Do homeworkers need a music licence?

Any business which allows its employees to listen to music at work generally needs a music licence. But what if a homeworker plays music in the background whilst they’re working - must you obtain a music licence for them?

Music licence rules

Any business which plays music for its employees or customers through the radio, digital devices or TV must have a music licence to be legally compliant. That’s because this activity is deemed to be “a public performance” of music and it triggers copyright laws.

Previously, businesses were required to obtain separate music licences from the PPL and the PRS for Music. They have now united to form a single organisation - called TheMusicLicence - which oversees all music licensing.

Few exemptions

Within the workplace setting, there are very few music licensing exemptions. The one time you won’t need a music licence is where an employee listens to music through headphones.

But what’s the situation where an employee who is working from home plays music in the background? Are you legally required to obtain a music licence for them or not?

Background sounds

There is no requirement to obtain a music licence where an employee works from home “on their own within a private residence” . So, they can sit at home with the radio blaring away and there won’t be any problem here from your perspective.

But what if the music or radio station can clearly be heard in the background when they make or receive calls, either with colleagues or third parties, such as customers, clients and members of the public?

Over the phone

The PPL and PRS for Music say that where a homeworker is working alone and the music is “not made available to any visitors/customers coming onto the premises” , they have a discretionary policy of not apply a licensing charge.

Thus, as the person at the other end of the phone doesn’t physically come onto the homeworker’s premises, the requirement for a music licence is not triggered in this situation (but the PPL and the PRS could change their policy in the future).

Tip. However, if you provide a telephone facility whereby callers hear commercially-released music when they are put on hold, even momentarily, it is likely that you will need to obtain a music licence.

Staying professional

Whilst a homeworker who listens to music is unlikely to cause you any music licensing problems, this practice could easily appear unprofessional depending on the volume or choice of music.

Tip. You can’t really ban a homeworker from listening to music in their own home, but you could have a rule which says that homeworkers can only play music at a reasonable volume or must press “pause” during all work-related calls.

You don’t need to obtain a music licence where a homeworker works alone in their own private residence, even if their choice of music or radio station can be heard during telephone calls. However, if they have a facility which plays commercially-released music when a caller is put on hold then a music licence is generally required.