Copying Music

Copying, reproducing, recording or storing music requires the permission of music creators.

Under New Zealand copyright law you are able to make a limited number of copies of music for personal use. This includes copying music to play on different devices - for example, digitising vinyl or burning a CD to play in your car - as well as making a copy for members of the same household.

Outside of copying music for personal use, you may also want to make copies of music to play in a business setting. This includes copying CDs, transferring libraries of music onto digital music players, and using music streaming services in a business setting.

If you copy, reproduce or cache music to play in your business, you require a OneMusic Dubbing Licence.

Do you:

  • Play music from a music streaming service in your business (for example Spotify or Apple Music)?
  • Sync a digital music player (for example an iPod) with your music library to play in your business?
  • Play music from music websites in your business (for example, Soundcloud and Mixcloud)?
  • Burn CDs to play in your business?

If the answer to any of the questions above is yes, you require the OneMusic Dubbing Licence for the reproduction, copying or caching of music, as well as a public performance licence for playing music in a business setting.

 

How am I able to copy music under the Copyright Act (1994)?

The Copyright Act (1994) allows for limited copying for personal use. This includes making a copy to play on different devices  - for example digitising vinyl, or burning a CD to play in your car - as well as making a copy for members of the same household.

Read about the allowances for copying under the Copyright Act (1994) here.

Why do I need a OneMusic Dubbing Licence if I use a streaming service?

When you play music from a streaming service, temporary copies of songs are stored on your device. The OneMusic Dubbing Licence satisfies your obligations under the Copyright Act (1994) for the copying of music for the purposes of public performance.

It’s important to note that holding a Dubbing Licence does not grant you permission from the music streaming platform itself to use their service in a business or commercial setting. In most cases the terms and conditions of music streaming services do not allow you to use their service in a business or commercial setting.

Using music streaming services in business - the Copyright Act vs. Terms and Conditions

The terms and conditions of streaming services do not allow you to use their service in a business or commercial setting. If you do, however, choose to use a streaming service in your business, to satisfy your obligations under the Copyright Act (1994), you will require a OneMusic Dubbing Licence for the temporary copying and storage of music on your device.

To understand the different rights, it's helpful to separate out the copyright associated with the music accessed through streaming services, and the terms and conditions of the music streaming platform itself.

Music Rights - The Copyright Act (1994)

Regardless of how music is accessed, music is subject to usage restrictions under the Copyright Act (1994), which governs how music can be used. When you play music from a streaming service, temporary copies of the songs you listen to are stored on your device. The OneMusic Dubbing Licence authorises the copying of music onto your device for the purposes of 'public performance' (for example, playing music in a business or organisation), satisfying your obligations under the Copyright Act (1994).

Music Streaming Platforms - Terms and Conditions

Have a look at the terms and conditions of your music streaming service provider. You will see that the service is for PERSONAL and DOMESTIC use only. Any use of the service outside of a domestic setting - for example in a business or organisation - is therefore outside of the agreement that you have with the service.

What is the difference between 'public performance' and 'reproduction'?

A public performance is the performance of music outside of a private or domestic setting ('in public'), and reproduction is the copying ('reproduction') of music. Both acts are distinct and have different treatments and restrictions under the Copyright Act (1994) for both musical works and sound recordings. 

In short, a 'public performance' licence covers music being publicly performed / played to your customers, while the dubbing licence covers the copying / caching (reproduction) of those songs from the music streaming platform onto your device.

Is holding a licence a legal requirement?

Yes it is - the Copyright Act (1994) establishes public performance and reproduction rights, protecting the rights of music creators. The Copyright Act also outlines the penalties for anyone in breach of the Act. You can access the Copyright Act (1994) here.

 

Want to know more? Read the full FAQs here, or call us on 0800 800 663 - we're here to help.