By Riyaz Jariwalla

Many clients have asked whether playing music in the 'background' is a violation of copyright law.

The Supreme Court held in 2003 that playing music protected by copyright in for example in a taxi by radio, cassette or CD player when carrying customers constitutes public performance of musical works.

The court based its opinion on the fact that the performance of the music is related to the business activity of the taxi service and the number of customers is not restricted. It decided that the compensation to be paid annually to the respective collecting society for the use of the music is 22 EUROS having made the following considerations:

(1) the passenger is normally in a taxi for a short time;

(2) the number of passengers is limited; and

(3) the opportunity to listen to music is irrelevant when deciding to use a taxi.

On that basis, if you are playing music whilst supplying a service or during the sale of goods, the music playing in the 'background' will constitute a public performance of musical works, a right that only the owner is entitled to unless you are licensed.

The Copyright, Designs and Patents Act 1988 ('the Act') provides that the owner of the copyright in a work such as musical works under section 3(1) of the Act; and has the exclusive right to do the following acts:

(1) copy the work;

(2) issue copies of the work to the public or any other; and

(3) make adaptations of the works, or to do any of the above acts in relation to an adaptation of the work.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and commercial litigation and can be emailed on riyaz.jariwalla@lawdit.co.uk.

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