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?
- APRA (Australasian Performing Rights Association) concerns copyright in music and lyrics
- PPCA (Phonographic Performance Company of Australia) concerns copyright in the actual recording
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
- You can get a complimentary licence from APRA.
- Don’t get excited. It’s effectively limited to allowing you to play music BOH or in the kitchen.
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
- Queensland nightclub ignored requests from PPCA to get a licence, then ignored PPCA’s warnings and offer of settlement. Around $250,000. PPCA Ltd v All Girls Entertainment Pty Ltd & Ors
[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.