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“Any cafe or business that plays music

requires a license to play,”

says Catherine Giuliano, Director,

General Licensing at APRA AMCOS.

“We provide that permission.” or works first published in such a State)

must be given the same protection in each
of the other Contracting States as the latter
grants to the works of its own nationals
For most of the world’s commercial- Copyright is also expressed within (principle of “national treatment”)
ly-available music, you can get that permis- several international treaties such as the (b) Protection must not be condition-
sion through a license from a music rights Berne Convention. The Berne Convention al upon compliance with any formality
organisation in your country, according to was adopted way back in 1886; and deals (principle of “automatic” protection)
OneMusic. with the protection of rights of works for (c) Protection is independent of the
Publicly playing music that is protect- the authors of the works. existence of protection in the country of
ed by copyright without permission could In Australia, copyright happens auto- origin of the work (principle of “indepen-
be infringing copyright, which is contrary matically. If you’re a songwriter sitting at dence” of protection). If, however, a Con-
to Australian law. home, strumming your guitar writing a new tracting State provides for a longer term of
The Copyright Act 1968 (Cth) (Copy- ditty; then your ownership or copyright of protection than the minimum prescribed
right Act) regulates copyright in Australia the song is automated. by the Convention and the work ceases to
in relation to original literary, dramatic, Often, there can be numerous people be protected in the country of origin, pro-
musical and artistic works, and subject mat- who own the copyright: the lyricist, the tection may be denied once protection in
ter other than works. musician and more. the country of origin ceases.
Do I need a music license? Playing music in a business is dif-
ferent to playing music at home
In most cases, cafes and restaurants
need permission to play music for both Often people wonder why it’s different
their customers and staff. to play music in a cafe or restaurant than at
“Any cafe or business that plays home. Well, this comes back to copyright.
music requires a license to play,” says Music is protected by copyright acts. When
Catherine Giuliano, Director, General a cafe plays music of any kind it is to a ben-
Licensing at APRA AMCOS. “We provide efit of the patrons, or customers.
that permission.” So, by having a music license via “Music is played by choice of the
APRA AMCOS consists of Austral- APRA AMCOS, when you hit play on your owner to enhance the vibe,” says Giuliano.
asian Performing Right Association and playlist in your cafe, the artist is protected Not only does the playlist enhance
Australasian Mechanical Copyright Own- and paid for their work. Who wouldn’t the business, it can also have an effect on
ers Society, both copyright management want to see their favourite musicians get the customers purchases and habits.
organisations or copyright collectives paid for their work, right? Listening to music can make people
which jointly represent over 100,000 song- eat, or drink more according to studies.
writers, composers and music publishers What was the Berne Convention? Right down to the music tempo can have
in Australia and New Zealand. an effect on meal duration or intake rate,
The organisation acts on behalf of the The Berne Convention was developed according to this study on the effect of
songwriters, and composers they represent for the protection of literary and artistic music to eating behaviour.
with music licenses that provide a revenue works. It involves three major principals: Many of us choose where to eat and
stream for the writer. drink based on the ambience or vibe of
When an artist’s music is played, (a) Works originating in one of the a cafe, not only the menu.
they earn royalties for their work and get Contracting States (that is, works the au- Cafes serving great coffee in Aus-
fairly paid. thor of which is a national of such a State tralia are not hard to come by.

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