Legal Considerations for Playing Music in Public Spaces

Many businesses play music as part of their everyday environment, often without realising that different rules apply when music is used in public or commercial spaces.

Understanding the legal basics can help businesses avoid unexpected fees, compliance issues, or uncomfortable conversations down the track.

Personal music vs public performance

Music services designed for personal use are typically licensed for private listening only. When that same music is played in a public or commercial setting, it is usually considered a form of public performance.

Public performance generally includes:

• Playing music in cafés, restaurants, shops, or offices
• Music audible to customers, clients, or the public
• Background music in shared or customer-facing spaces

Because of this distinction, personal streaming accounts are often not legally suitable for business use.

Why licensing exists

Music licensing exists to ensure that songwriters, performers, and rights holders are compensated when their work is used commercially.

In many regions, this is handled through collection societies or licensing bodies that manage rights on behalf of creators.

For businesses, this often means paying fees or obtaining permission to play certain types of music publicly.

Common misconceptions businesses have

• “We already pay for a streaming subscription.”
• “The music is quiet, so it doesn’t count.”
• “It’s just background music.”
• “No one will notice.”

While understandable, these assumptions don’t usually change how music use is treated legally in commercial settings.

What businesses typically need to consider

Legal requirements vary by country and region, but businesses often need to consider:

• Whether the music is licensed for commercial use
• Whether additional public performance fees apply
• How music is being sourced and played
• What spaces within the business the music is used in

For businesses with multiple locations, these considerations can become more complex.

Royalty-free and business-focused music platforms

Some platforms are designed specifically for business use, offering music that is licensed or structured for commercial playback.

These services typically simplify compliance by handling rights directly or providing music that does not require additional public performance licensing when used through their platform.

This approach can reduce uncertainty and administrative overhead for business owners.

A note on other music sources

Playing other music sources — such as live bands, DJs, radio, or television — may involve separate licensing considerations that sit outside the scope of background music platforms.

Businesses should review their overall music usage holistically to ensure compliance across all scenarios.

Keeping it simple

The goal for most businesses isn’t to navigate complex licensing rules — it’s to create a comfortable atmosphere without unnecessary risk.

Understanding the basics, choosing appropriate tools, and knowing when to seek clarity can go a long way toward peace of mind.