I bought 10 songs and played in a restaurant for 2 days, (Brazil) they are charging me for the copyright payment. But as the license itself says: Copyright free audio tracks. What should I do?
Some important notes.
Its a background ambient music.
There’s no brand envolved.
All the tracks are bought 2 months erlier.
Instrumental christmas music.
You might want to read clauses 17 and 18 regarding public performance rights
And there is no “Copyright Free” track. Every track has a copyright owner.
You say “they are charging me.” Who exactly is charging you? Is it one of the performing rights organisations in Brazil?
No, it certainly does not say “copyright-free”. Authors retain their copyright.
What you are asked to pay is “performance royalties” for the public performance of the music.
Unfortunately your use of the music, played as background for a restaurant is typically the type of use where you, as the venue owner, are impacted by the collecting of performance royalties.
Not much you can do about it.
I think I wrote it wrong. You right. They are charging me for royalty, not for copyright. Copyright is totally ok. Fully instrumental songs, playing in the background. If they’re charging me royalties, what exactly did I pay when I bought the songs?
Music contains different copyright types. When you pay here, you buy a one time license to use the piece in media as stipulated in the license. For example: a Youtube video.
However every musical piece also contains a composition copyright. A lot of authors register their music with so called collection agencies who collect money from broadcasters worldwide. In about 95% cases of use, other companies/ tv stations, venues as well as websites like YouTube/ Facebook/ instagram already pay this broadcast fee and you the buyer of the license here doesn’t have to pay anything else. In your case, as a restaurant owner, you fall in the 5%…
Because you technically broadcast the music.
You should check with the collection agency what you can broadcast after paying their fee. It could very well mean you can just play CD’s / radio or any other music in the background.
Heres The Licencse.
LICENSE CERTIFICATE: Envato Elements Item
This license certificate documents a license to use the item listed below
on a non-exclusive, commercial, worldwide and revokable basis, for
one Single Use for this Registered Project.
Item Title: For Christmas
Item URL: Download For Christmas Royalty Free Music Track
Item ID: JKHUH7U
Author Username: FlorewsMusic
Registered Project Name: XXXXXXXXXXX
License Date: September 27th, 2022
Item License Code: 3ECUFR9AH4
The license you hold for this item is only valid if you complete your End
Product while your subscription is active. Then the license continues
for the life of the End Product (even if your subscription ends).
For any queries related to this document or license please contact
Envato Support via https://help.elements.envato.com/hc/en-us/requests/new
Envato Elements Pty Ltd (ABN 87 613 824 258)
PO Box 16122, Collins St West, VIC 8007, Australia
==== THIS IS NOT A TAX RECEIPT OR INVOICE ====
I understand perfectly. Can I contact Envato and pay the brodcast fee directly for the owners and have a new licence for new projects?
Thank you for your help and support!
Envato has nothing to do with the Performance Right Organization that is asking you to pay the performance royalties. No license on Envato act as waiver for the performance royalties. As the venue owner, it is your responsibility to abide to your country’s laws and policies regarding performance royalties and how they are collected.
I think you first need to review yours country’s laws and policies regarding performance royalties and how they are collected and then decided what to do