“We don’t play Spotify, just the radio—that should be fine.”
This sentence comes up often. The logic makes sense: radio is a public medium, available to everyone, no subscription required. If it’s free at home, why would it be a problem in a restaurant?
The answer requires understanding how the law views music in public spaces.
The difference between source and context
The key point most people miss: it doesn’t matter where the music comes from. It matters where it’s heard.
Radio at home is private use. Radio in a restaurant is public performance. The space is open to the public — that music becomes part of the atmosphere you’re offering.
The law doesn’t distinguish between Spotify, CDs, USB drives, or radio when it comes to public spaces. All these sources deliver music protected by copyright. And for all of them, the same obligation applies: a license for public performance.
Radio isn’t an exception. It’s just another way of bringing music into a space.
Why radio feels “safe”
The perception has logic:
- Radio is a public medium — it broadcasts to everyone, without restrictions
- Radio is “free” — no subscription, no bill
- Radio is “what everyone uses” — it seems normal and harmless
That logic makes sense from the listener’s perspective. But the legal framework doesn’t start from the listener’s perspective. It starts from the rights of creators.
Scenarios that end in problems
Certain situations repeat themselves.
”We just have a small radio in the corner”
The size of the device isn’t relevant. The capacity of the space isn’t relevant. If the music is audible to guests, it’s considered public performance.
”We play the radio quietly”
Volume doesn’t change the legal status. Quiet music is still music in a public space.
”It’s just news programs”
News isn’t protected. But musical segments—jingles, background music, songs between blocks—are. Most radio programming has musical elements.
”We didn’t pay the radio station”
Correct. And you don’t have to. But your obligation isn’t to the radio station. Your obligation is to the creators whose music plays in your space.
What an inspection actually checks
The inspector walks in. Notices music. Could be radio, could be something else—for them, that’s secondary.
They check:
- Is music playing in the space — yes or no
- Do you have a valid music license — yes or no
- Does the license cover the actual situation — yes or no
Why radio is a common “gray zone”
Radio is problematic precisely because it seems harmless.
- Doesn’t require installation or subscription
- Leaves no trace like a streaming account
- Often plays “in passing,” without conscious decision
Someone on staff turns on the radio in the morning. It plays all day. Nobody thinks about it. Until the inspector walks in. Or until someone asks the question.
That “harmlessness” is why radio mistakes happen even in spaces that are otherwise compliant. Simply put, nobody thought it was a problem.
The difference between radio and a professional source
There’s also an operational dimension.
Radio brings:
- Ads — including ads for your competitors
- News — which can disrupt the atmosphere
- DJs and hosts — whose style may not match your space
- Unpredictability — you don’t know what will play in five minutes
Professional sources for hospitality offer:
- Control over genre and tempo
- No ads or interruptions
- Consistency throughout the day
- Documentation for legal protection
Radio solves the question “is there music.” It doesn’t solve “what kind of music is it” and “is this legally compliant.”
How spaces that want peace of mind handle this
Hospitality operators who’ve resolved this issue do a simple thing:
- They have a music license — registered, paid, up to date
- They have a music source intended for commercial use
- They have documentation available for review
With these three elements, radio becomes an option—not a problem. You can play radio if you want. The license covers public performance regardless of source.
The difference is in the approach. Instead of improvisation, a system.
The cost perspective
For a small cafe with radio
For violation without license
Less than weekend supplies
A music license for a small cafe with radio runs around 50-70 EUR per year. That’s less than one month’s electricity. Less than one weekend supply run. Less than a fine that starts at 660 EUR.
The question isn’t whether this is an expense. The question is which option makes sense long-term.
Radio as a starting point
For many hospitality operators, radio is the first question: “Do I need a license for that too?”
When they understand the answer is “yes,” the next question usually follows: “If I already need a license, maybe I could have a better music source?”
And that’s where thinking about music as part of the space begins — not just sound filling silence.
Radio isn’t a bad choice. But it’s rarely the best choice.
Frequently asked questions
Yes. Radio is a legal source of music, but public performance of that music in your space requires a license. These are two separate layers of obligation.
If the programming has no musical elements — no jingles, no background music — technically you’re not obligated. But most radio programming has musical segments, even news programs.
Fines start at 660 EUR and go up, depending on severity and repeat offenses. Along with the fine comes retroactive payment for the period of use without a license.
Inspectors are trained to notice music upon entering. Turning off the music after they identify you doesn’t nullify the established situation.
The process is relatively simple — application, contract, payment. Can be resolved within a few days. Better to do it proactively than reactively.