Noel Leeming's chief operations officer talks to Ryan Bridge about the impact of Microsoft support for Windows 10 ending in October.
It was the day the music died at a Central Hawke’s Bay florist.
Waipukurau shop owner Francie Croy had thought the emails from OneMusic were a scam.
But when she got the phone call on June 17 – essentially explaining that she had to turn her phone music offat work until she obtained a licence for it – she found herself somewhat speechless.
Croy has run E-Central Flowers on Ruataniwha St for eight and a half years and said she had no idea that she needed to obtain a licence to play music until earlier this month.
She explained to OneMusic that in the past she had occasionally played some tunes and listened to talkback radio on her phone through iHeartRadio – specifically out the back of her store – but this was not very often.
“Out the back of my shop in a private room, I have listened to talkback radio, it would have been at least eight to 10 months since I played meditation music – no Christmas songs either.”
Francie Croy, was unaware she needed to obtain a music licence through OneMusic to play music in the store. Photo / Francie Croy.
After the phone call with OneMusic, Croy received a confirmation email the same day confirming she had agreed not to play music.
The email stated she could not play any music that was represented by OneMusic and that playing music in a business without a licence may constitute a copyright infringement.
Croy said she did not have any plans to obtain a licence in the future, as she felt it was simply another cost that retailers didn’t need.
“It just got up my nose ... I pay the rent on this shop, I pay rates on this shop, and I can’t even play music if I wanted to.
“We are getting hammered on every angle,” she said.
She shared her dilemma on Facebook with others in the community, with many people also unaware and shocked that a music licence was a requirement for business owners.
OneMusic director Greer Davies said earlier this month they had contacted E-Central Flowers to provide information about music licensing requirements in accordance with the New Zealand Copyright Act.
“During a follow-up conversation, the owner advised us that their business does not play music.
“Based on that information, we sent a follow-up email confirming the process for businesses that do not use music.”
Davies said in other circumstances, OneMusic sometimes had field representatives visit premises to clarify whether or not music was being used or not.
“We reach out to businesses to educate them on the importance of music licensing and to advise them of the risk of copyright infringement if music is being played.
“For every dollar OneMusic collects, an average of roughly 85 cents goes to our songwriters, composers and publishers as royalties.”
Under New Zealand law, businesses must obtain permission from music creators to play their music in a public or commercial setting.
This permission is required regardless of how you play music – whether it is through the radio, TV, CDs or digital music services such as Spotify, Apple Music or YouTube.
Davies said paying for a music subscription or purchasing music does not grant the rights to play that music in a business or public setting.
“Most music services, including Spotify, Apple Music and YouTube, are licensed for personal, private use only – not for commercial or public performance.”
Davies said if a business continued to use music without a licence and refused to engage, OneMusic might take legal steps, which involved gathering evidence of music use and ongoing communication with the business.
A licence charge is dependent on the industry of the business and how the music is being played.
The annual fee for the licence is based on the audible area of the premises, measured in square metres.
Michaela Gower joined Hawke’s Bay Today in 2023 and is based out of the Hastings newsroom. She covers Dannevirke and Hawke’s Bay news and loves sharing stories about farming and rural communities.
