Public Performance of Royalty-Free Classical Music – Is a License Required?
Many people ask whether playing classical music in public spaces (restaurants, hotels, cafés, spas, massage centers, etc.) is legal.
A common misconception is that since businesses are playing compositions by deceased composers, their music is no longer protected by copyright law. Therefore, business owners assume they can use such music as background audio without paying public performance royalties to collective management organizations (such as ΕΔΕΜ).
While this argument is partly correct—musical compositions by classical composers who have been deceased for over 80 years are indeed in the public domain, meaning anyone can use them for arrangements or other creative purposes—this does not mean that playing these works in public is always legal without a license.
Classical Music and Public Performance Without a License
To understand why public performance of classical works may still require a license, it’s important to distinguish between two types of rights in music:
- Copyright related to the composition (intellectual property rights)
- Rights related to the recording of the composition (neighboring rights)
Composition Rights and Public Performance
The composition rights pertain to the written musical work itself—the notes, chords, and anything that can be transcribed onto sheet music. For example, Beethoven’s Symphony No. 5 exists as a published score, preserving the original composition. Since Beethoven’s work is in the public domain, any orchestra can perform it freely.
Recording Rights and Public Performance
Now, imagine five different orchestras recording Symphony No. 5 in a studio. Each of these recordings is protected under neighboring rights, which belong to the performing orchestra and the record label. This means that even though the composition is free to use, the specific audio recordings are not. If a business wishes to play one of these recordings in a public space, they must obtain a license from the respective orchestra or from a collective management organization that represents their rights.
How to Play Classical Music Without a License
The only way to legally play classical music in a public space without requiring a license from collective management organizations is to use recordings from orchestras or musicians who are not affiliated with any rights management organizations.
