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Music Licensing 101

Music Licensing 101 for Businesses (International)

Plain‑English overview for operators. This is general information, not legal advice.

1) What “public performance” means

If customers or staff in your premises can hear the music, that is a public performance and it usually requires permission from rightsholders. South Africa recognises the exclusive right “to perform the work in public” in its Copyright Act (SA Copyright Act 98 of 1978 – gov.za PDF: https://www.gov.za/documents/copyright-act-11-aug-1978-0000).

The same public‑performance concept is licensed to businesses in the UK via PPL PRS’s “TheMusicLicence” (PPL PRS: https://pplprs.co.uk/). In the USA, performance rights organisations such as ASCAP and BMI license public performance of musical works (ASCAP: https://www.ascap.com/help/licensing;

BMI: https://www.bmi.com/licensing)

In Australia, APRA AMCOS and PPCA license public performance, commonly via OneMusic Australia (APRA AMCOS: https://www.apraamcos.com.au/; OneMusic Australia: https://onemusic.com.au/).

2) The two layers in a recorded track

When you play a commercially released track you typically touch two separate copyrights:


• The song (composition, owned by writers and publishers). Examples: South Africa – SAMRO licenses to businesses (SAMRO “Who needs a licence”: https://www.samro.org.za/music-users/); UK – PRS for Music covers the song layer within the PPL PRS framework (PRS: https://www.prsformusic.com/); USA – ASCAP/BMI license song performances (ASCAP: https://www.ascap.com/help/licensing; BMI: https://www.bmi.com/licensing); Australia – APRA AMCOS licenses this layer, often via OneMusic (APRA AMCOS: https://www.apraamcos.com.au/; OneMusic: https://onemusic.com.au/).
• The sound recording (the specific recorded performance, with performers’/producers’ related rights). Examples: South Africa – SAMPRA licenses public performance of recordings for its repertoire (SAMPRA “Music Users”: https://www.sampra.org.za/music-users/). UK – PPL represents recordings and, with PRS, sells TheMusicLicence through PPL PRS (PPL: https://www.ppluk.com/; PPL PRS: https://pplprs.co.uk/). USA – there is no general federal public‑performance right in sound recordings for on‑premise venue playback, but there is a limited right for digital audio transmissions under 17 U.S.C. §114 (Cornell Law: https://www.law.cornell.edu/uscode/text/17/114; CRS overview PDF: https://crsreports.congress.gov/product/pdf/RL/RL33631). Australia – PPCA licenses recordings, often via OneMusic (PPCA: https://www.ppca.com.au/; OneMusic: https://onemusic.com.au/).

If music is copied or stored for playback, mechanical rights can be triggered. In South Africa, CAPASSO administers many mechanical licences (CAPASSO: https://www.capasso.co.za/). In the EU, Directive 2014/26/EU regulates collective management and multi‑territorial licensing for certain online uses (EUR‑Lex: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0026).

3) Music with video or screens

Pairing music with visuals such as menu boards, adverts, social videos, or in‑store TV usually requires synchronization (sync) permission from the song owner and, if you use the original recording, a master licence from the recording owner. Introductory explainers: ETB Law sync overview: https://www.etblaw.com/resources/what-is-synchronisation-rights/; Cornell library guide on master use: https://copyright.cornell.edu/fair-use-guidelines/permissions-and-licensing.

4) What is generally legal vs not legal

Generally legal when done correctly:
• Playing music under the correct business licences, obtained directly from the relevant collecting societies in your country, or from a provider that explicitly covers the necessary rights in your jurisdiction. Examples: South Africa – SAMRO (https://www.samro.org.za/), SAMPRA (https://www.sampra.org.za/), CAPASSO (https://www.capasso.co.za/); UK – PPL PRS (https://pplprs.co.uk/); Australia – OneMusic (https://onemusic.com.au/).

Generally not legal:

• Using personal streaming accounts in a business. Consumer services are for personal, non‑commercial use and not for public performance (Spotify support: https://support.spotify.com/us/article/spotify-in-public/).

