Public performances: Everything you need to know

Some of the terminology and requirements around public performance licensing can be confusing. That’s why we want to make it easier for you to understand. 

What is a "public performance?"

A ‘public performance’ is defined as any playing of music outside of a domestic setting. This could be an artist or musician performing or having their music played to people in a public space and more. Any public space that is occupied by people who can hear the music you’re playing qualifies as a public performance.  

Obtaining TheMusicLicence allows businesses to play music to their customers, employees, and visitors while ensuring the talented music creators are fairly rewarded for the use of their music. However, music licensing can be confusing, which is why we have broken it down by definition to help you understand it. 

Definitions:

Public performance: Any playing of music outside of a domestic setting.

Live performance: When a musician, band or artist performs  music in-person to the public, this called a live performance. 

TheMusicLicence: This is a blanket licence that allows you to play music, host live performances and broadcast TV and radio in your business/workplace. 

Copyright: The Copyright Designs & Patents Act 1988 was introduced to protect people who create music, media or art etc. to have exclusive control over their works being shown or displayed by others for commercial gain. 

Broadcast: The transmission of a programme or information to members of the public through radio, television or the internet. 

TheMusicLicence covers your business...

  • If you play music protected by copyright.
  • If you host live music in your venue.
  • If you use hold music on your telephone system.
  • If you use jukeboxes or host karaoke events.
  • If your business is in the performing arts sector.
  • If you play the radio, TV or live sport broadcasts, this is covered as well.

Why play music in your business?

Music can improve the experience you provide to your customers, visitors, and employees, whatever your business.  

Music is not just sound, it can shape your brand identity and can be the  one thing that sets you apart from your competition.  

Discover how organisations are using the power of music to boost their business. Head to our  Success Stories to hear from decision makers from a wide range of sectors.  

FAQs

  • When you are going through the process of obtaining TheMusicLicence, if you use a television or a radio for background music, you may be asked if the device you use only receives a ‘traditional broadcast’ only. A ‘traditional broadcast’, when using a radio or TV for background music, means the following:
    • If you use a television, a traditional broadcast will constitute as BBC1, BBC2, ITV1, Channel 4, S4C and Five television broadcasts only.
    • If you use a radio, a traditional broadcast will constitute as BBC national and local radio stations (all Independent National Radio stations and Independent Local Radio stations, as licensed by Ofcom and listed on www.ofcom.org.uk) that are listed under AM and FM stations.
    If you use a device, such as a Freeview/Smart TV to access television channels or a laptop/tablet/mobile device to view or listen to only the listed channels/radio stations above, then you would still qualify under ‘traditional broadcast’. The use of internet only radio stations or personal streaming services do not qualify as “Traditional Broadcast only”. If you show television channels other than the channels listed above such as Sky Sports or TNT Sports, or any music channels, this will not qualify as ‘Traditional Broadcast’.
  • If you are using commercially released music on your telephone system in your office or workplace, then you’ll usually need TheMusicLicence. The music on your telephone system is being played for your customers and is classed as public performance. In some cases, PPL and PRS for Music have agreements in place with telephone on hold music suppliers who provide you with TheMusicLicence as part of the service they offer.
  • Even if you are only playing music in your office, warehouse, factories & other workplaces for employees, you’ll usually need TheMusicLicence. Music that's played outside of a domestic environment is classed as a public performance, even if the music can only be heard by employees in the staff areas in your business. TheMusicLicence gives you permission to play music in your business or organisation for your employees.
  • You can play music at your workplace in different ways. Whether it’s playing background music for your office via digital devices or tuning in with workplace radio. You can play music in the following ways: To discover the different ways you can play music in your business visit our “how to play” section in the navigation.
  • Under the Copyright, Designs and Patents Act 1988, permission is needed from the relevant copyright holders – those who create, record and publish music – in order to play or perform music in public. Broadly speaking, this includes any presentation of music outside of a domestic setting. For example, it will include using music in the following ways as part of your business or organisation (for the benefit of customers and/or employees): playing recorded music via any device including the radio, TV broadcasts such as sports or other audio-visual content containing music; or putting on live performances of music. There are a range of tariffs to cover the different uses of music across various venue types. However, the use of this music will require permission from the copyright holders and TheMusicLicence will give you that permission, covering the vast majority of commercially released music.
  • PPL and PRS for Music are both collective management organisations. They issue licences and collect royalties for certain uses of copyright-protected music, on behalf of their many hundreds of thousands of members. They then distribute those royalties to members. PPL represents record companies and performers for the use of recorded music, while PRS for Music represents songwriters, composers and music publishers for the use of musical compositions and lyrics (for both recorded music and live performances). PPL and PRS for Music set up PPL PRS Ltd to offer a single joint music licence, on behalf of them both, for playing and performing music in public (see ‘What does playing music ‘in public’ mean?’).
  • PPL PRS Ltd was created to provide customers with a streamlined music licensing service – TheMusicLicence – with a single point of contact to make it easier to legally play and perform music in public. PPL PRS Ltd is equally owned by PPL and PRS for Music. PPL PRS Ltd started trading in 2018. Prior to 2018, businesses and organisations would have had to purchase two separate licences from PPL and PRS for Music instead.

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