Yes, as part of a broadcast/radio service streamed (for a price) to many different stores?
After discussing with the legal team, here’s the answer:
- Streaming standalone music would be considered “re-distributing or making available the music as-is”, where simply changing the transmission format (e.g. download vs. stream) is only a superficial modification at best, and is therefore a restricted use. In other words, putting the music on a physical device or network service and providing other stores/locations use of the music is essentially the same thing as putting the music on a CD and handing it out (be it paid or for free), which we expressly do not permit.
- Playing background music in a local store / public space (or at an event, presentation, theatrical play, etc.) however is allowed as it is a performance, e.g. played directly over loudspeakers, and not considered a re-distribution of the content.
In summary, you can license a track and play it in your own store / location as standalone background music, but you can not re-distribute the music as-is by streaming or any other means either for 3rd party playback or any other purpose.
This is something we will be considering and defining further in our audio licensing project we are currently working on.
That’s great news to hear Eric. Thanks for following up on this and coming back with a well reasoned answer.