Copyright · For guidance only
Copyright at events: when you have to pay
Playing music in public isn't the same as playing music at home. Here's how the system works, with no made-up rates and no urban myths.
The logic
You pay for communicating a work to the public, not for the CD
Disclaimer. This article is for general guidance and information only. It is not legal advice. Specific obligations depend on the municipality, the type of activity and each individual application, so before finalising anything, check your local council's bylaw or ask directly at the department that processes the permit.
The point that causes the most confusion: having bought the music, or paying for a streaming subscription, doesn't give you the right to play it in public. They're two different things. Buying a song entitles you to listen to it privately; playing it at an event in front of people is an act of communication to the public, which is why rights holders can claim remuneration.
In addition, several rights coexist in each song: those of the author (who composes and writes it), those of the performing artist and those of the producer of the recording. They are managed by different organisations, which explains why sometimes notices arrive from more than one organisation for the same event.
What collecting societies do
Collective management organisations — SGAE is the best known for authors' rights, but it is not the only one in Spain — license the use of the repertoire they represent, then collect and distribute the fees among their members. They work with published general tariffs that vary according to the type of use, capacity, duration, whether tickets are sold and other factors. You won't find figures here: they change, they depend on each specific case, and checking them at the source takes just a few minutes.
The typical case
Private, public and the grey area
The distinction everyone is looking for is "private or public", but the line isn't drawn by whether you invited the guests yourself; it depends on whether the communication takes place in a strictly domestic setting that is not connected to a broadcasting network.
Cases usually regarded as private
A party at a private home with family and friends, no tickets, no advertising and no profit motive. In this case, there is normally no rights claim for the background music.
Cases usually regarded as public communication
A concert, a verbena (street party), a patron saint's festival, a corporate event, a fair, a nightclub or any event held in a venue open to the public, whether or not tickets are charged. Being free does not make it private.
The grey area: weddings and celebrations at event venues
This is the most frequently asked question. A wedding, a First Communion party or a puesta de largo (debutante ball) held in a banquet hall, hacienda or restaurant takes place in an establishment that is nobody's home. In practice, many celebration venues already hold a licence that covers the music at the events they host, which is why the client never receives any notice. The sensible thing is to ask the venue directly whether its licence covers the music at your event, because if it does, the matter is settled.
Who pays
The organiser, not the sound supplier
The obligation lies with whoever organises the event and carries out the act of public communication: the town council at a patron saint's festival, the association or brotherhood at a verbena (street party), the company at a corporate event, the venue for its regular programme. Not with the company renting out the speakers, nor, on its own, with the DJ who has been booked.
That said, at many events the DJ or band helps by providing the setlist, because declaring the works performed is what allows the royalties to reach the right authors. At concerts with live music, this declaration is particularly important.
What if the music is royalty-free
There is repertoire under licences that allow public communication without going through a collective management organisation, as well as production music made specifically for commercial use. It is a genuine option for background music at stands, in-store music or corporate events, but it requires everything that is played to come from that repertoire: a single commercial song is enough to change the situation. At an event with a DJ taking requests from the crowd, keeping to it is unrealistic.
How it is normally done
The usual approach is to notify the relevant organisation of the event in advance, provide the details it requests — date, location, capacity, type of event, whether there are tickets — and pay according to the applicable tariff. Town councils and large organisers often have agreements in place that simplify the procedure.
Common mistakes
Four beliefs that turn out to be costly
"I'm not charging for tickets, so there's nothing to pay"
Being free does not turn a public event into a private one. It may affect the applicable tariff, but it does not remove the obligation.
"I have a music subscription, so it's already paid for"
Consumer subscriptions for home use do not cover professional use or public communication, and their terms state this explicitly.
"The DJ is playing it, so it's his responsibility"
The act of public communication is carried out by whoever organises the event. The DJ is a supplier, just like the sound company.
"It's a wedding, so it's private"
It depends on where it is held. If it is at an event venue, the venue itself most likely already has it covered. Asking only takes a phone call.
Keep reading
Related links
Frequently asked questions
Music copyright FAQs
Do you have to pay music royalties at a wedding?
It depends on where it is held and whether the venue already has a licence covering the music at the events it hosts. Many banquet halls and haciendas do. The way to find out is to ask the venue before the event.
What about a party at a private home?
A celebration in a strictly domestic setting, with no tickets or advertising, does not usually create any obligation for the background music.
How much does it cost?
Collective management organisations publish general tariffs that depend on the type of event, capacity, duration and whether tickets are sold, among other factors. As they vary, the right thing to do is to check them directly with the relevant organisation.
Does the sound company handle this?
No. We rent and set up the equipment. Public communication of the music and its declaration are the responsibility of the event organiser.
Can I just use royalty-free music and forget about it?
It is possible at events with controlled background music, but it requires absolutely all of the repertoire to fall under those licences. With a DJ and requests from the crowd, it is hard to sustain.
We bring the equipment, you bring the music
Tell us about your event and we'll prepare the system. Royalty paperwork is a separate matter.
