You’ve invested in every detail to create the perfect atmosphere for your customers and staff. But if your business is relying on a personal music account—like Spotify, Apple Music, or even the radio—to set the ambiance, you are likely exposed to significant legal risk under UK copyright law.

The short answer is an emphatic yes: You can be sued and face substantial fines for playing music in your business without the appropriate commercial licence.The Core Violation: Public Performance

In the UK, playing music in a commercial setting is legally considered a “public performance” of a copyrighted work.

Under the Copyright, Designs and Patents Act 1988, you must obtain permission from the copyright holder to ‘perform’ music in public. The courts have determined that “playing in public” has a broad legal meaning and is effectively “any playing of music outside of a domestic setting”.

This applies whether you play music via:

• Recorded media (CDs, downloads).
• Digital streaming (Spotify, Apple Music).
• Radio or TV broadcasts.
• Live events.

Crucially, personal music streaming accounts are strictly licensed for private, non-commercial use only. Using these in your shop, office, or café breaches their terms of service and constitutes a breach of UK copyright law. Even if the music is only audible to employees in a staff area, it is still generally classed as a public performance.The UK Solution: TheMusicLicence

A single piece of music involves two separate copyrights, and you need permission for both:

1. The Musical Composition: This covers the rights of the songwriter, composer, and music publisher (the lyrics and melody). These rights are managed by PRS for Music.
2. The Sound Recording: This covers the rights of the record company and the performers on that specific recording. These rights are managed by PPL (Phonographic Performance Limited).

To simplify compliance, PPL and PRS for Music formed a joint venture, PPL PRS Ltd, to offer one combined licence: TheMusicLicence. This single licence covers the vast majority of commercially available music.The Cost of Non-Compliance: Financial Penalties

Failure to obtain the appropriate music licence is copyright infringement and can result in legal action, including being sued for damages. The financial consequences for non-compliance are severe:

• Legal Action and Damages: Copyright holders can pursue legal action, forcing your business to pay damages or remedies such as an injunction to stop playing music.
• Surcharges and Backdated Fees: PPL PRS actively monitors businesses through site visits and calls. If a business is found playing unlicensed music, a 50% surcharge can be added on top of the standard licence fee to retrospectively cover the period of illegal music usage.
• Fines: Fines for not having the correct licence can run into hundreds and sometimes thousands of pounds, depending on the size of your business.

Legal Alternatives for UK Businesses

To ensure your business remains legally compliant, you have two primary options for background music:

1. Obtain TheMusicLicence: Purchase the combined licence directly from PPL PRS Ltd, which grants permission to play virtually all commercially released music.
2. Use Licensed Commercial Streaming Services: Subscribe to a specialized business music streaming service like Auracle Sound. These providers ensure that the content they supply is fully licensed for public performance and handle the complexities of royalty payments on your behalf, often covering the PPL and PRS rights.
3. Use Royalty-Free Music: Play music that is genuinely in the public domain or is supplied by a legitimate royalty-free music service whose artists are not registered with PPL PRS.

Playing music legally is an essential business requirement that protects you from costly lawsuits and supports the artists who create the music your customers enjoy.

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For queries about whether your business needs a licence or to check the cost, you can contact PPL PRS Ltd on 0800 0720 808.