If you are the owner of a cafe, shop, menu restaurant or other commercial establishmentyou may be wondering if you should pay APDAYC for the music that you play in your establishment. Music is a key element that improves the customer experience and creates a pleasant atmosphere, but it also has legal implications. In this article, we will explain in a simple and detailed way whether it is necessary to make this payment and how it affects your business.
The Peruvian Association of Authors and Composers (APDAYC) is the entity in charge of managing the copyright of musical works in Peru. If you use music in your establishment, it is essential to know the regulations and possible associated costs. For this reason, La República interviewed Juan Ñahue, a lawyer specializing in intellectual property, to obtain more information on this subject and avoid sanctions that harm your business.
Does APDAYC charge me for the music I play in my business?
The specialist Ñahue points out that APDAYC You may charge for the use of copyrighted music in commercial venues, provided the following conditions are met:
- The business must use music in a public manner, that is, to entertain customers or to promote products.
- The use of music must generate a profit or benefit for the business.
What can I do if I DO NOT want to pay APDAYC?
There is music that can be used freely without payment, but it is always advisable to check with APDAYC to certify that the music is not copyrighted.
However, if you have difficulty finding this type of music, Indecopi has a list of music that is in the public domain, meaning you do not have to pay royalties for using it.
“These musical works are those whose copyright has expired because more than 70 years have passed since the author’s death. It is important to note that even if a musical work is in the public domain, certain interpretations of that work may still be protected by copyright. In that case, it would be necessary to obtain a license or pay royalties to use those specific interpretations,” explains attorney Juan Ñahue.
How is the fee APDAYC charges for playing music in your venue calculated?
Ñahue points out that the fee charged by APDAYC for the use of music is calculated based on the type of establishment, its capacity and the type of music used.
What happens if I don’t pay APDAYC for using music in my business?
APDAYC conducts on-site visits to various businesses to verify whether copyrighted music is being used and, if the owner is not paying royalties, they could receive a violation.
“If a person reproduces without the consent of the owner, he or she would be infringing intellectual property rights, and in this sense, Indecopi is the competent authority to act. In the first instance, the Copyright Commission can sanction these types of cases,” explains the specialist.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
