Copyright
If you would like to check the copyright status of any musical work, you can enquire via the APRA AMCOS Research Form.
In Australia, musical copyright law is governed by the Copyright Act (1968). The Act exists to ensure that people who make creative content (musical, literary or dramatic works, and sound recordings and films) are able to protect their content. It grants music creators and copyright owners a number of exclusive rights.
When a musical work (the written song) is committed to a physical form, such as a musical work sheet, or when a recording or film is made, the owners of the copyright in that music, recording or film are automatically granted a number of exclusive rights that allow them to control how that material can be used.
These rights include the right to:
So, if someone uses copyright-protected content without permission or a licence from the copyright owners, that person is infringing the owner’s rights.
When a song is written, the songwriter or composer is the copyright owner of the work.
In Australia, the protection that copyright provides lasts for 70 years beyond the death of the ‘author’ – which, for musical works, means the songwriter or composer. So, copyright-protected content can continue to require licensing, and to receive royalties, for more than 70 years after it was first created or, for a recording, the date it was first released in Australia.
After 70 years, a musical work will then pass into what is called the “Public Domain”, which means that the work can be used without permission or a fee. However, if someone makes an arrangement of a work in the “Public Domain” (e.g. a version of the 1812 Overture for the ukulele) then that particular arrangement is protected by copyright and the arranger will be the copyright owner.
If you would like to check the copyright status of any musical work, you can enquire via the APRA AMCOS Research Form.
For more information on copyright duration, check this fact sheet by the Australian Copyright Council.
You can use a musical work that is protected by copyright, provided you first obtain PERMISSION from the copyright owner for that use. You CANNOT simply credit them.
One of the most common myth relating to music copyright is “as long as you only use a small portion of a song, you can use it for free”.
This is not correct. The reality is that even the use of a small portion, especially if the playing of the excerpt is identifiable, requires a licence.
Copyright infringement occurs when content is used by someone for a commercial or business purposes without first obtaining the permission from the owner of that copyright.
In Australia, section 31 of the Copyright Act (1968) provides a number of rights to the owners of the copyright (usually the creator) and an infringement of those rights occurs when the copyright-protected material, such as music, is used before permission has been sought and granted from the owners of that copyright.
So, if you play music in your business from a CD player or digital music streaming, or even a television or radio, permission or a licence is required.
The copyright owners of music are the people that created the music. For musical works (the written songs), this is the songwriters and composers and sometimes their music publishers. For sound recordings, the copyright is owned by the makers of those recordings, which is usually the record companies and sometimes the artists themselves.
As OneMusic represents the rights of songwriters and music publishers through APRA AMCOS and the rights of record companies and artists through PPCA, a OneMusic licence provides permission from copyright owners for the use of the vast majority of the world’s repertoire of commercial music. Read more.
Licensing
A business will need a licence whenever our music is performed or played in that business.
Most OneMusic licences are annual and will renew automatically each year. You will need to let us know if anything changes, so we can update your music use details. This will ensure you are always appropriately covered for the way you’re using music in your business. Most of our event licences are issued on an event-by-event basis.
You can choose to pay your licence fees on a monthly or annual basis.
If you are paying us through automated annual or monthly payments, you can terminate on 5 days’ notice if you no longer need our licence (that is if you cease to use our music). If you are paying quarterly, then you can terminate on 1 month’s notice. OneMusic licences are not transferrable, so, if you have taken over a business, or changed your Australian Business Number (ABN), then a new OneMusic licence would be required.
Anyone starting a new business should contact OneMusic if their intention is to play our music to customers. Your OneMusic licence should commence from when your business starts using our music. If you have only recently been made aware that your business requires a licence to use our music, you should apply for a OneMusic licence immediately.
When live music that is controlled by APRA is performed live, the venue or premises where that performance is occurring will need to have permission from all the copyright owners of the musical works (that is, the written songs) performed, and if the performance includes musical recordings (for instance, a DJ), then permission will also be needed from the owners of the copyright in those recordings.
While a OneMusic licence provides that permission for the vast majority of the world’s repertoire of music, the writer of musical works and the owners of musical recordings are able to themselves ‘directly license’ those performances.
