Playing music in your restaurant without a licence is unlawful, writes Pfanani Lishivha, CEO of SAMPRA.

The South African Music Performance Rights Association (SAMPRA) is a collective management organisation (also known as a collecting society) that administers neighbouring rights on behalf of recording artists and record companies. SAMPRA represents more than 70 000 South African recording artists and more than 10 000 South African record companies.

Most business owners, including restaurant owners, are usually bewildered when they are asked to have the SAMPRA music licence and to pay licence fees for the performance of music in their establishments. Their first line of defence is always that “I bought / downloaded all the music I play in my restaurant’ or ‘I stream music from Apple Music or Spotify and I pay monthly subscription fee(s).”

What most of these business owners do not realise is that when we download or stream music, we do so for personal enjoyment. When the very music is used to add value to one’s business, that is known as public performance. And in terms of the Copyright Act and the Performers’ Protection Act, unauthorised public performance of music is prohibited and unlawful. 

The SAMPRA music licence authorises public performance and makes it lawful. The licence gives the user the right to play whatever music the user wants to play, in return for a nominal fee. The nominal fee is dependent on the restaurant’s seating capacity and the areas where music is audible.

SAMPRA has reciprocal agreements with its international counterparts around the world. These reciprocal agreements give SAMPRA the authority to represent international music in South Africa. It, therefore, does not matter that music performed in a particular restaurant is mostly American, British, French, Greek, Italian, Portuguese, etc., SAMPRA is solely authorised by its international counterparts to protect their members’ music in South Africa. The protection is with regards to the performance of the music by radio broadcasters and non-broadcasting services, such as restaurants.

SAMPRA urges restaurant owners to view the performance of music in their restaurants as an overhead that is no different from drinks, meat, veggies, etc. that are served in the restaurant. Music creates an ambiance in the restaurant, hence it is said that music adds value to the business.

Business owners that want to know and understand more, can visit www.sampra.org.za or contact SAMPRA at licensing@sampra.org.za