The radio is on, customers hear music, and the shop owner assumes the broadcaster has already dealt with copyright. The broadcaster has—but its licence covers broadcasting the signal. Playing that signal to customers in a business is a separate use.
Where does the myth come from?
A radio station pays for the rights needed to broadcast music to its listeners. It is tempting to think that this payment follows the signal wherever it goes. In Polish copyright practice, however, private reception and public communication in a commercial venue are not the same thing. The shop benefits from music as part of the customer experience, so it is the shop’s use that also needs a legal basis.
What does the law say?
Playing protected radio music in a shop accessible to customers is generally treated as public performance or communication. The exact obligations depend on the repertoire and circumstances, but mainstream recordings commonly involve three layers of rights:
| Organisation | What it collects for |
|---|---|
| ZAiKS | composers’ and lyricists’ rights |
| STOART | performers’ rights |
| ZPAV | record producers’ rights |
The Polish broadcaster’s licence does not automatically cover the shop’s separate use. The same distinction can apply to internet radio. Volume is not decisive: quiet background music can still be public performance.
How much does it cost?
Tariffs depend on factors such as the type and size of the venue and the way music is used. For a small business, the combined annual cost may reach hundreds or more than a thousand złoty once the relevant organisations are included. See our ZAiKS cost breakdown and remember to verify current official tariffs.
A legal, less expensive alternative: music outside the ZAiKS repertoire
A business catalogue can be licensed directly for public performance. If the agreement clears the rights of authors, performers and producers, the venue pays one subscription for that catalogue instead of separate collective-management fees. It should also provide documentary proof of the licence.
Learn how music without separate ZAiKS fees works →
Questions and answers
Q: If the radio station pays ZAiKS, why must I pay too?
A: The station pays for broadcasting; your shop makes a separate public use of the broadcast.
Q: Does this apply to internet radio too?
A: Potentially yes. The delivery technology does not by itself grant business public-performance rights.
Q: What if the radio is very quiet?
A: Low volume does not automatically turn public performance into private listening.
Q: Is music outside the ZAiKS repertoire legal instead?
A: Yes, when the provider owns or has cleared all necessary rights and grants your business an appropriate public-performance licence.
Q: What if I simply play radio without a licence?
A: A rights organisation may seek unpaid fees or damages. Do not ignore correspondence; verify it and obtain professional legal advice where needed.
This article is informational and describes the Polish legal context, not the law of every country.