If the songwriters are members of APRA, then before they can ‘directly license’ their music to, say, a venue operator, they first have to get their performing rights back from APRA (this is called a ‘Licence Back’). They will also need to ensure that they get the consent of any co-writers, or music publishers who may have an interest in any of the works they will be performing. Any businesses wanting to ‘directly license’ live performances of music, should ask the performers to ensure they are able to give the businesses those rights, including to get a “Licence Back” from APRA for music written by APRA members. If there is recordings used in a performance (for example, if the performer is a DJ) then a direct licence for the use of that recording needs to also be obtained. While, in some cases, a performer may own the rights to the recordings they are using, in most cases, the copyright owner will be the record label and there may be more than one you need to deal with.
Each location needs to be licensed by OneMusic. You can do this in one of two ways.
1. Take out an individual licence per location.
2. Take out a ‘head office’ licence and license them all under the one account.
Buying music, subscribing to music services, or turning on a radio or TV, does not provide the rights to perform or play that music in a public setting, including playing to customers or staff in a business (that is, a ‘public performance’). A ‘public performance’ is deemed to be a performance of music outside a private or domestic setting (for instance, at home or in a private car).
Almost all ‘public performance’ of copyright-protected music requires permission, no matter where that music is sourced from. Whether you are playing from a CD, a digital download, a radio, TV or digital streaming service, if it is a ‘public performance’ of that music, then a OneMusic licence will likely be needed.
Also, if you look at your music streaming service’s Terms of Use, you will see that those services are usually only for your personal use and, therefore, should not be used in a business setting.
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.
OneMusic obtains performance information where it is reasonable to do so. It would be unreasonable for us to require a small business like a fitness centre to report every song they play. Where we don’t ask for music use information, we distribute licence fees to proxy (representative) sources such as radio airplay, personal digital music services, television broadcast logs, ARIA chart data and from music recognition technology.
Read more about where the money goes and how data for distribution is collected.
Yes. Music on free-to-air TV or radio played in your business is a public performance of that music and protected under the Copyright Act. So, if music is played in a business from TV or radio, it needs permission from the copyright owners. A OneMusic licence provides this permission for ten vast majority of the world’s repertoire of music.
The performance of sound recordings when played from radio or TV broadcasts does not need to be separately licensed, so deductions are available where radio or TV is the only music source you use at your business.**
** This doesn’t apply if the radio being played is through an online source, such as Tune-in, Sonos or a broadcaster’s app. Likewise, if a TV is playing from digital sources.
All businesses that use our music should be licensed. If you believe that a business is using music without permission or a licence, please let us know.
Our Agreements give customers the choice of selecting Partial Rights Music.
In our experience, very few customers are eligible for Partial Rights Music and select this in error.
You can only select 'Partial Rights Music' for one of two reasons:
1 - You honestly do not use PPCA Sound Recordings in your business, ever OR
2 - You honestly do not use APRA & AMCOS musical works (songs) in your business, ever.
The overwhelming majority of businesses we liaise with need a licence for both of the above when they play commercially released recorded music.
To select 'Partial Rights Music' you are stating that you either have a specific arrangement/permission in place for all your music or you only have a specific, narrow type of music.
It pays to double-check
Make sure you are properly licensed for your music use and reduce risk of infringing copyright by closely reading the above.
If you have a licence in place and your coverage needs to be updated in any way, including revising your licence to include the use of both musical works and sound recordings, just let us know.
OneMusic was established 2019 and is joint music licensing initiative between APRA, AMCOS and PPCA. Prior to 2019, businesses in Australia would have had to take out a licence with APRA AMCOS and another one with PPCA to ensure they were covered for both the musical work and the sound recordings of those works music cover.
A OneMusic licence covers the rights for both APRA AMCOS (musical works) and PPCA (sound recordings), which means there is no need for separate licence applications and payments.
OneMusic licences are calibrated to ensure that they cover the type of music uses that are typically required for a range of industries and businesses. OneMusic currently offers around 30 different licence types, from background music used in retail stores to music performed in fitness classes, nightclubs, bars and live music venues.
