Using music in public? Not as complicated as banana language but make sure you don’t slip.

As a matter of fact, songs are often protected under copyright law. This means that their use is not automatically permitted. It is therefore essential for event organizers, business owners, institutions and, more generally, anyone wishing to use a song in the context of its activities to understand the applicable legal framework and to obtain the necessary permissions in advance, so that they can enjoy and share music freely without a fine or penalty waiting for them around the corner.  

In principle, playing music in public requires consent from the copyright holder directly or from a collecting society acting on their behalf (such as SABAM, SIMIM and PlayRight in Belgium). Importantly, this requirement applies even if the music is played via a paid streaming service or digital platform, as most consumer subscriptions are licensed for private use only and do not cover public communication or commercial exploitation. A restaurant, shop, gym or event venue therefore cannot rely on a personal streaming account to lawfully broadcast music to its customers or audience. 

A recent and striking illustration of the strict application of these rules arose in the run-up to the 2026 Winter Olympic Games. A figure skater had initially selected music from Minions for his routine. Shortly before the competition began, however, it became apparent that the necessary copyright authorization for public communication had not been secured. As a result, he was forced to abandon the soundtrack he had trained with for months and to switch to alternative music at the very last moment. Fortunately, whether due to media attention or other factors, the required permission was ultimately obtained. This illustrates in a particularly concrete manner copyright in its full force. The uncertainty hanging over the athlete was undoubtedly far from an ideal preparation for an Olympic performance. 

Copyright-protected songs are works safeguarded by copyright law from the moment of their creation. This protection grants authors a bundle of exclusive rights, including in particular the right to authorize or prohibit their public communication and their reproduction. While the core principles of copyright protection are broadly harmonized at the international and European level, the concrete rules governing public communication of music may differ slightly depending on the jurisdiction concerned. Thresholds, exemptions, tariff systems, and enforcement mechanisms can vary from country to country. It is therefore essential to verify the applicable regulations in the country where the music will be played in order to ensure compliance and to avoid potential sanctions, claims for damages or reputational harm. 

There are several ways to become copyright compliant. You may contact the relevant copyright holders directly, obtain a license through the competent collecting society, or rely on specialized platforms and service providers that seek to secure the necessary clearances on your behalf. Each option comes with its own practical and financial implications, depending on the type of event, the size of the audience, and the nature of the music used. In any case, before throwing a public dance party or delivering the performance of your life at the Olympics, it is crucial to identify who owns the rights to the music and to ensure that the required permissions have been properly secured. 

Respecting copyright is not merely a legal obligation; it is also a way of supporting the artists. By obtaining the appropriate authorization and paying the necessary compensation, artists can continue to make music that is able to move people for generations to come.  

Do you have questions about copyright law or any other intellectual property matter? Contact us at info@dcp-ip.com.