Acoustic nights and live music performances at cafes are becoming increasingly popular. Many cafe owners believe that singers performing covers of popular songs are simply for customer enjoyment and therefore don’t need to ask permission from the author. However, from an intellectual property law perspective, using musical works for public performance may incur the obligation to obtain permission and pay royalties. So, Do I need permission from the author to perform a song at a cafe? Let’s find out in the article below!
What is considered a song performance at a cafe?
A song performance at a cafe is an activity where singers, bands, musical groups, or individuals directly present musical works to customers at the cafe. This form of performance can take many different forms such as acoustic nights, live music, mini-shows, cultural exchanges, or regularly organized performances to attract customers.
Currently, many cafes choose to organize musical performances as a way to highlight their business. Whether the program is held regularly or only on special occasions, whether customers have to buy tickets or simply use the cafe’s services to enjoy the music, this is still considered an activity that brings musical works to the public.
According to Clause 1, Article 20 of the Intellectual Property Law, the right to perform a work before the public is one of the property rights that are exclusive to the author or copyright owner. This means that using a song to perform at a cafe is not simply an entertainment activity but also an act of exploiting a work protected by law.
The concept of “performing before the public” is understood as presenting a work in a place where many people can access and enjoy that work, outside of the family or close circle of acquaintances. Coffee shops are businesses open to customers, so musical performances held there are generally considered public performances of works as defined by law.
In reality, many shop owners believe that singers performing cover versions of popular songs is simply to entertain customers or create a pleasant atmosphere, and therefore doesn’t involve copyright issues. However, even without charging separate fees for music or extensive advertising, performances can still bring commercial benefits to the shop by attracting customers, increasing revenue, and enhancing brand value. Therefore, the use of copyrighted songs in performances at coffee shops needs to be considered from an intellectual property law perspective.
Therefore, before organizing live music nights or performances, cafe owners need to thoroughly research the regulations related to copyright to ensure that the exploitation of musical works is done legally, avoiding the risk of disputes or copyright infringement penalties.
Does performing a song at a coffee shop require the author’s permission?
It is becoming increasingly popular for cafes to organize acoustic music nights, perform live music or invite singers to interact. However, besides the artistic and customer experience factors, many restaurant owners still wonder whether using famous songs in these programs requires permission from the author or not.
According to point b, clause 1, Article 20 of the Intellectual Property Law, the property rights of the author and copyright owner include the right to perform the work in public. This means that only the author or copyright owner has the right to allow others to use the work for public performance.
In addition, Clause 3, Article 20 of the Intellectual Property Law stipulates that when organizations and individuals exploit or use property rights to works, they must obtain permission from the copyright owner and fulfill the obligation to pay royalties, remunerations or other material benefits according to regulations.
Therefore, when a coffee shop organizes a music program and uses songs that are protected by copyright, the shop owner or organizer must in principle ask for permission from the copyright owner or the copyright collective representative organization authorized to manage those works.
In fact, many people believe that only ticketed shows have the obligation to ask for permission from the author. However, the law does not limit the concept of public performance to paid commercial events.
As long as the musical work is performed in a location accessible to the public, such as a coffee shop, tea room, performance stage or public event, the activity can be considered a public performance. Therefore, even though customers do not have to buy tickets to enjoy the program, the cafe may still have to fulfill obligations related to copyright according to the law.
Does the coffee shop owner or singer have to ask permission when a song is performed in a coffee shop?
Who is responsible for asking permission to use a musical work depends on the entity organizing and exploiting the performance program. In fact, this obligation often belongs to the event organizer or performance venue business unit.
For music nights organized by coffee shops, the shop owner is often the one who invites singers and bands to perform to serve customers or attract guests to the shop. In this case, the restaurant owner or program organizer is usually the subject who requests permission to use the work and pays royalties to the copyright owner according to the provisions of law.
Currently, licensing procedures to use musical works are often carried out through collective copyright representative organizations authorized to manage rights, helping users of the work not have to directly contact each individual author or copyright owner.
However, not all cases are responsible for the shop owner. If a singer, band or individual performer organizes their own program or exploits their work for business or profit purposes, they may also have to fulfill their own obligations to ask for permission and pay royalties. In case of using a work without the consent of the copyright owner, the violating individual or organization may be held legally responsible according to current regulations.
Above is the article ” Do I need permission from the author to perform a song at a cafe?”. Complying with copyright regulations not only helps avoid legal risks but also shows respect for the creative efforts of musicians and work owners.
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FAQ
Works whose copyright has expired or are in the public domain may be used without permission. However, users still need to respect the author’s personal rights according to the law.
In addition to complying with copyright regulations for performed songs, organizers also need to pay attention to regulations related to artistic performance activities, contracts with artists and other legal obligations, if any.