If a venue is playing music, it is highly likely a music licence is necessary. Permission to play music protected by copyright is a legal requirement in any business.
Highlights:
- Under Federal law venues playing music need to have permission/a music licence
- A paid music streaming service is not the same as permission/a music licence.
- Legal action is possible if you infringe the rights of copyright holders (the music creators)
Who is OneMusic?
OneMusic Australia issues licences to play songs heard on radio, TV, music-streaming services, etc. on behalf of songwriters and composers (who belong to the membership organisation APRA AMCOS) and recording artists and record labels via PPCA).
Licence fees form royalty income which are paid out directly to music creators. Through arrangements with sister societies around the globe, OneMusic represents the vast majority of worldwide music.
Why do venues need a licence?
- It’s Federal law under the Australian Copyright Act (1968).
- The venue is required to hold the licence as the venue is the entity authorising the music being played.
- A licence helps protect from infringement
- Respect. Musicians are businesses too, and they need to be remunerated for their work/product.
Licensing options
- Purchase a blanket licence from OneMusic, giving you legal access to the majority of popular music worldwide.
OR
- Ask the music creators for permission for each piece of music you play and pay them directly, one by one (a time consuming and near-impossible task)
- Only play royalty-free music. It’s often difficult to determine what music really is royalty free. Royalty free can be limited and does not have the same positive affect on your staff and customers.
Doesn’t my music streaming service cover music licensing in my venue?
Subscribing to a music streaming service, (paid subscription or free) or engaging a background music supplier is not the same as having a music licence.
Digital music (streaming) services simply provide the music, but not the licence to play to the public.
In fact, the streaming services most of us use every day is for our personal use. Take Spotify, for example, this is clearly stated in their Terms and Conditions.
OneMusic customer Song Kitchen, in Sydney’s CBD
Background music suppliers
Some businesses use a background music supplier to supply curated playlists designed for their venue. It is important to note that they only cover reproduction and communication rights for the music, not the public performance right, which can only be held by the venue. That’s where OneMusic comes in.
Other suppliers employed by the venue, such as karaoke providers, DJs, and live performers do not hold their own OneMusic public performance licence.
This responsibility sits with the venue.
Licences can be tailored to your venue by OneMusic, based on:
- Background music, live music or featured music like karaoke
- Function spaces, nightclub-type areas or dining areas
- Radio, TV, streaming services, music on hold, music videos, music from a background music supplier, etc.
What happens if I don’t take out a licence?
When playing copyright protected works it is incumbent on a business to hold the appropriate OneMusic licence which in this case is the Dining agreement. Not having the appropriate permissions, in this case a OneMusic Hotels licence, constitutes an infringement of copyright which, if not rectified, may lead to legal action.
Based on an article by Ken Yardy, (Music Licensing for Hotels) AHA NSW, published in The Shout on 9 May 2024
