SACEM Music Licensing for Restaurants in France

SACEM fees for restaurants are mandatory

SACEM is the Society of Authors, Composers and Music Publishers. It manages the copyrights of all artists and music producers and thus guarantees fair remuneration for the use of musical works in public and commercial domains. As your business is part of this, you are required to pay a fee to SACEM for your restaurant. Not paying them or broadcasting a copyrighted work without authorization is considered an offense and is punishable by a heavy fine.

Broadcasting music without SACEM authorization: possible?

All the songs you know (because they are broadcast on the radio, in advertisements or films) are subject to SACEM. There is however an exception: royalty-free music (often unkindly referred to as "elevator music"). These are works whose authors are not members of SACEM and who have waived their copyrights.

Ultimately, the price of a subscription to a royalty-free music service is equivalent to, or often much more expensive than, that of a music service broadcasting well-known titles. The disadvantages of royalty-free music are numerous:

• This music consists only of titles absolutely unknown to your customers, and often bland.
• Your customers will not be able to associate positive memories with certain songs broadcast, and this emotional link with your establishment cannot be created.

SACEM rates for restaurants

SACEM offers different prices to restaurants. To get an estimate of the costs, you will need to make an online declaration on the SACEM website. The calculation of rates is based on different factors:

• Number of available seats: the larger the commercial premises, the higher the SACEM fees.
• Number of inhabitants in your district: restaurateurs in Rouen or Dijon do not pay the same price as in Paris.
• Turnover: restaurateurs whose turnover before tax is less than or equal to €80,000 benefit from a 15% reduction.
• Support used: restaurateurs with only a simple radio set benefit from a 50% reduction.
• Operating period: seasonal restaurants benefit from a reduction depending on the opening days.

In Paris, for example, a restaurant with 30 seats or less will have to pay €487.02 per year, while a restaurant with more than 100 seats will pay €857.67 in fees per year.

Does paying SACEM allow you to broadcast Spotify and Deezer, or not?

If you want to broadcast music in your restaurant, you cannot use mass-market streaming services such as YouTube, Spotify, Deezer, Qobuz, or Apple Music. As stated in their T&Cs, their paid subscriptions are intended for private use only, not commercial.

Even if your restaurant pays a "Premium" subscription to Spotify, Deezer or others, and even if you pay a fee to SACEM, it is not legal to broadcast these platforms in your establishment. These mass-market platforms simply do not have the necessary rights for broadcasting in a public space for commercial purposes.

Legal services for restaurants are listed on the SACEM for Professionals website. Here is a non-exhaustive list:

Licensed music providers (recommended)

• Soundsuit — €29 / month per zone (via smartphone, tablet, computer, Sonos)
• MyInstoreRadio — €29 / month per zone
• Soundexperts — from €49 / month per zone
• Moodmedia — price on request

Special rates apply to entertainment

For special events such as birthdays or weddings, you will need to refer to a specific SACEM rate for establishments, especially if a DJ is present or if a band plays live music. New Year's Eve parties (December 24 and 31) are subject to specific pricing.

Obtaining SACEM authorization

Before playing music in your restaurant, you will need to pay a fee to SACEM. Indeed, SACEM must give its prior agreement for you to be able to broadcast music. This is done quite easily by e-mail, online, by mail or by phone. Note that royalty-free music does not have to be declared to SACEM.