Trappist Picture Framing ? The Music Licence Scare

What's this heading "Trappist Picture Framing ? The Music Licence Scare " all about, you might well wonder. Let us explain. "Trappist" refers to a branch of the Cistercian order of Christian monks known for their rule and habit of silence.  And the term "Picture framing" is common enough to be self-explanatory.  So why the two terms together?  This is because some dodgy, dubious folks tried to trick us into believing that listening to music while we worked was illegal, that we needed to buy their music Licence and that unless we did that, they would prosecute us, get us fined and even jailed.  Now then, for those of you who are not in the industry, and thus may not know, the picture framing occupation is,  in the majority of cases a solitary, sole trading affair.

Most workshops are small,  generally  comprising of just one, a couple, or a few workers.  As a consequence, human interaction and companionship in these picture framers' workplaces are scarce,  limited, or non-existent.

This is not an ideal social or working environment for we humans who arguably, are, require and practise the most intense and complex of all socialities. While some picture framers tolerate this quietude reasonably well, most do not and either need or want occasional relief and loneliness breaks for and in their quotidian monotony.

About Listening To Your Own Radio at Work

These hiatuses are often achieved by going for and switching on a radio, or akin, capable device,  and listening to programmes, talk-back, the news, or even, heaven forbid - music!  This soothing and harmless leisure is shared by many factory and workshop workers across many industries.

Visit most building sites where tradespeople may be working and chances are that you'll most likely be greeted by cacophony of radio blasts, mostly sports broadcasts and music.

In our own secluded workshop, we have been listening daily to the  radio, for nigh half a century.  Radio programmes sometimes do get boring, so a worker. a picture framer, or even the owner, will switch stations to listening to some music.  We have been seamlessly doing this for so frequently and for so long that when our Office inbox received the  below email we at first thought it was a scam, a phishing email, or at least, spam.

 

Alas, and although the email's tenor, tone and contents certainly seemed spammy to us, it seems that the email did come from a real, legitimate organization.  From what we can gather, the sender is affiliated or works with recording companies,  music owners and publishers to get them royalties ( money) earned from playing copyrighted music to the public.  Well, jolly good for them, but what's it got to do with us or our picture framing?

An uninformed, unsophisticated, yet perfectly innocent, business owner could well infer from an initial reading of the email that:  a)  the  business has been reported for playing copyrighted music without permission to the public or Customers, b) that this unauthorised activity is illegal since the business does not hold a s-called music licence, and that  c)  this legal breach can only be remedied by applying for and purchasing a Licence from the author of  the email.

But Most People Do Not Play Music To The Public

In our case, that's what we first thought, until someone pointed out the words  "when you play music to the public".  That's when the penny dropped.  The sender of the email must have thought that our picture framing business is involved in the broadcasting or playing of music to the public, or the Customers, in some form or manner.

The sender certainly did not contact or inquire with us beforehand to ascertain whether was the case, or not.  Most likely,  a nameless apparatchick just plucked our details from the huge Australian Business Number database publicly available online.

That being said, let us be crystal clear. We do not play music to the public or to our Customers.  Neither do the public nor any Customers have access to, or are authorised to enter our workshop, under any circumstances.

Unauthorised entry is, and always has been, strictly forbidden. Our safety  protocol bars the public or any Customers  access to our workshop. Our workers often carry large sheets of glass, as well as operating saws, air tools, drills and other power cutting tools. Admitting the public or workers to the manufacturing area is unsafe, dangerous, illegal as would certainly void our Public Liability Insurance.

Under no circumstances is the public,  or any Customer, allowed into, or can enter or access our workshop.  Any and all visiting Customers are admitted and allowed only into disparate areas at the front of the factory where no music exists, is held, stored, or played.

Thus, and so far as our situation pertains, since no music ( public domain-ed or otherwise ) at all, or of any kind is, played to the public, we do not require nor need a music Licence  from anyone for anything.

Small Businesses Targeted with Misleading Demands

That being dealt with, we greatly disliked the tone, tenor and contents of the email sent to the owner of this business. To us at least, the tone of the email is worded so as to be deliberately intimidating, bullying, even.  It can frighten the recipients into believing that they may have broken the law and done something wrong when, as in our case is simply not so.

We also deem the tenor ( intended or otherwise) and purport of the email as blatantly venal.  Both imply that the recipient has committed an infringement that can only be remedied by paying some money to somebody by way of purchasing someone else's  music Licence.  On the whole, the contents are dishonest and misleading, or, highly dubious to say the least.

As far as we are concerned, the entire episode is an underhanded, money-grubbing exercise corrupting, perhaps not the letter, but certainly the spirit  of the law.  The organization behind is probably pumping out the email to a scores of the 2.5 million ABN holders.  If only 10% take the bait, at a minimum rate of $100 per Licence, that's 250 million dollars purloined from Australian business  owners.

By way of an end note, we did contact the sender of the email, stating who we are, what we do and explained our situation. We asked, would they please tell us how they found, selected and stored the registered details of the ABN and why they sent their Email of Demand shown above here to the owner of this business.

To date we have not received a reply.

If you are getting bullied into buying a Music Licence

 

	List of Do's		List of Don'ts
✓	Do play your music, and continue to do so, only to yourself and privately.	❌	Don't be frightened and blindly rush to buy a music licence without fully understanding if the demands being made are legal and valid.
✓	Do check that where you play the music is indeed private, restricted and without public access.	❌	Don't panic and simply think that if you don't buy a music licence  a Court or the Police will come and close your  business down.
✓	Do play only , pre-1929,  music which is generally  public domain, free, out of copyright protection and requires no licence.	❌	Don't fall for scare or pressure tactics, such as being threatening immediate legal action, prosecutions and heavy fines unless you immediately buy a music licence.
✓	Do consider just either turning off  the music or just playing it to yourself with your iPod.	❌	Do report to the A.C.C.C. any organization which may be intimidating  you into  buying a worthless or  unnecessary licence with false or predatory demands to you or your business.