Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Music sets the tone for your space - whether it’s a café soundtrack that keeps customers lingering or a gym playlist that powers a great class. But when you play music in your business in Australia, you’ll almost always need a licence to do it legally.
You may have come across “BCG music licences” or similar providers that help businesses sort out their background music permissions. In practice, what matters is that you’re properly licensed for the music you play - regardless of which provider helps you get there.
In this guide, we’ll break down how music licensing works in Australia, when you need a licence, how to get the right one, and the common pitfalls to avoid. We’ll also cover the key legal documents that help you manage your music use and wider compliance confidently.
What Are “BCG Music Licenses” And How Do They Work?
In Australia, the core music rights for public performance are managed by collecting societies. In most cases, businesses obtain a single, simplified licence through OneMusic Australia (a joint initiative of APRA AMCOS and PPCA) that covers the public performance of:
- Musical works and lyrics (typically administered by APRA AMCOS), and
- Sound recordings and music videos (typically administered by PPCA).
Third-party services (like background music platforms or music licensing service providers you might know as “BCG”) often help businesses secure and manage these permissions, supply curated playlists, or provide music delivery systems. The key point is that the underlying rights still need to be cleared via the appropriate licence for your use case.
Depending on your venue and activities, you may also need coverage for specific scenarios, such as:
- Playing music from radio, TV, or streaming devices on your premises.
- Fitness classes, dance classes or instructive sessions using music.
- Live performances, DJs, or performers in your venue.
- On-hold music through your phone system.
- Music videos or in-venue screens that show audiovisual content.
If you use any third-party background music service, confirm what their service fee includes (music supply, hardware, curation, and/or licensing) and exactly which rights are covered. You’ll want clarity on whether you still need to arrange a separate public performance licence for your premises.
Do I Need A Licence To Play Music In My Business?
In most cases, yes. Playing music “in public” includes using music in a commercial setting (even if you’re just turning on the radio in your shop). Here are common scenarios and what they usually require:
- Background music in a venue: A public performance licence that covers both the musical work and the sound recording (often via OneMusic Australia). Your fee is typically based on factors like floor area, number of speakers, or type of venue.
- Radio or TV in your premises: Still considered public performance. A public performance licence typically applies even if the radio or TV station already pays its own broadcast licence.
- Streaming services: Personal streaming accounts (e.g. consumer Spotify/Apple Music tiers) usually prohibit commercial public performance. You’ll need proper public performance rights, and in many cases a commercial streaming solution or licensed music delivery service.
- Fitness, dance and classes: Often a different rate structure applies due to the intensity and frequency of music use in classes. Be ready to declare the number and length of classes.
- Live music and DJs: Live performances also involve public performance rights. For DJs, confirm whether your licence covers their sets and if additional clearances are needed for recorded tracks and remixes.
- On-hold music: Playing music over your phone system to callers is a separate use case that typically requires specific coverage.
- Music videos: Showing music videos adds audiovisual rights considerations; this may sit under a specific tariff or licence category for screens.
If your “audience” is just staff listening through headphones or in a private, non-public area, that may not be a public performance - but the moment it’s audible to customers or the public, assume a licence is required.
How To Get The Right Music Licence In Australia
Licensing is much easier when you map your actual use of music early. A simple plan will save you time, fees and potential penalties.
1) Audit Your Music Use
List every way your business uses music. Note sources (streaming, TV, radio, curated service), where it’s played (front-of-house, change rooms, function rooms), and any special uses (classes, events, live performances, videos, on-hold).
2) Gather Venue And Use Details
Licensing fees often depend on inputs like floor area, number of speakers or screens, the number and length of classes, and how often you host live music. Having these details on hand speeds up the process.
3) Contact The Appropriate Licensor
In many cases, a OneMusic Australia licence will cover your public performance needs for musical works and sound recordings. If you’re engaging a third-party background music provider, confirm whether their package includes the necessary public performance rights for your premises or whether you must obtain them directly.
4) Agree The Correct Tariff (And Keep Records)
Make sure the licence category and inputs match your actual use (for example, a café with low-volume music across 80 sqm, versus a fitness studio with daily classes). Keep records that support your declarations and any changes over time.
5) Review Annually Or When Things Change
If you renovate, add more speakers, open new rooms, increase class frequency, or start showing music videos, update your licence inputs. This helps you stay compliant and avoid under- or over-paying fees.
