FREQUENTLY ASKED QUESTIONS
Is Copyright Infringement illegal?
Yes, copyright infringements are illegal. The copyright owner can take legal action to stop infringements of his/her rights and claim damages. The Courts have the power to award additional damages where there has been a flagrant breach of copyrights. The Act also makes provision for criminal sanctions for infringements.
Who Needs a Music License
Any person, entity, or venue that plays and/or broadcasts sound recordings/music in public must get a licence from SAMPRA.
Do I Need a Music Licence?
In terms of the Act, permission is needed from the copyright owners, those who create, record, and publish music, to play or perform their music in public (this means in any other context than a domestic one).Therefore, if you play or perform music in your business or organisation, you will need a licence. Instead of contacting thousands of copyright owners individually for permission to play or perform their music, having a license with SAMPRA gives you than permission in a single, simple transaction.
What music can I play or perform with SAMPRA’s Licence?
SAMPRA’s licence gives you the right to play and perform all the music that SAMPRA can license on behalf of its members (its repertoire). When obtaining a licence with SAMPRA, your rights and obligations are set out in the SAMPRA communicating to the public’s terms and conditions, including your obligation to pay a royalty and to provide SAMPRA with the information 2 required under the applicable tariff to assist SAMPRA in calculating that royalty.
What happens if I continue to play or perform music in public without a licence.
It is your responsibility to ensure that you are properly licensed for any music use outside of a domestic setting. Playing or performing music without the appropriate licence could amount to copyright infringement.
What does playing or performing music in “public” mean?
Broadly speaking, this includes any presentation of music outside of a domestic setting. For example, it will include using music in the following ways as part of your business or organisation for the benefit of customers and/or employees, playing recorded music via any device, including the radio, streaming, downloads and recorded music (e.g. CD). All such uses of music require a licence from SAMPRA which will give you the requisite permission, covering the vast majority of commercially released music.
If I have already purchased the music, why do I need to pay for a licence?
Purchasing music either digitally or on a CD, record or tape permits you to listen to it at home for your personal use. Once the music is played outside your home as a public performance, then you will need to obtain a licence.• The licence fee depends on a number of factors, such as the size of the business (area the music is audible), whether the business takes a corporate licence for its branches and the ways the music is used.
I only play the radio, why do I need a licence?
If you are playing the radio in your business or organisation, you need to have a licence. Although the radio stations pay SAMPRA for the music and for the right to broadcast it, it does not include public performance. A licence 3 with SAMPRA allows you to legally play music to employees or customers in your business or organisation.
The music is only for the employees, do I still need a licence?
If you are playing music in your business or organisation for employees, then you need to have a licence. Music that is played outside of a domestic environment is classified as a public performance, even if the music can only be heard by employees in the workplace. A licence with SAMPRA gives you permission to play music in your business or organisation.
I am only using the radio for talk shows and other similar broadcasts, why do I need a music licence?
You will need to obtain a licence with SAMPRA for the public performance of radio programs if music is contained within the programs. A licence with SAMPRA covers your premise(s) for this type of radio programs as well as for most other types of radio broadcasts.
How much could your music licence cost?
The cost of a licence with SAMPRA will depend on a number of factors including the type of venue where the music is played and how you use music in your day-to-day operations. SAMPRA has a separate set of licensing tariffs that cover different sectors or ways of using music. To view the tariffs, visit the SAMPRA website at www.sampra.org.za or click on the following link - https://www.sampra.org.za/music-users/.
I have a SAMRO licence, why do I need a SAMPRA licence?
SAMRO administers performing rights which are rights of authors, composers, and publishers in musical works. The payment that music users pay to SAMRO only covers the copyright in the underlying musical work – 4 the composition itself. The payment that is made to SAMPRA is for the recorded performance of the underlying musical work. In other words, when you pay SAMRO, you pay a licence fee for the usage of the musical work that ultimately goes towards royalty payment to composers and publishers who are the owners of copyright in the musical works that you play. When you pay SAMPRA, you pay a licence fee for the usage of the sound recordings that ultimately goes towards royalty payment to the record companies, that have invested in making the recording of that song, as well as the artists who perform the songs.
SAMPRA is also available on social media under these accounts:
Where do I apply for a SAMPRA Music Licence?
You can apply for a SAMPRA licence by clicking on this link - https://www.sampra.org.za/music-users/application-form.
How is the licence fee applied?
The licence fee is distributed to the record companies and the recording artists as royalties after deduction of administration costs.
I am not playing South African music, do I need a SAMPRA licence?
SAMPRA’s repertoire (the music it administers) is owned by its members. The repertoire includes local and international music. SAMPRA has signed bilateral agreements with all major international CMOs which give SAMPRA the right to collect royalties in South Africa on behalf of their members.
My DJs have licences, why do I need a licence for my venue?
A mobile DJ licence does not cover the use of music in your premises. This licence grants permission to a DJ to perform and use commercial music at any event. The premises licence fee is determined differently, as an 5 example, it is determined by looking at the number of events where music will be used and the average attendance of the events.
For any further enquiries or assistance, please feel free to contact SAMPRA licensing@sampra.org.za.