What is a public performance licence? Who needs it and why

Almost all popular music heard on TV, radio and streaming services is protected by copyright law. 

Copyright laws in Australia exist to protect the rights of copyright owners - to ensure their creative works are appropriately protected and valued. This is the same for music and music creators and thanks to the various industries that rely on music as an important part of their businesses, music licensing provides music creators with a steady stream of revenue so they can continue their creative work. 

The media, entertainment, hospitality, retail, and fitness industries are just a few examples of sectors that rely heavily on music to create atmosphere, increase customer satisfaction, and positively influence customer experience. 

However, not all businesses understand that the ‘public performance’ of music is also protected by copyright, which means that businesses need to get permission from the owner of the copyright in the music before they play that music in their business. Just because a business owner has paid for a streaming service or a CD, doesn’t mean that they are able to play that music in public without a ‘public performance’ music licence.

OneMusic is authorised to issue ‘public performance’ music licences on behalf of copyright owners for the vast majority of commercial music from around the world. 

What is ‘public performance’ of music?

The ‘public performance’ of music is when music is played in a public setting, such as a store or at an event.

The public playing of music that is protected by copyright usually requires the permission of the copyright owner of that music before it is publicly performed. A simple way to get that permission, especially when a business doesn’t know exactly what music it wants or is going to play, is to get a ‘blanket’ licence that grants the business the right to publicly perform music from a large repertoire of musical works and recordings of those works.

The fees collected by OneMusic from a OneMusic ‘public performance’ music licence is returned to the copyright owners as a royalty, minus the costs of administration.

OneMusic ‘public performance’ music licences

Since 2019, ‘blanket’ music licences for the public performance in Australia of musical works and recordings of those works are available through OneMusic - a licensing body that jointly represents the Australasian Performing Right Association (APRA), the Australasian Mechanical Copyright Owners Society (AMCOS) and the Phonographic Performance Company of Australia (PPCA).

Music licensing has value for the both the creators of music, as well as the businesses that are using that music for the benefit of their customers and staff. Restaurants, for instance, set the mood with music, and studies have shown classical music positively influences customers’ perception of wine and makes them spend more. Gyms, on the other hand, make use of music’s powerful motivational effects to improve exercise performance and decrease feelings of fatigue.

A ‘public performance’ music licence enables you to play music that is protected by copyright in a public setting. So, if you use recorded or live music at your business, it is very likely that you are ‘performing in public’. 

A ‘public performance’ music licence is designed for businesses that play music - such as gyms, bars, shops, dance schools, restaurants, cafes and clubs - as well as events where music is played, such as festivals, concerts, parades, exhibitions, markets, fairs, comedy shows and religious events. 

Who needs a public performance music licence?

In Australia, the playing of music in a commercial or business setting without the appropriate permission from the owners of the copyright in that music, can be an infringement of copyright, which can result in the imposition of significant court-ordered damages. 

So, anyone who publicly performs music – that is, plays music for a purpose other than their private and domestic needs – should get permission from the copyright owners of that music. 

A ‘public performance’ music licence provides that permission.

It’s a common misconception that when individuals sign up for a digital music service, like Apple or Spotify, they have already paid for the use of the music in their business. However, no matter where you have sourced your music from, or what you have paid for it, if you play that music publicly in your business then you will likely need a public performance music licence. Also, if you look closely, the terms and conditions of most popular streaming services state that the service is for “personal, non-commercial use” only and, therefore, should not be used for business purposes. 

OneMusic offers over 20 different types of public performance music licences, depending upon the type of music used and the nature of your business. If you’re unsure which one you need, read up on music licensing for different businesses, and the licensing portal to help you find the right licence. 

The importance of ‘public performance’ music licensing

Playing music in a business without an appropriate music licence risks infringing the copyright of the owners of that music. So, not only are artists denied hard-earned royalties, business owners can also find themselves paying significant damages for publicly performing music without permission. 

Businesses often need a range of licences to operate. Check the Australian Business Licence and Information Service (ABLIS) to learn more about what licences you may need for your business, including a ‘public performance’ music licence from OneMusic. 

Music licensing in the digital age

Digital streaming and online media have provided Australian consumers with finger-tip access to a vast amount of music of all different genres from across the world. However, the ability for most music creators to earn an income from their music is more difficult than ever.

So, it’s now more important than ever that businesses and organisations make a fair contribution for the benefit they receive from playing music in their business or at their events - music that enhances their customers’ experience, or drives sales, or even just provides a comfortable work environment for their staff. 

In short, a ‘public performance’ music licence will help you comply with Australian Copyright laws as well as support music makers. OneMusic provides a simple ‘one stop shop’ to acquire a ‘public performance’ music licence for the vast majority of the world’s repertoire if commercial music. 

How to get a licence

To learn more about music licensing, including how to get a ‘public performance’ music licence visit OneMusic’s FAQ section, or hit the below button to start the licence application process.