Legal Compliance Beyond Licensing: Contracts, Privacy And Workplace Rules
Getting the right licence is step one. You’ll also want to protect your business with solid contracts and policies that support how you operate day-to-day.
- Supplier And Content Agreements: If a music platform or integrator supplies curated tracks, devices or screens, put the terms in writing. A short-form Copyright Licence Agreement can clarify your scope of use and who’s responsible for rights clearance.
- Contractors And Performers: Hiring a DJ, sound technician or live musician? Use a Contractors Agreement to cover deliverables, fees, IP ownership, and what happens if a performance is cancelled.
- Staff Hiring: If you employ team members (e.g. front-of-house, class instructors), issue the right Employment Contract and ensure rosters, breaks and pay comply with Australian employment laws. A clear workplace policy can also set rules for appropriate in-venue music use.
- Brand Protection: If you’re building a distinctive brand around music-led experiences, consider trade mark protection. Choosing the right trade mark classes early helps secure your name and logo as you expand.
- Privacy And Marketing Compliance: If you collect customer details for Wi‑Fi access, playlists or promotions, publish a compliant Privacy Policy and follow Australia’s email marketing laws when sending offers.
- Website And App Terms: If you run a website or booking app, set clear Website Terms and Conditions so users understand the rules for access, payments and cancellations.
- Confidentiality: When swapping playlists, brand ideas or partnership terms with third parties, a Non-Disclosure Agreement helps keep sensitive information protected.
These documents reduce misunderstandings, set expectations with your teams and partners, and support your compliance posture if something goes wrong.
Common Pitfalls (And How To Avoid Them)
Music licensing is simple once you set it up - but there are a few traps that catch many businesses out. Here’s what to watch for:
- Using personal streaming accounts: Consumer streaming terms usually prohibit public performance. Use proper public performance licensing and, where relevant, a commercial music service.
- Forgetting about TV screens or videos: If you show music videos or TV programs with music, make sure your licence covers audiovisual use and the number of screens.
- Not counting all areas: Toilets, change rooms, function spaces and outdoor areas may be part of your licensed floor space if music is audible there.
- Missing on-hold music: Music on your phone system is a separate use case. Add it to your licence if you use it.
- Assuming the landlord covers it: Lease terms rarely include your music licence. Treat music licensing as your responsibility unless your agreement expressly says otherwise.
- No paper trail with DJs or suppliers: Handshake arrangements create risk. Use written terms that address cancellations, timing, sound level limits and IP ownership.
- Not updating after changes: Renovations, new speakers or more classes can change your fee category. Update your licence inputs promptly.
Step-By-Step Setup Checklist For New Venues
- Plan your music use: Background playlists, classes, DJs/live, videos, and on-hold.
- Measure and map: Floor area, areas with speakers, number of screens, class schedules and live music frequency.
- Confirm your source: Decide between radio/TV, licensed streaming, curated music service, and what each contract includes.
- Arrange licensing: Contact the appropriate licensor (often OneMusic Australia) and select the tariff that matches your business model.
- Put contracts in place: Contractor terms for performers, supplier terms for music systems, and staff Employment Contracts.
- Set your policies: Publish your Privacy Policy and Website Terms and Conditions if you collect customer data or take bookings online.
- Keep records: Save licence documents, invoices, floor plans, and any inputs you declared for audit or renewal time.
- Review yearly: Update your licence if your use changes (more speakers, new rooms, new events).
Key Takeaways
- Most Australian businesses that play music publicly need a licence that covers musical works and sound recordings (often via OneMusic Australia).
- Map all your music use - background, classes, DJs, videos and on-hold - so you select the right licence category and inputs.
- Consumer streaming plans generally don’t allow public performance; use proper licensing and commercial music solutions.
- Support your licensing with solid contracts and policies, including a Contractors Agreement, appropriate Employment Contracts, and a clear Privacy Policy and Website Terms and Conditions.
- Avoid common pitfalls by covering TV/screens, counting all audible areas, documenting supplier and performer arrangements, and updating your licence after any change.
- Getting tailored legal advice early can streamline set-up and reduce your risk of non-compliance or disputes down the track.
If you’d like a consultation on music licensing and the contracts your venue needs, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








