re a bar, restaurant, retailer or fitness studio) without a licence or permission you risk infringing the copyright?
Many Australian businesses are unaware that almost all commercially-available music is protected by copyright and playing that music comes with legal obligations under the Copyright Act 1968.
These obligations apply no matter whether that music is played from:
- from a radio or on TV
- a CD or a music download
- a background music supplier
- a music streaming service
How do I get a licence to play copyright-protected music in my business?
OneMusic is a joint music licensing initiative between the Australasian Performing Right Association (APRA), the Australasian Mechanical Copyright Owners Society (AMCOS) and the Phonographic Performance Company of Australia (PPCA).
Prior to OneMusic, APRA AMCOS and PPCA issued separate music licences to business, so in 2019 OneMusic was established to simplify that process and make it easier for businesses and individuals to legally play music at their business, event or venue.
OneMusic not only gives businesses the ability to legally play the vast majority of the world’s most popular music, it also ensures businesses remain compliant with Australia’s copyright laws when they do so. Even if music is played from a paid digital music streaming service or through YouTube, the radio, or a CD, a business will still need to pay for a music licence for the public performance of that music.
You can easily obtain the correct licence by using the licence selection tool.
A music streaming subscription is different to a music licence.
Subscribing to a music streaming service (paid or free) or even just turning on the radio doesn’t automatically give you the legal right to play that music in your business. The most popular streaming services that most of us use every day are only for our personal use (take a look at your music streaming service’s Terms of Use to see this in play).
More importantly, to play music that is protected by copyright ‘in public’ (that is, in your business), you need to get permission from the owners of the copyright in that music.
When your business has a OneMusic licence, you have the right to play the vast majority of popular and well-recognised music from around the world.
Where does the money from licence fees go?
All money generated from OneMusic licences goes back to music creators as ‘royalties’ from APRA AMCOS and PPCA, minus administration costs.
APRA AMCOS reported that 62,000 of their members earned royalties in the last financial year, much of that from licence fees paid by OneMusic’s customers.
How does OneMusic know what music I play to pay the music creators?
OneMusic keeps track of what music is being played in Australia from data regularly drawn from radio and television stations, live performance reporting, streaming services, music recognition technology, like Audoo, and from background music suppliers.
Licensed businesses also have the option to install an Audoo Audio Meter for free. It’s a small plug-in device that recognises music played at your business. It ‘fingerprints’ songs and that data plays a role in helping to accurately get royalties to the creators of the music actually played.
What happens if I play copyright-protected music in my business without a licence or permission?
Playing music that is protected by copyright in a business without permission is likely to be an infringement of copyright, which could lead to legal action and significant costs to that business.
A court proceeding can result in your business having to pay, not only the licence fees that would have applied, but additional costs such as ‘damages’ and legal fees.
What are my options to play music that wouldn’t need a OneMusic licence?
If you want to play music in your business, and would rather not take out a OneMusic licence, there are a few options.
For more information on music licensing for your specific industry, check out OneMusic’s licensing page.
