PLAYING MUSIC IN YOUR RESTAURANT

Chances are you will want to have music playing in your restaurant.  You may have live musicians from time to time, you may want play your favorite CD's or you may pay someone to create some CDs for you that reflect the atmosphere you want.

In all these circumstances, you are broadcasting copyright material and must pay royalties for using the music in your business.  Live performers usually play copy right material, when you purchase a CD you are only entitled to play it for your personal enjoyment, not in your business, and a CD created from the works of various composers is created from copyright material.

Canada's copyright laws require you pay to for the use of the music. Luckily, this has been made easy and inexpensive. The Federal Government, who have authority over copyright material, have given the administration of collecting royalties to the Society of Composers, Authors and Musicians of Canada (SOCAN). This is simplified by issuing an annual licence to use music in places of business. The licence fee depends on the manner in which the music is used. Most restaurants use background music.  The licence for background music is $94.51 or $1.23 per square metre or 11.46¢ per square foot, whichever is greater (only half the licence fee is paid by establishment open less than six months of the year.)

Buying your licence fee assures the composer or songwriter receives the royalties they're entitled to receive.  SOCAN has reciprocal agreements with every country in the world, and pays a share of their licence fees to other countries to distribute to their composers and songwriters.  In turn, SOCAN collects royalties for Canadians whose work is played outside Canada.

It is illegal to play music without a licence.  Failure to have a licence can lead to a business being taken to court and required to pay  substantial legal penalties as well as costs being imposed under the Canadian Copyright Act.  

When do I not have to pay for a music licence?

• If you only have an un amplified (i.e. no additional speakers attached) radio playing, the radio station has already received the licence.  
• If you use a professional "piped in" music provider, assure they are licensed to provide you the music. If so, then you are covered by their licence fees.   

If you only play music in the public domain (meaning the composer or songwriter has been dead for 50 years or more) you may not need a licence.  However, to be sure, contact SOCAN.  Their website is www.socan.ca or they can be reached in BC at:

1201 West Pender Street, Ste. 400
Vancouver, BC V6E 2V2
Phone: (604) 669-5569
Toll-free: 1-800-93 SOCAN ( 1-800-937-6226)
Fax: (604) 688-1142