Whether you are an independent artist, the owner of a record label in Australia, or someone that intends to play recorded music in public, it is essential to understand the licenses that need to be in place before using the work of another. This article will discuss the PPCA licence and what circumstances you may need, so you can steer clear of copyright infringement.
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What is the PPCA?
The Phonographic Performance Company of Australia (PPCA) is a non-profit organization that advocates for the interests of record companies and Australian artists by offering blanket copyright licenses for using sound recordings. These licenses ensure that the creators and copyright owners of the music are appropriately compensated for using their work. The PPCA also plays the critical role of collecting licence fees on behalf of the copyright owner.
What is a PPCA Licence?
For context, copyright can protect different elements of a piece of work. For example, where the work is a song, copyright can be split into the copyright of the:
- musical work;
- sound recording; and
- lyrics.
A PPCA licence specifically relates to sound recordings, and its purpose is to grant permission to broadcast, communicate and play recorded music in a public place. Therefore, if the work also has musical and lyrical elements, separate licenses will need to be obtained to cover these aspects of copyright. These licenses can be sought from Australasian Performing Rights Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS). However, both licenses might be necessary depending on your specific use of music.
Suppose you need to decide whether you need a PPCA license or any other music-related license. In that case, contacting PPCA or other relevant music licensing organizations in Australia is advisable for guidance. You can contact PPCA directly or visit their website for details on licensing options, fees, and application procedures. It’s worth noting that license fees may vary based on factors such as:
- the type of business;
- venue size; and
- frequency of music usage.
When Do I Need a PPCA Licence?
A common misconception is that if you purchase a CD or stream music through an app such as Spotify, you are free to play this music in public. However, if you intend to play or perform music in a public place, you must first obtain PPCA and APRA AMCOS licences; otherwise, you risk being liable for copyright infringement.
You generally need a PPCA license when you play recorded music in public or commercial spaces, such as:
- playing recorded music at live events, concerts, and festivals;
- playing background music in hotels, offices, and other public venues;
- streaming music in public spaces like restaurants, bars, cafes and gyms;
- playing music in retail stores, shopping centres and malls;
- broadcasting music on the radio or in TV programs; and
- using music in fitness classes or dance studios.
If a copyright owner is not a PPCA licensor – meaning they are not signed up with PPCA – you will need to contact the owner directly to obtain a separate licence.
Further, you should ensure compliance with music licensing requirements in Australia. If you use recorded music in public without the necessary licenses, you could be subject to penalties for copyright infringement.
Key Takeaways
If you plan to broadcast, communicate or play music in a public place, obtaining PPCA and APRA AMCOS licenses is imperative. Having the correct permissions in place will support your favourite artists and ensure that you can avoid copyright infringement.
If you have any questions and want to speak to a copyright expert, our intellectual property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Unless you are the copyright owner of the music you intend to use, you will require licenses to play music in a public place. You can obtain a combined PPCA and APRA AMCOS licence through OneMusic.
Depending on the song and the parties involved, one song may have multiple copyright owners. This is because copyright exists in the musical work, such as the notes to a song written by a songwriter or composer, and also in the audio recording, which the record label or the performer may own.
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