Music Licensing Essentials for Fiji Businesses
By Jernese Macanawai
Playing music in a public, commercial setting in Fiji requires a valid music licence administered by the Fiji Performing Rights Association (FIPRA).
FIPRA, which ensures songwriters and composers are paid fair royalties for their work, charges more than FJ$100 a year in fees for a single music licence.
Restaurants and buses now display a FIPRA “Licensed to Play Music” sticker to show compliance and support for music creators.
Noellie Garand, owner of French cafe-restaurant CHEF PHILIPPE in Suva, bought a music licence just a few months after opening last year. Noellie paid around FJ$116 so she could play music by Fijian artists at her business and show “respect for their intellectual property,” she tells Pacific Makete.
“It is common sense as well. We play the Fijian radio channels, mostly early in the morning and towards the end of the day. The money collected by FIPRA is distributed among Fijian artists. “
CHEF PHILIPPE is among dozens of businesses — including restaurants, cafes and bus companies — that have purchased licences over the past several months. FIPRA says the number is expected to grow as the initiative continues to roll out.
Applying for music licences
The process to apply for a music licence is simple. Application forms are available on the FIPRA website in the ‘Get Licenced’ section under ‘Music Users’.
Music licences apply to the following categories:
- Local event organisers hosting casual public performances featuring local and international artists;
- Taxi drivers who play music in their vehicles for passengers;
- Businesses that play music for telephone callers on hold;
- Businesses that play background music, radio, normal screen TV, large screen TV, audio jukebox, or video jukebox;
- Hotels that play music on their premises; and
- Individuals and organisations hosting live performances
Completed forms along with the appropriate fees can then be returned to FIPRA.
Commercial vs Personal Music Use
Amid concerns around the scope of enforcing licensing requirements, FIPRA has clarified that a music licence is not required for personal or private use of music.
So if you’re listening to music on your personal device without broadcasting it for the public to hear it — you do not need a music licence.
Event organisers, hospitality venues, businesses and transport services, however, must pay fees to be able to use and play music for their customers or the general public.
“If someone is simply listening to music privately at home or for personal enjoyment, this is considered domestic use and does not require a licence,” says FIPRA Licensing Representative, Wise Delana. “The licence is required only when music is communicated or performed to the public.”
Will FIPRA Go After Non-Compliant Businesses?
FIPRA will not chase businesses for music licensing fees, but may “escalate matters under copyright law” if non-compliance continues, Delana says.
“FIPRA’s role is to monitor and encourage compliance with music copyright laws. If music is played publicly without permission, it may be considered a breach of copyright law under the Fiji Copyright Act 1999. FIPRA may contact the business and request them to obtain the appropriate licence, issue warnings or notices of non-compliance. If the matter is not resolved, legal action may be taken because public performance without permission can be a civil or criminal offence under copyright law.”
Delana maintains that FIPRA’s primary goal is ”compliance rather than punishment” in pursuit of ensuring music creators are fairly compensated for the public use of their work.
