Music & Copyright

Music & Copyright 2017-06-01T13:06:11+10:00

If you have

  • Live music performed
  • Music played on CDs, an iPod, the radio or
  • Television playing

in your business to the public, you will probably need licences from both APRA and PPCA.

Owning a physical, real CD does not mean you can lawfully play it in your hospitality business.

How Whites Legal can help:

  • Explaining copyright in music and how it’s used in your business
  • Advising on the need for APRA and PPCA licences
  • Negotiating with APRA and PPCA
  • Defending businesses being sued by APRA and PPCA

Why both an APRA-AMCOS and PPCA licence?

These are different parts of the copyright in the music playing.

How much does it cost?

  • APRA fees are based on type of business, number of songs copied and number of devices playing music.
  • PPCA fees are based on type of business, number of nights open, floor area or capacity, and whether the music is background or foreground music.

A 40 seat licensed restaurant can expect to pay up to around $4,000. The majority of that is paid to PPCA.

Any alternatives to paying PPCA and APRA?

Rights-included music

  • There are some out there, like Moo Music.
  • Bear in mind that most major labels have signed up with APRA and PPCA. Don’t expect to get top 40 artists without getting licences from APRA and PPCA.

Complimentary licence

Playing the radio

  • Still not entirely off the hook. Playing the radio in your business doesn’t require a licence from PPCA, but still requires a licence from APRA.

What happens if you’re not paying APRA/PPCA and get caught

[2010] FMCA 593.
  • Jukebox in a bar in Ballarat. Almost $40,000. PPCA & Ors v Camilleri [2012] FMCA 147.
  • Clothing store in NSW. Around $40,000. PPCA Limited & Ors v Jabouri Brothers & Ors Pty Ltd [2011] FMCA 799.
  • Live music

    • APRA fee may be required. Ask APRA: it will depend on whose music and lyrics. Annual fees 2.2% of how much was spent on live-artist performers, plus 1.65% of ticket sales, with a minimum annual fee of $27.50.
    • No PPCA fee as there’s no recording involved.

    Let’s get you started

    Contact us by email
    Call us on 1300 797 512