Public Performance Right
Recht der öffentlichen Wiedergaberätt till offentligt framförandedroit d'exécution publiquerecht van openbare uitvoering
The exclusive right of a copyright holder to authorize (or prohibit) performances of their work in public spaces, including playing recorded music in commercial venues.
In the context of commercial background music, a "performance" occurs every time a recorded song plays through speakers in a business setting where members of the public are present. This includes:
- Music played in a restaurant dining room
- Background tracks in a retail store
- Music during group fitness classes
- Hotel lobby and bar music
- In any space where the public or employees can hear the music
**Two separate rights apply to every recording:**
1. **Composition right** — the melody and lyrics of the song, owned by the composer and lyricist (or their publisher). Administered in Europe by societies like STIM (Sweden), GEMA (Germany), PRS for Music (UK), and in the USA by ASCAP, BMI, SESAC, and GMR.
2. **Neighbouring right (sound recording right)** — the specific recorded performance on the track, owned by the record label or performing artists. Administered by societies like SAMI (Sweden), GVL (Germany), PPL (UK), and SoundExchange (USA).
Both rights must be licensed separately in most countries. Some countries have simplified this through joint licensing schemes: TheMusicLicence (UK, PPL + PRS), OneMusic (Australia), Unisono (Belgium), or STIM/SAMI joint webshop (Sweden).
**Track Studios and the public performance right:** Track Studios' AI-generated catalog is not registered with any collecting society. The music is owned entirely by Track Studios. When a venue plays Track Studios' included catalog, they are exercising Track Studios' performance rights — which are already covered by the Track Studios subscription. The venue does not need to obtain additional licences from STIM, GEMA, PRS, ASCAP, or any other collecting society for the included music.
Business Relevance
Any business playing recorded music in a public-facing space — restaurant, gym, shop, hotel — is exercising the public performance right of the music's creators. This right must be licensed, typically through a collecting society (PRO). Using Track Studios' AI catalog eliminates this requirement for the included music.
Synonyms: performance right, public performance license