In most cases, the rates that apply to OneMusic’s licensing categories can be separated out to ensure that only the rights actually used by a licensee are charged for. For instance, if a licensee does not require the rights to perform sound recordings that are controlled by the Phonographic Performance Company of Australia (PPCA), they can opt to only pay for the rights to the musical works (that is, the written songs). We call this a “Partial Rights Deduction”. The reason that the musical recording rights might not be needed may be because the licensee knows that all the music they play comes from recordings that are not protected by copyright in Australia (what is often called “PPCA-free” music). OneMusic also offers licensing categories that are designed and priced on the basis that no licence for sound recordings is needed, for instance if the business only plays background music from broadcast radio or TV, or if a live performance is using only live instruments.
Very small businesses (a business that employs fewer than 20 people) can obtain a complimentary music licence from OneMusic that will allow them to play background music in their business, provided it is being played from a single broadcast radio or TV and it is only audible by staff. If you believe you are eligible for the complementary licence, then you can download the form using this link (PDF 132bk).
A OneMusic licence covers the use of musical works represented by APRA AMCOS and sound recordings and music videos represented by PPCA, depending upon the type of cover you require.
While the music that a OneMusic licence will allow you to use is extensive, covering the vast majority of the world’s repertoire of popular music, some music does not require our licence:
OneMusic does not licence the use of musical works when performed in a “Dramatic Context” (for instance, a performance of music with a storyline), or the performance of works that are Grand Rights Works” (such as, those expressly written for operas, operettas, ballets etc...). To use music in this way, you will need to get permission directly from the rights holder. APRA AMCOS can assist in researching who you need to liaise with.
If you believe you may not require a licence from OneMusic, or are entitled to a partial rights deduction, please feel free to contact us at [email protected].
Why do I need a music licence
If you play music protected by copyright out loud in a public place for a commercial purpose such as a shop, a gym or a bar you need permission or you need to purchase a music licence. Legally this music use is different to playing music at home or in your car. This is called public performance of music. Read more.
Music licence costs depend on your business type, music devices and whether the music is protected by copyright. If you use the radio and you are a small shop the cost will be much, much smaller than if you are running a multi-purpose theatre. To find out how much your licence will be, select your licence type from our list of industries, and find the info guide on that page for a list of pricing examples.
Your business can legally play music protected by Copyright by getting permission first. Permission can be from OneMusic Australia in the form of a licence for millions of songs in its catalogue, from the artists themselves for every song, through a background music supplier or other means. You need permission or a licence when your stream music in your business. Find out more.
If you want to play and enjoy the use of virtually any commercially released music from anywhere around the world, you should immediately enter into a OneMusic Australia licence, because using OneMusic Australia’s music without a OneMusic Australia licence can constitute an infringement of our copyright which, if not rectified, may ultimately lead to legal action.
Of course, we will happily talk with you about your music licensing and certainly provide a reasonable time frame for you to take out a licence before escalating the matter any further.
But, if our music continues to be used without permission, then we will be left with no option but to enforce our rights on behalf of our members and affiliates, which could involve court proceedings. Such action may result in the business having to pay the licence fees as well as other damages and legal costs.
Over 95% of businesses and organisations that we deal with are readily compliant.
Read more: https://onemusic.com.au/news/whats-the-fine-for-playing-music-without-a-licence
OneMusic does not generally licence individual or group live performers such as bands and DJ's. It is the venue or the event organiser who needs to obtain a licence for public performance.
Performers may still need permission for copying
A performer may require licensing for any reproductions they are considering such as photocopying sheet music, videoing their performance, copying CDs onto a laptop.
DJ Alliance have signed an agreement with ARIA and AMCOS to cover their physical and digital copies of music. This agreement covers their members starting from 1 July 2019.
Outside this arrangement:
Reproduction, Domestic Video Licence & Online queries
ARIA Reproduction Licence queries
PPCA Webcast licensing queries
OneMusic licenses performers who are part of a Community Music Group.
Background Music Suppliers
Background Music Suppliers provide music to their clients to play in their businesses. Sometimes the music is provided in physical formats like digital drives or on CDs, and other times it is delivered electronically. Often, the music playlists that Background Music Suppliers use are carefully selected to target the lifestyle and tastes of their clients’ customers.
These services offer the most sophisticated option for the playing of background music in a business because the music is programmed by a professional who is able to match music with your customer base, even down to parts of the day where your customers change (or their mood does). The music these services deliver is also regularly updated.
