Legality of hold music

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JAMMAN2110

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# 52243 2-Dec-2009 18:59

I haven't made a post in a while but I've been wondering about this issue for a while.

I have a home PBX. When you dial one of my phone numbers you get put on hold while it tracks me down (Desk phone, Cell phone etc).
Obviously, ringing noises get boring quite quick so I was looking to put on some hold music.

Now, I own the music I want to use. I have perfectly legitimate copies here at home.

My question is: Is it legal to use music you own on a home PBX system, without paying royalties etc?

Any questions please ask ;)

<3

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# 278830 2-Dec-2009 19:00

Are you running a business from home?
If you have legally own the music, then I cannot see a problem with it.

Have you read here?

JAMMAN2110

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# 278834 2-Dec-2009 19:12

I'm not. This is purely my own personal use VoIP setup.
People call and it tracks me down and they get put through. It's just nice to have music to listen to while they wait.

"1 ? 5 lines $120.98
MUSIC ON HOLD
Includes the use of radio, CD, tape or other
storage device when operated by way of
an audio device on a telecommunication
system to telephone callers on hold"

LAME. Thanks for the link rscole86.

rscole86

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# 278835 2-Dec-2009 19:15

These include the right to play or perform music outside the domestic environment (for example, playing music via a radio, TV, CDs, karaoke, live music or DJs in your business) and the right to communicate music to the public via a music on hold system.

I would argue that it is a domestic environment, as you are not running a business, and it is a personal line. That would make it no different to playing music when you have friends around.

Kraven

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# 278836 2-Dec-2009 19:15

The associated costs can be found by downloading the form on this page:

http://www.apra.co.nz/html/industry.php?id=6566

JAMMAN2110

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# 278838 2-Dec-2009 19:17

rscole86 - But they could argue that it's being broadcast across the Internet, being VoIP and all.
Now, as much fun as it would be to watch ARPA try and cut my Internet off..

Thanks Kraven.

old3eyes

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# 278840 2-Dec-2009 19:20

Bet they would try..

Regards,

Old3eyes

rscole86

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# 278841 2-Dec-2009 19:20

I would not say so, as your phoneline must be called for people to get the hold music, it is not broadcasting openly 24/7 to the public. Only to those who want to get ahold of you, and only when they call.
Why not just email them and ask, or as they suggest, approach the actual owner and ask for their permission if ARPA says no. :D Or, ask someone to remix it, so that there are enough changes for it nolonger be classed as an original by the original artist? :P

stevenz

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# 278844 2-Dec-2009 19:22

You could always track down some of the royalty-free music that's floating around, stuff the bureaucrats :)

@KnightNZ

Bung

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# 278853 2-Dec-2009 19:52

stevenz: You could always track down some of the royalty-free music that's floating around, stuff the bureaucrats :)

That is the reason that "Greensleeves" is/was a popular default tune on built in MOH

APRA is just half the equation representing the song writer/composer, there will also be fees from PPNZ "PPNZ licenses public performance and broadcasting rights for a number of artists, musicians and distributors, including the "big four": Sony, Warner, Universal and EMI"

APRA and PPNZ have become so zealous I'm surprised they haven't taken over from council noise control instead of terrorising people listening to music in their workplace.

wazzageek

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# 278866 2-Dec-2009 20:58

Personally, I'd play it safe and get in touch directly with the copyright holder (you mention that you OWN the music).

Failing that, find some music that is royalty free.

freitasm

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# 278883 2-Dec-2009 22:18

JAMMAN2110: Now, I own the music I want to use. I have perfectly legitimate copies here at home.

You own the music as in you are the copyrights holder or you "own" the music because you bought a CD?

A CD is only a media for the licensed content. The keyword here is licensed. You are licensed to play it for personal use, but in no way you "own" the content...

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JAMMAN2110

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# 278885 2-Dec-2009 22:23

Fair point. I have paid for and retain ownership of the CDs, I do not own the actual songs..

8d52797c436

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# 278942 3-Dec-2009 09:04

You also have to be careful as a lot of it can come down to how strictly they want to enforce the law. I'm not entirely sure how true it is but a friend of mine reckons he read an article that said that due to new copyright laws you could actually be done for playing your stereo loud enough for others to hear.

There's some information on it at the site below, as well as a phone number to call with questions.

http://www.lawsociety.org.nz/publications_and_submissions/lawtalk/2009_issues/lawtalk,_issue_727/music_copyright_not_well_understood

patatrat

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# 278944 3-Dec-2009 09:16

What sort of music do you like? You could contact some local bands that you like and ask if you can use their music. I know my band would be more than happy to let you use our tracks for free.

Dratsab

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# 278948 3-Dec-2009 09:32

freitasm: A CD is only a media for the licensed content. The keyword here is licensed. You are licensed to play it for personal use, but in no way you "own" the content...

As I was reading through this morning I was going to leap in and say the same thing.

Having just had a quick look at the APRA site and the PPNZ article linked above, they refer to businesses. As you say, it's a private home network and so you are not receiving any form of benefit (ie marketing or audience attraction) which may be an out.

You have a couple of options:
1. Ring APRA and clarify your position
2. Just do it (have I breached copyright by saying that?)

If you go with option 2, what's the likelihood you're going to get complained about? If it turns out there is a breach and you get snapped, you should be given the same opportunity as any business: purchase a licence or cease playing the music.

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