5) Rights your content provider must hold and usually pays for

These costs are normally bundled into what you pay the provider, but the underlying rights must exist and be documented:
• Public performance of musical works (examples: SAMRO – https://www.samro.org.za/; ASCAP – https://www.ascap.com/help/licensing; PRS via PPL PRS – https://pplprs.co.uk/; APRA AMCOS/OneMusic – https://www.apraamcos.com.au/ / https://onemusic.com.au/).
• Public performance of sound recordings / related rights (examples: SAMPRA – https://www.sampra.org.za/; UK PPL PRS – https://pplprs.co.uk/; Australia PPCA/OneMusic – https://www.ppca.com.au/ / https://onemusic.com.au/; USA digital transmission right – 17 U.S.C. §114 – https://www.law.cornell.edu/uscode/text/17/114).
• Mechanical/reproduction where tracks are cached or copied to devices/servers (CAPASSO – https://www.capasso.co.za/; EU Directive 2014/26/EU – https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0026).
• Communication to the public / making available for streamed transmission models and network delivery (SA Copyright Act framework – https://www.gov.za/documents/copyright-act-11-aug-1978-0000; EU Directive 2014/26/EU – https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0026).
• Synchronization (sync) when music is paired with visuals (ETB Law explainer – https://www.etblaw.com/resources/what-is-synchronisation-rights/).
• Master use if the original recording is used in AV (Cornell guide – https://copyright.cornell.edu/fair-use-guidelines/permissions-and-licensing).

6) Every possible right you might encounter in business music

7) Why you may see more or new CMOs contacting you over time

Accreditation and market structures can evolve. South Africa accredits and renews collecting‑society mandates within its copyright and performers‑protection framework (DTIC overview: https://www.thedtic.gov.za/). The EU sets governance rules for collective management that can affect who licenses which rights across borders (Directive 2014/26/EU: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0026). In the UK, PRS for Music and PPL operate through PPL PRS for business licensing (PPL PRS: https://pplprs.co.uk/). In Australia, APRA AMCOS and PPCA consolidated most business licensing under OneMusic, which continues to refine sector schemes (OneMusic: https://onemusic.com.au/). In the USA, PROs and the statutory framework around digital transmissions of recordings influence industry practice on who collects for which use (ASCAP: https://www.ascap.com/help/licensing; 17 U.S.C. §114: https://www.law.cornell.edu/uscode/text/17/114).

8) Region snapshots

United Kingdom — Public performance of songs and recordings for businesses is licensed via PPL PRS; PRS and PPL roles are combined for TheMusicLicence (PPL PRS: https://pplprs.co.uk/; PRS: https://www.prsformusic.com/).
European Union — Directive 2014/26/EU governs collective management and multi‑territorial licensing for online uses of musical works (EUR‑Lex: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0026).
United States — PROs such as ASCAP license public performance of musical works to venues. Federal law grants a public‑performance right in sound recordings only for digital audio transmissions, not for on‑premise venue playback of recordings (ASCAP: https://www.ascap.com/help/licensing; 17 U.S.C. §114: https://www.law.cornell.edu/uscode/text/17/114; CRS: https://crsreports.congress.gov/product/pdf/RL/RL33631).
Australia — APRA AMCOS and PPCA jointly license most business uses via OneMusic Australia (APRA AMCOS: https://www.apraamcos.com.au/; PPCA: https://www.ppca.com.au/; OneMusic: https://onemusic.com.au/).
South Africa — SAMRO for musical works, SAMPRA for recordings, CAPASSO for mechanicals (SAMRO: https://www.samro.org.za/; SAMPRA: https://www.sampra.org.za/; CAPASSO: https://www.capasso.co.za/).
Consumer streaming reminder (all regions) — personal subscriptions do not grant public performance rights in business environments (Spotify support: https://support.spotify.com/us/article/spotify-in-public/).

9) Documentation habits for operators

Map your uses, match each use to rights, prohibit personal streaming on site systems, and retain copies of licences and invoices for audits. Region‑specific frameworks and society explainers above outline the scope (SA Copyright Act: https://www.gov.za/documents/copyright-act-11-aug-1978-0000; PPL PRS: https://pplprs.co.uk/;

ASCAP: https://www.ascap.com/help/licensing;

APRA AMCOS / OneMusic: https://www.apraamcos.com.au/ / https://onemusic.com.au/).

10) How Fully Licensed Music simplifies this

When you use Fully Licensed Music, all of the above complexity is removed for the tracks in our catalogue, because we are the sole copyright holder for our repertoire used in your business. No third party is authorised to collect royalties on our behalf for that repertoire. Coverage applies when venues only play Fully Licensed Music in the relevant zones, since mixing in third‑party tracks reintroduces third‑party rights. Program statement.

This is not legal advice, and is intended as a general overview.

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