While Background Music Suppliers provide their clients with the right music to play for their customers, those clients still require permission for that music to be ‘publicly performed’. That is, if a Background Music Supplier is providing a client with copyright-protected music, then the client will also need the permission from the copyright owners before they can legally perform that music in their business. Some background music suppliers even include a OneMusic licence as part of their package.
Read more about Background Music Suppliers, including a list of suggested suppliers.
If your Background Music Supplier is providing you with copyright-protected music, then you very likely need the permission from the copyright owners before you can legally perform that music in your business.
OneMusic can provide that permission for the vast majority of the world’s repertoire of popular and recognisable music. Your Background Music Supplier may already include a OneMusic licence as part of its service package.
Several Background Music Suppliers provide OneMusic with their music use data, so we can use that to provide more accurate distributions of licence fees to songwriters, music publishers and artists.
The most popular streaming services that most of us use every day are only for our personal use (take a look at your service’s Terms of Use). Subscribing to Spotify, or using any other music streaming service (paid or free), such as YouTube, doesn’t provide you with the legal right to play that music in your business.
Who is OneMusic?
OneMusic Australia is an APRA AMCOS and PPCA joint licensing initiative that was established in 2019.
OneMusic offers joint music licences to Australian businesses and organisations on behalf of the Australasian Performing Rights Association (APRA), the Australasian Mechanical Copyright Owners Society (AMCOS) and the Phonographic Performance Company of Australia (PPCA). OneMusic allows music users to more seamlessly meet their copyright obligations for the use of musical works, sound recordings and music videos in a public or commercial environment.
OneMusic is not a government body, but licences the use of music and collects licence fees on behalf of music creators in Australia and around the world. OneMusic appears on the Australian Business Licence and Information Service (ABLIS) website along with other licences that a business requires at start up.
OneMusic does not supply music. OneMusic licenses the rights to play the vast majority of the world’s repertoire of popular and well-recognised music in businesses around Australia, regardless of how that music is sourced (from CDs, LPs, TV or streaming services).
We give you the right to play the music you like in your business or at your event.
Read more about licensing your business for public performance.
No. OneMusic is a joint licensing initiative of APRA, AMCOS and PPCA and collects licence fees on behalf of those who create the music.
OneMusic cannot, and does not, issue fines.
While playing music in a business or at a public event without a licence may result in a legal action for infringement of copyright, the amount of damages that a court may impose for that infringement differs. Previously, the court has imposed damages costing 10 or 15 times the cost of the original licence fees.
OneMusic provides the permission to play the vast majority of the world’s repertoire of commercial music in a business or other public setting.
APRA AMCOS is a trading name of two separate membership organisations, APRA and AMCOS.
APRA AMCOS holds the rights for the live performance, broadcast, communication, public playing and reproduction of its members’ musical works. APRA AMCOS distributes the net licence fees its collects, including those collected from OneMusic licences, to its many thousands of songwriter, composer and music publisher members and affiliated societies worldwide.
PPCA holds the rights for the broadcast, communication or public playing of recorded music (such as CDs, records and digital downloads or streams) and music videos.
PPCA then distributes the licence fees it collects, including those collected from OneMusic licences, to its licensors (generally record labels) and registered recording artists.
ARIA means Australian Recording Industry Association in Australia.
ARIA Sound Recordings means the sound recordings controlled by ARIA listed which are listed on the ARIA website, the rights for which ARIA has authorised OneMusic Australia to administer.
OneMusic Australia is the joint licensing initiative between APRA AMCOS and the PPCA for licensing of businesses and organisations operating in Australia.
OneMusic NZ is the joint licensing initiative between APRA AMCOS and Recorded Music NZ (RMNZ) for licensing of businesses and organisations operating in New Zealand. RMNZ represent record labels and recording artists for the public performance of sound recordings in New Zealand.
Dance and Syllabus
Organisations that provide syllabus music where the work and/or the sound recording is protected by copyright pay a fee to reproduce the music onto a CD, digital file, or other media as part of their business.
As those organisations are the ones reproducing the music, the onus is on them to make sure the appropriate rights for that reproduction are cleared.
A separate right is the PUBLIC PERFORMANCE right, that is, the right to play that music as part of your business. For any business that plays music that is protected by copyright in a public performance – for example a dance school, a shop, a bar, a venue for hire, or a gym – the onus is on them to make sure the appropriate rights for that public performance are cleared.
