The guide
Background music without a OneMusic licence — lawfully, for your venue
In New Zealand, publicly performing recorded music at your premises normally requires a OneMusic NZ licence — a single joint licence covering songwriters and publishers (APRA AMCOS) and performers and record labels (Recorded Music NZ). There is a lawful alternative: playing music outside that repertoire under a direct licence from the rightsholder. Because Tonarch holds the rights in both the works and the recordings, and neither is registered with APRA AMCOS or Recorded Music NZ, playing only the Tonarch repertoire falls outside the OneMusic NZ licence — you do not need a OneMusic NZ licence for the Tonarch repertoire. Under s.105 of the Copyright Act 1994 (NZ), the right in a sound recording is not infringed by public performance if equitable remuneration is paid to the copyright owner; this certificate is the direct licence that discharges that statutory obligation in respect of the Tonarch repertoire. If a OneMusic NZ inspector contacts you, present this certificate and the repertoire annex as evidence that your music is outside their repertoires — it is documentation, not a OneMusic NZ declaration. You remain responsible for obtaining appropriate licences for any non-Tonarch music you play — radio, television, streaming or staff playlists.
What you pay today
Today, playing music in a venue usually means fees to one or more collecting societies:
- OneMusic NZ (APRA AMCOS + Recorded Music NZ)
A Tonarch licence from NZ$650 / year per location — one predictable fee, anchored to what you pay now.
The legal basis of direct licensing
Collecting-society fees apply to works within those societies' repertoire. When the rightsholder grants a direct licence and the works are registered with no society, no society royalties arise from playing them publicly. That is the model Tonarch operates on.
The inspection scenario
If OneMusic NZ contacts you, you present your Tonarch Licence Certificate — issued to your venue by name and address — with the repertoire annex listing every track. It names the rightsholder and confirms the works sit outside OneMusic NZ repertoire.
FAQ
- Do I really not need a OneMusic licence?
- OneMusic NZ covers the APRA AMCOS + Recorded Music NZ repertoire. Tonarch music is licensed directly and is registered with neither, so playing only the Tonarch repertoire falls outside the OneMusic NZ licence. You remain responsible for any other music you play.
- What do I show if I'm asked?
- Your Licence Certificate, issued to your venue by name and address, plus the repertoire annex listing every track. Both are delivered the moment you buy and can be printed or shown on screen.
- Am I buying files or a right?
- You are buying the right to play the listed works publicly in one named location. Files are delivered, but the product is the ongoing right plus the documentation. If the licence ends, the right ends.
Informational, not legal advice. Tonarch holds the rights in both the musical works and the sound recordings, and neither is within the APRA AMCOS or Recorded Music NZ repertoires — so you do not need a OneMusic NZ licence for the Tonarch repertoire. Under s.105 of the Copyright Act 1994 (NZ) the right in a sound recording is not infringed by public performance if equitable remuneration is paid to the copyright owner; this certificate is the direct licence that discharges that obligation for the Tonarch repertoire. Present the certificate and annex as documentation if OneMusic NZ asks — it is evidence, not a OneMusic NZ declaration. Any other music you play — radio, television, streaming services, live performance or staff playlists — remains your responsibility and will generally require a OneMusic NZ licence. Confirm the requirements for your own situation.