HOW TO LEGAL USE MUSIC
Do you know that every song has copyrights, Using music from unauthorized sources for commercial purposes e.g. reproduction, downloading into your computer, or illegal CD could constitute a copyright infringement. You may be an infringer without realizing it.
Business venues using music for commercial purpose should consider the following factors:
1. Since each song is copyrightable, playing and/or reproducing (copying) any song to use in business venues for commercial purpose needs permission from the copyright owners of sound recording (music) or audio-visual (music video.) You can check for songs controlled by members of Phonorights “PNR” at Song Searching. For more information: firstname.lastname@example.org tel. 02 203-1002-3 ext. Legal Team.
2. Business venues are anywhere including to restaurant, store, shopping mall, hotel, pub/bar, karaoke, fitness, spa, salon, blowing, hospital, theater, and airlines etc.
3. In case you already have the legitimate CDs or DVDs, you can use it for your personal entertainment only. To play in business venues for commercial purpose, you need a license for communicate the music to public. And if you reproduce(copy) those songs onto the computer, system, mobile phone, or any devices in order to play music, you also need permission additionally.
4. Generally, the online streaming or downloading services such as Spotify, JOOX, Apple Music, or online radio, including Video on Demand e.g. YouTube, Tik Tok in business venues shall have license for personal use only. They do not be allowed for using the copyrighted songs for communication to public and/or their reproduction (copy) for commercial purpose. Therefore, you cannot use, play, or download music from those services to use in business venues for commercial purpose. Please check information, terms and conditions for each service or platform with the copyright holders or representatives before any uses to avoid any infringement.
Since music industry has completely transferred into digital era, accessing and listening to music is more convenient. However, we are wondering whether you do know which songs are legally authorized, which are involved to infringement, which are under certain condition or limitation or which are not permitted to use? Moreover how you do know those songs are included in your license from the legitimate organization/ company or agent including the music of Phonorights “PNR” members. In case you have already obtained a license for reproduce or communicate music to public from a legitimate organization, company or representative of a copyright owner, using music from those online services may still constitute an infringement because some songs may not be controlled under the legitimate organization/company, agent, or Phonorights (Thailand) Co. Ltd. (“PNR”). prevent from infringing copyright unintentionally, please ask for the music files to play in your business venues from the organization/company, or agent before making any payment. Also, asking how they will be responsible if any counter claim, causing you to get arrested, being fined and/or liable for any damages, being claimed royalties from the accurate copyright owners later. Please investigate the detail for using music file legal at Phonorights (Thailand) Co. Ltd. “PNR” that provides “MDS: Music Delivery Service” to deliver music of our members.
5. To facilitate the licensee of Phonorights (Thailand) Co. Ltd. “PNR”, you can check our members’ music from our website :http://phonorights.com/musicbx-cms/song_search.php?language=TH&page=song-searchor e-mail email@example.com
6. When agents or representative demands for copyright royalties from your business venues, how can you check whether those persons are the accurate agent from the organization/company or legitimately authorized from the copyright owner? You can proceed with following steps:
- 6.1) Requesting them to declare name, assigned organization/company and agency’s ID card (in case of the right to communication to public) including to name, address, telephone number of their organization/company and agent. You can check from website: Department of Intellectual Property (http://www.ipthailand.go.th/th/copyright-010/category/รายชื่อบริษัทจัดเก็บค่าลิขสิทธิ์เพลง-2.html)
- 6.2) Asking for the controlled recording companies and song list that they represent, including contact information of copyright owners to verify the information. You can also ask for the company website to verify.
7. Do not believe and pay to a person or organization/company agent who claim to provide you protection against any copyright royalty claims or selling you sticker as a sign of protection if they cannot provide the controlled music. Those actions ca not release you from being liable for a copyright infringement.
8. You can check information about the members and tariff of Phonorights (Thailand) Co. Ltd. “PNR” also how to obtain a license or permission of sound recording reproduction (MDS: Music Delivery Service) and communication to public for business at Phonorights (Thailand) Co. Ltd. Tel: (02) 203 1002 #105 , Music Delivery Department (MDS), e-mail: firstname.lastname@example.org, website: http://phonorights.com