According to their Terms of Use, the digital music services that most of us use at home may only be used for personal and domestic purposes. However, whatever the source of the music used at your dance business, if you use OneMusic Australia’s music then you’ll still need a licence from OneMusic to play it in your business.
In addition, if you copy OneMusic Australia’s music, for instance from one CD to another, or you stream it from a personal digital music service, then you’ll also need coverage called “Digital Copy/Delivery".
You should be aware that a OneMusic Australia licence, even when it includes Digital Copy/Delivery only gives you permission to use our music in your dance business (or dance event); it does not override the Terms of Use for the personal digital music service you are using, nor does it give you permission to use that particular digital music service for a commercial purpose – that permission can only come from the owners of that digital music service.
Even with our licence, the use of digital music streaming services by you in your dance business may be in breach of the terms and conditions of your end user agreement with that service. You should check with your service provider.
You may be better to consider a commercially licensed digital music service. We have compiled a list of these music services in the Background Music Guide.
You will require the Audio Recording/Digital Package if you download or access our music for your business from a non commercial digital music service.
You should be aware that a OneMusic Australia licence, even when it includes Audio Recording/Digital Package only gives you permission to use our music in your business; it does not override the Terms of Use for the personal digital music service you are using, nor does it give you permission to use that particular digital music service for a commercial purpose – that permission can only come from the owners of that digital music service.
Even with our licence, the use of digital music (streaming) services by you in your business may be in breach of the terms and conditions of your end user agreement with that service. You should check with your service provider.
You will also need a licence from us that includes Audio Recording/Digital Package if you make any physical or digital copies of our music (such as copying one CD to another, or copying a digital download file).
By choosing Audio Recording/Digital Package, you are entitled to copy up to 2,000 music tracks. You do not need to include Audio Recording/Digital Package in your licence if you are only playing our music from original CDs that you have bought (and not subsequently copied) or you’re playing our music from a commercial background music service (see a list of background music services is available here backgroundmusicguide.com.au).
Depending on your use of our music and the arrangements the background music service has with OneMusic Australia, you may not need to get a licence directly from OneMusic Australia. Your background music service provider may already include a OneMusic Australia licence as part of its service package. Check either with us or your commercial music supplier to confirm.
Under OneMusic Australia’s Dance and Performance Instructors and Dance Schools licence, we calculate fees for “Audio Recording/Digital Package” at per-student rate, using the average number of students you have enrolled in a year.
You do not need to include Audio Recording/Digital Package in your OneMusic Australia licence if you are only playing our music from original CDs that you have bought (and not subsequently copied) or you’re playing our music from a commercial background music service such as “Apple Music for Business” or another background music provider.
Depending on your use of our music and the arrangements your background music service has with OneMusic Australia (or music creators directly), you may not need to get a licence directly from OneMusic Australia. Check with us or your background music supplier to confirm which permissions are included in your service.
If you are recording routines or performances with commercial music and posting those videos on social media, then you’ll need to ensure you have a separate ‘synchronisation’ licence for the use of that music in your video.
A ‘synchronisation’ licence is needed whenever music is used within an audio-visual production, such as a film, TV show, advertisement, video game, social media video etc.
Social media platforms such as YouTube do have licences with rights holders, but those licences DO NOT cover “synchronisations” made for commercial purposes.
So, if you use commercial music (you know, the music you hear on the radio) in your video and that video is placed on social media, then it may be ‘taken down’ (that is removed) by the platform if it’s seen as being a video for commercial purposes, like promoting your dance school.
Getting a “synchronisation” licence for your video using commercial music is often expensive and difficult. However, you can “synchronise” music into your business videos with what’s known as “Production Music” or “Royalty Free” music. Production Music is a low-cost way to get music on your videos and when you play those videos on the vast majority of social media platforms the use is already covered by that platform’s licence, so you don’t need any additional licences (other than the initial “synchronisation” licence).
Events
In Australia if your organisation wants to publicly perform Bruce Rowland’s works you will need to obtain clearances direct from Bruce Rowland’s representatives by emailing [email protected] to seek a licence directly. This applies to any context of the use of his works other than showing films.
