PPNZ - Licence required by anyone who plays music audio and / or video recordings in public

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#993950 25-Feb-2014 10:40

This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

I've been to a number of places that have these rented units. Internet connected, remote managable and updateable playlists from the supplier.

Recently went to a non profit movie screening here in town. Luckily the person organising it had the forethought of not breaking any rules, approached the distributor with the situation and was granted a one time public display licence of the title, and the only restriction was the number of person audience (set at 45.. or was it 70)

Churches also gain these so they can show movies as part of the youth groups etc

ubergeeknz

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#993956 25-Feb-2014 10:52

To sum it up for the OP, this all comes back to Copyright law. Under Copyright law as it stands, by default, you have no rights to a recording someone else made, they are the "rights owner".

When you buy a CD, iTunes download, etc, that artist/label grants you the rights (a license) to play it for your own enjoyment only.

You would breach the terms of that license by using purchased music for a public performance. That right was never given to you by the rights owner.

To make it easier, rights owners join up with APRA, and allow them to sell rights on their behalf.

Then APRA make it easy for someone to buy a license, allowing them to play all the music they want (within reason) in a public venue. They then distribute the money they collect in return for these rights to the respective rights owners.

There's no "nanny state" thing going on. This has nothing at all to do with the Government.

Any damages APRA can seek if you refuse to pay are under the Copyright Act, however it's likely to exceed the licensing fee (so you may as well pay up).

Fred99

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#993957 25-Feb-2014 10:53

Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM?

Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

Klipspringer

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#993958 25-Feb-2014 10:56

Kyanar:
And you'd be wrong. In South Africa, you need to pay SAMRO and SAMPRA, depending on what you use the music for (sometimes one of the two, sometimes both. What decides? Who knows!).

No you just pay the dodgy corrupt officer a fee. Sometimes a bottle of whiskey will also do the trick. He will then leave you alone for life ;-)

It also works for the guys that come around to see your TV licenses. Yes in SA you still have those.

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#993959 25-Feb-2014 10:57

Fred99:
Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM? Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

So what about 2talk? They give me the option to upload a mp3 to use on my phones messaging system.

Geektastic

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#993960 25-Feb-2014 10:58

Klipspringer:
Fred99:
Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM? Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

So what about 2talk? They give me the option to upload an mp3 to use on my phones messaging system.

If you mean your mobile or whatever, is that 'public'?

Kyanar

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#993961 25-Feb-2014 10:59

Klipspringer:
Fred99:
Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM? Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

So what about 2talk? They give me the option to upload an mp3 to use on my phones messaging system.

And if you don't have the appropriate license, you are in for a world of hurt if APRA|AMCOS and/or PPNZ get wind of it. By default, 2talk plays awful public domain "musak" on hold. There's a reason for that.

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ubergeeknz

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#993963 25-Feb-2014 11:01

Klipspringer:
Kyanar:
And you'd be wrong. In South Africa, you need to pay SAMRO and SAMPRA, depending on what you use the music for (sometimes one of the two, sometimes both. What decides? Who knows!).

No you just pay the dodgy corrupt officer a fee. Sometimes a bottle of whiskey will also do the trick. He will then leave you alone for life ;-)

It also works for the guys that come around to see your TV licenses. Yes in SA you still have those.

And how does this "system" work for rights owners / artists? Does the officer share his whiskey with them?

Klipspringer

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#993976 25-Feb-2014 11:02

Geektastic:
Klipspringer:
Fred99:
Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM? Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

So what about 2talk? They give me the option to upload an mp3 to use on my phones messaging system.

If you mean your mobile or whatever, is that 'public'?

No its my business VOIP phone :-)
No mention of any licensing being required.

Geektastic

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#993977 25-Feb-2014 11:04

Klipspringer:
Geektastic:
Klipspringer:
Fred99:
Oblivian: This is the reason many places will pay for the media boxes for music-on-hold and in-store playing. That way the onnus is on the company supplying the equipment to ensure their devices are a licenced and in check

Not according to this:

I PLAY MUSIC FROM A MUSIC SERVICE PROVIDER. ISN’T THE PUBLIC PERFORMANCE COVERED BY THE FEE I PAY THEM? Companies that supply commercial music installations and services (e.g. jukeboxes) to businesses are generally licensed only for the reproduction and supply of that music. Their fees do not (except in a few limited cases) cover the public performance of that music. If you are unsure, please contact us so we can check to see whether your licensed MSP is authorised to collect public performance fees on our behalf.

So what about 2talk? They give me the option to upload an mp3 to use on my phones messaging system.

If you mean your mobile or whatever, is that 'public'?

No its my business VOIP phone :-)
No mention of any licensing being required.

Ah.

Your avatar has me imagining you answering with "Hello, IT. Have you tried switching it off and on again?"!!

Kyanar

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#993979 25-Feb-2014 11:05

Klipspringer:

No its my business VOIP phone :-)
No mention of any licensing being required.

It's not their job to make sure you have your ducks in a row. A license is most definitely required.

gzt

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#993992 25-Feb-2014 11:21

The thing is, why would you not want to compensate an artist for giving your business a bit of personality of your choosing? The licensing is easy and the amount is trivial.

In any case no one is going to hunt you down for it. If you want to remain good with copyright and not pay a license fee use music that is out of copyright or use music that is royalty free. Simple. There are many sources for that.

Klipspringer

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#994031 25-Feb-2014 12:16

Geektastic:

Ah.

Your avatar has me imagining you answering with "Hello, IT. Have you tried switching it off and on again?"!!

I wish I had a response LOL. But for the like of me I have no idea who your avatar is?

old3eyes

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#994071 25-Feb-2014 12:49

The worse thing about the crazy NZ licensing is that the radio stations pay a license to play music over the air. If you own a business and you have a radio that the public can hear you have yet to buy another license for that . kind of double dipping on the part of the people who do the licensing..

I remember a couple of years ago a garage in the UK was taken to court for having a radio in their work shop that people could hear in the reception area. I'm sure it's happened here as well.

Regards,

Old3eyes

Kyanar

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#994174 25-Feb-2014 15:10

old3eyes: The worse thing about the crazy NZ licensing is that the radio stations pay a license to play music over the air. If you own a business and you have a radio that the public can hear you have yet to buy another license for that . kind of double dipping on the part of the people who do the licensing..

I remember a couple of years ago a garage in the UK was taken to court for having a radio in their work shop that people could hear in the reception area. I'm sure it's happened here as well.

Again, this is not unique to NZ. The same applies everywhere in the world - the licensing regime is the same. If you play a radio, you still need the rights from APRA - the only catch is that since the public performance rights have been paid for by the radio station, you don't need to purchase a license from PPNZ. Actually, this is different from many overseas jurisdictions where you would need to get a performance license anyway.

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