A 2018 High Court decision (Australasian Performing Right Association Ltd v 3228 Business Ltd  NZHC 3088) has shown you should consider your right to use a third party's intellectual property, such as playing music in the course of your business operations.
If you use music or play the radio in a business or public setting that is considered a 'public performance' you could be contravening a provision in the Copyright Act 1994. This includes playing music and/or radio broadcasts in any commercial environment, such as a café, restaurant, bar, shop or factory.
In December 2018, The Rock Salt Bar & Restaurant at Kerikeri was ordered by the High Court to pay $4,605 in damages and $18,000 in additional damages for failing to obtain a licence to play music in the course of its business. In this instance, The Rock Salt Bar & Restaurant was found to have infringed copyright of the Australasian Performing Right Association (APRA), and ignored requests to stop using such copyright until they obtained an applicable licence. A licence to use the copyright was offered to The Rock Salt Bar & Restaurant by APRA a number of times in 2017 and 2018, but the offer was ignored.
In his judgment, Justice Palmer noted that he awarded the additional damages of $18,000 on the basis of 'the flagrancy of the breach, the importance of the music as a reason for customers' attendance over a significant period of time and contempt towards the copyright regime indicated by the defendants' behaviour'.
This case goes to show that if you're a business owner, you must consider whether you have a right to use third party intellectual property rights in all aspects of your business. Otherwise you could be exposing your business to unnecessary financial risk.
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