The list is available here and identifies those promoters who have Promoted Music Event blanket licences and account directly to OneMusic for all shows in their tours.
The full list of National Event Promoters can be found here.
If you are using music in a Dramatic Context at your event, a blanket licence from APRA or PPCA is not available. Dramatic Context means a presentation on the live stage that has a storyline and one or more narrators or characters.
Please be aware that biographical or tribute type performances that tell the story of an artist’s life will commonly be deemed to have a storyline and be Dramatic Context. Please refer to APRA AMCOS Music in a Dramatic Context information guide for more information.
Alternatives to OneMusic
APRA AMCOS receives an exclusive assignment (APRA) or an exclusive licence (AMCOS) from its members, which means APRA AMCOS members gives APRA AMCOS the exclusive rights to collect royalties on their behalf.
If you want to deal directly with an APRA AMCOS member, you will need to come to an agreement with the relevant music creators to use their works (songs) well in advance of the planned event/activity. There are often multiple contributors to a song and you must make sure that all parties with an interest in the song (such as any other writers or publishers) agree to the arrangement.
The APRA AMCOS member will need to submit an application to APRA AMCOS to arrange for a licence back or opt out, as appropriate. The financial arrangements are not relevant in this process and we will not ask you or the music creator to provide financial details of any direct licence.
Licence Back and Opt Out are explained in more detail in the Music Creators section of APRA AMCOS’ website under Managing your Rights.
If you want to deal directly with PPCA licensors, you can approach each of the individual rights holders directly to ask for their permission to use their sound recordings or music videos. PPCA receives a non-exclusive licence from its licensors and so there is no ‘licence back’ or ‘opt out’ process for sound recordings or music videos controlled by PPCA licensors.
Exactly as for musical works, this permission will need to be sought well in advance of the planned event/activity from all parties who control that sound recording or music video in Australia. In PPCA’s experience, the relevant sound recording copyright owner is often the record label which released the sound recordings and/or it may be the artists themselves if they have released the sound recordings and/or if they have retained the public performance rights in the sound recordings.
You may choose to deal directly with the individual rights holders as it suits you, for example if you want to use or commission a particular song as telephone on hold music or for live performances where the band plays all its own music.
In some very limited instances, you will need to deal directly with the individual rights holders such as if the proposed music use is at a political event or in a context which might give the impression that the musicians and/or recording artists are affiliated with your brand or business.
Read the guide on dealing direct.
Even if the music is free to use, the song itself or the recording of that song might still be
protected by copyright and playing that in your business without a licence can be a breach of copyright law. Also, while you may think that ‘royalty-free’ is a cost saving, finding high quality licence-free music that fits your venue can take a lot of time, and your options will likely be limited. Read more in our article about royalty free music.
If you are not sure if the music you want to use will require a OneMusic Australia licence, please feel free to contact us. Download our information sheet - Royalty-free music - What you need to know (PDF 250kb)
Where does the money go?
OneMusic distributes the licence fees it collects to APRA AMCOS and PPCA - the bodies behind the licensing initiative. After the deduction of administration and operational costs, all licence fees collected by OneMusic are distributed by APRA and AMCOS to their members and international affiliates, and by PPCA to its licensors.
Both APRA AMCOS and PPCA maintain their own distribution practices and policies, which are available online:
An important part of APRA’s and AMCOS’ Distribution Practices for OneMusic licence fees is the use of Music Recognition Technology (MRT). By using MRT, APRA AMCOS can help the creators of the music that is actually played get their royalties.
The Audoo Audio Meter is a small plug-in MRT device that recognises music played in the areas in which they are placed – for instance, a small bar or a retail space. The device fingerprints songs and sends that data to APRA AMCOS. There are a growing number of Audoo Audio Meters in businesses throughout Australia. To learn about how Audoo MRT works, and how to get one installed in your business, read more.
How to apply for a licence
Only the owner of the business can apply for a licence.
When applying for a OneMusic licence online, you will need the following information:
It depends on how you originally set up your account. Each location needs to be licensed by OneMusic. You can do this in one of two ways.
1. Take out an individual licence per location.
2. Take out a ‘head office’ licence and license them all under the one account.
If you already have a OneMusic licence but have since opened a new location, please contact us.
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