Music Broadcasting in Restaurants and Cafes: Is a MESAM License Alone Sufficient?

Recently, there has been a significant increase in copyright licensing inspections and warning notices sent by professional associations to restaurants, cafes, hotels, and similar businesses. Many business owners, particularly those who only offer radio, television broadcasts, or music streaming via YouTube, are questioning whether they are also required to obtain copyright licensing.

According to the Law on Intellectual and Artistic Works No. 5846 ("FSEK"), the rights of authors to represent and publicly transmit their works are protected. Therefore, playing a musical work to customers via loudspeakers in a restaurant, cafe, or similar public place is not considered merely individual use, but rather the exercise of a separate financial right. Consequently, such actions, which are evaluated within the scope of the rights of "representation" and "public transmission," generally give rise to a licensing obligation.

Furthermore, according to the Implementing Circular of the Regulation on the Qualifications of Tourism Facilities, establishments that broadcast music are required to obtain a "Music License Certificate" from federations authorized by the Ministry, and the lack of this certificate poses a risk even in terms of operating licenses.

Therefore, in order for businesses to continue broadcasting music, they need to enter into written contracts with rights holders or the professional associations representing them, in accordance with the regulations of the Copyright Law.

Is the defense "I'm just doing radio broadcasting" legally valid?

One of the most common defenses in practice is that the establishment only broadcasts radio and does not use music. However, it is important to note that broadcasting only radio does not eliminate the licensing obligation. In this context, in order for establishments to continue broadcasting music, they must enter into a written contract with the rights holders or their representative professional associations in accordance with Article 52 of the Copyright Law.

In other words, the fact that a radio station has its own broadcasting license does not relieve the operator of the obligation to obtain a separate license.

On the other hand, subscriptions to YouTube, Spotify, or similar platforms do not, by themselves, constitute a license for commercial use. Since most of these platforms are based on individual use, if music is to be broadcast to customers within a business, it may be necessary to request a separate license from professional associations.

Co-licensing through the Music Industry Federation (MSF)

One of the most frequently asked questions in practice is whether it is sufficient to have a contract only with the Turkish Music Copyright Holders' Association (MESAM). In our opinion, the most important point to consider here is that in the use of music, not only the rights of the copyright holder but also related rights come into play.

Because if a musical work is used in a business:

• rights of composers and lyricists,

• rights of performing artists who sing the song,

• rights of phonogram producers

They are protected separately.

In this context:

• On behalf of MESAM and MSG copyright holders,

• On behalf of MÜYORBİR performing artists,

• MÜ-YAP, on behalf of the producers

They can pursue legal action.

Therefore, a contract with MESAM alone may not provide full protection in all categories of rights in every case. In practice, it is also observed that different professional associations make separate licensing or compensation claims.

For this very reason, the "joint licensing" model has come to the forefront in recent years. With the system developed under the umbrella of the Music Industry Federation (MSF), the licensing of the repertoires of different professional associations under a single authority has become a priority.

The main purpose of this system is to prevent businesses from having to enter into separate contracts with each professional association and to provide them with broader legal protection through a single point of contact. Especially in practice, since contracting with only one association can lead to separate claims from other rights holders, the joint licensing model is considered a lower-risk method for businesses.

Pricing is determined based on tariffs that take into account criteria such as the business's class, square footage, and capacity.

Legal Responsibility and Risks

In case of unauthorized use, in addition to the license fee, there may be risks such as compensation claims up to three times the market value under the Law on Intellectual and Artistic Works, preliminary injunction proceedings, criminal sanctions (imprisonment/fines) in some cases, and other legal risks depending on the nature of the business.

Consequently, broadcasting music via radio, television, YouTube, or digital platforms in restaurants, cafes, and similar establishments incurs copyright licensing obligations. In this context, it should be carefully considered that a contract with only one professional association may not always provide sufficient protection, and that joint licensing systems may offer a more secure structure for businesses. Legal support should be sought throughout the relevant processes to avoid any loss of rights.