Music creates atmosphere, influences purchasing behavior and is an indispensable part of many business models – from retail to gastronomy to fitness studios. But anyone using music in a public or commercial space must comply with certain legal requirements. This article explains how music licensing works, which rights play a role and what you should look out for when choosing a music service.<\/p>\n
As soon as music is not only played in private, but also in public – i.e. is accessible to customers, guests or employees – copyright law applies. The composer, lyricist and performer of a piece of music has the exclusive right to decide on the use of their work and to receive remuneration for it.<\/p>\n
Exemplary usage situations:<\/strong><\/p>\n Background music in the store<\/p>\n<\/li>\n Music in waiting areas or elevators<\/p>\n<\/li>\n Radio playback in the restaurant<\/p>\n<\/li>\n DJ sets or live music in the club<\/p>\n<\/li>\n Music streams in the gym<\/p>\n<\/li>\n<\/ul>\n As a rule, three types of rights<\/strong> are relevant for the public performance of music:<\/p>\n Copyrights (composer & lyricist)<\/strong> Performance rights (performers & producers)<\/strong> Mechanical rights (for reproduction, e.g. storage or offline use)<\/strong> As a rule, you must secure the following licenses to ensure legally compliant sound reinforcement:<\/p>\n This license permits the public reproduction of protected musical works. The costs depend on the size of the room, the type of use and the number of playback points. Without this license, there is a risk of warnings and fines.<\/p>\n If you use a professional music service (e.g. for curated playlists or automatic music control), you also need a license from the respective provider. Important: A professional music service like DMD2 Music for commercial use:<\/p>\n\n
\n2. which rights are affected?<\/h3>\n
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These rights are represented by national collecting societies such as PRS (UK), GEMA (Germany)<\/strong>, SUISA (Switzerland)<\/strong> or AKM (Austria)<\/strong>.<\/p>\n<\/li>\n
These concern the rights of those who have recorded a piece of music – such as singers, bands or music labels. They are also represented by collecting societies (e.g. GVL in Germany).<\/p>\n<\/li>\n
These apply when music is stored locally or transferred to a device, which is relevant for music systems with an offline function, for example.<\/p>\n<\/li>\n<\/ol>\n
\n3. which licenses must a business operator obtain?<\/h3>\n
a) Performance license with the collecting society (e.g. SUISA, GEMA, AKM)<\/h4>\n
b) License with the music service provider<\/h4>\n
Spotify, Apple Music & Co. are only licensed for private use<\/strong> – not for commercial use!<\/p>\n
\n4. what you should look out for when choosing a music service<\/h3>\n