The answer is yes, of course, you can.
Whether you should or not is a totally different matter… basically because it is highly illegal.
Did you know, playing music without paying the appropriate licensing fee can and WILL incur massive penalties?
These range from $60,500 for individuals right up to over $300,000 for companies, and imprisonment is not out of the question for repeat offenders.
And Copyright lawyers employed by Music Companies actively pursue those who wilfully – or even unknowingly – break the law.
“But surely the radio is in the public domain,” you might think, but you’d be wrong.
As card-carrying members of APRA (Australasian Performing Right Association) and AMCOS (Australasian Mechanical Copyright Owners Society), radio stations are licenced to broadcast any song they want.
You, however, are not; you are simply re-broadcasting the music and that requires a separate licence.
It’s the same story with MP3 players.
Unless you have paid for the rights to play that music – and by that we mean EVERY track – once again, you are at risk of prosecution.
Two excuses for playing non-licensed music that will not stand up in court.
1. But…doesn’t everyone do it?
If they do, they will be in trouble sooner rather than later.
It is in the interests of music producers, music companies and their lawyers to litigate, and they will eventually crosscheck music they hear on hold with their records.
Ignorance of the law is never an acceptable excuse.
2. But…my Message On Hold Company was taking care of the music licensing!
Sorry, that argument also will be quickly shot down in a court of law.
Even if you use an on-hold service, the onus is still on YOU to ensure that all music played is licensed.
Naturally, that won’t happen if you do what dozens of Australian corporations like Coca Cola, QANTAS, AMP, and McDonalds have done and commission McGirvanmedia to provide quality original music on hold.
All of our music is copyright free. We commissioned it and own it so you don’t need to pay any Amcos / Aria /PPCA fees etc…
or worry about being taken to court.
For more information and advice about Messages On Hold, Music On Hold or IVR, contact the friendly, helpful team at McGirvanmedia today.