Frequently Asked Questions

What does Waybox’s background music service consist of?
What is a themed radio station?
Is my streaming supposed to stop?
Is it mandatory to pay Public Performance rights?
Does Waybox offer more services and solutions besides background music?
Where can I choose, organise and manage my themed radio stations and playlists?
What do I need to play background music at my business?
What does Portuguese law say?
Who monitors background music, and what are the penalties?
Can I use streaming services like Spotify and YouTube in commercial spaces?

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What does Waybox’s background music service consist of?
- As a licensed music content provider, Waybox makes its catalogue available to any business that wishes to use it as a backdrop on its premises, in other words, played publicly as background music.

What is a themed radio station?

A collection of tracks belonging to the same music genre (Rock, Soul, Jazz, Pop, Hip-Hop, Fado, Chill-Out, etc.), the same theme (Christmas, Soundtracks, Best Covers, etc.) or the same artist (U2, Metallica, Xutos & Pontapés, Frank Sinatra, etc.). Each station holds hundreds of tracks.

Is my streaming supposed to stop?
- No. However, external factors can cause it to stop, such as: a power cut, an internet outage or a provisioning issue.
  1. In the event of a power cut, there is nothing to be done until power is restored.
  2. In the event of a network fault, there may be access issues, or your internet service may not be properly updated to your provider’s requirements.
  3. In the event of a provisioning issue, Waybox sets final deadlines agreed with the customer, and does not interrupt streaming without contacting them beforehand.
  4. None of the above applies.
  Get in touch with Waybox to check whether there is a problem with your streaming feed.

Is it mandatory to pay Public Performance rights?
- Payment of copyright and related rights is mandatory by law. Specifically, regarding communication to the public, Article 68, no. 2, item j) of the CDADC (the Portuguese Code of Copyright and Related Rights) provides that authors hold, among others, the exclusive right to carry out or authorise, personally or through their representatives (collective management bodies), making a work available to the public, by wire or wireless means, in a way that makes it accessible to anyone from a place and at a time of their own choosing. Where the communication is private, as would be the case in a private home with limited, unpaid access, Article 75, no. 2, item a) treats certain uses of a work as lawful without the author’s consent, including reproduction by any means carried out by an individual for private, non-commercial use. Article 141, no. 3 of the CDADC further establishes that authorisation to perform in public, broadcast or otherwise transmit a recorded work must likewise be given in writing, and may be granted to an entity other than the one that made the recording. Similarly, under Article 184, broadcasting by any means, public performance and making a phonogram available to the public — by wire or wireless means, so that it is accessible to anyone from a place and at a time of their own choosing — all require the phonogram producer’s authorisation. Finally, under Article 195 of the CDADC, any unauthorised use of a work (including a performer’s performance, a phonogram, a videogram or a broadcast), or any use exceeding the scope of the authorisation granted, constitutes the criminal offence of infringement.

Does Waybox offer more services and solutions besides background music?
- Yes, Waybox offers a portfolio of solutions and services tailored to each customer. Our solutions are:
  1. Waybox Business – Background music solution featuring every artist in the commercial catalogue.
  2. Waybox Plus – Package with all rights included and access to music by independent artists.
  3. Waybox Screen – Digital Signage service that enhances the atmosphere of your space through visual media.

Where can I choose, organise and manage my themed radio stations and playlists?
- The Customer Area gives you access to all this and much more. Waybox provides every customer with a dedicated area where you can manage everything to do with background music and other services. Choosing radio stations or playlists, updating your profile details, making payments or uploading commercial spots are just some of the features available

What do I need to play background music at my business?
- In Portugal, a business that publicly plays commercial music on its premises needs: First and foremost, a background music provider duly licensed for commercial use. This can be confirmed on the websites of the relevant collecting societies, as is the case with Waybox. As well as a public performance licensing certificate from SPA and PassMúsica. The first entity represents the holders of copyright. The second represents musical artists and producers, i.e. the holders of related rights. As an alternative, Waybox offers a package, Waybox Plus, which already includes all copyright and related-rights licences within its monthly fee. This is a Free Music* service, featuring music by independent artists across a wide range of genres and themes. *Note: In other words, this service does not include commercially released music.

What does Portuguese law say?
- Above all, it should be noted that the public performance of background music in public spaces requires authorisation. It is therefore essential for commercial establishments to comply with Portuguese legislation regarding the producers of musical works and the broadcasting of music in public spaces, as set out in the Portuguese Code of Copyright and Related Rights (CDADC). In Portugal, copyright and related rights are represented by two entities: SPA and Passmúsica. These are two separate bodies, with the former representing the holders of copyright and the latter representing musical artists and producers, holders of related rights. In other words, SPA manages the copyright, both national and international, of those registered as its members or whom it otherwise represents. In doing so, it safeguards cultural heritage and values (Article 195, nos. 1 and 4 of the CDADC). The cooperative distributes the amounts collected to the holders of the respective rights. PassMúsica, in turn, grants authorisation to public and private businesses and entities to use phonograms in their activities. It also provides for equitable remuneration, split equally between producers and artists (performers) — that is, those who hold the related rights to a work (Law no. 26/2015). Finally, when it comes to the provision of background music, there are companies that specialise in background music services, such as Waybox. These companies supply and distribute phonograms (background music) directly to their customers for the purposes of public performance (Article 178, no. 1, item d) and Article 184, no. 1, item c) of the CDADC).

Who monitors background music, and what are the penalties?
- IGAC (the General Inspectorate for Cultural Activities), together with the criminal police, is the authority responsible for monitoring copyright and related rights. It is likewise responsible for investigating and deciding administrative offence proceedings, under Law 92/2019. Similarly, SPA and Passmusica also have their own duly accredited inspectors and officers to identify and detect the works of the authors they represent. As for penalties, under Law 92/2019, the use of illegal music sources constitutes an administrative offence, also resulting in fines. Depending on severity, these can range from €250 to €7,500 for legal entities. Likewise, the offence of infringement is punishable by up to three years’ imprisonment and a fine of 50 to 150 days, under Article 197 of the CDADC.

Can I use streaming services like Spotify and YouTube in commercial spaces?
- Streaming services such as Spotify and YouTube are intended solely for personal, non-commercial use. So the answer is quite clear: no. Unauthorised playback of recorded music includes streaming services, as well as the use of radio, music TV channels, CDs, MP3 files, etc. As such, streaming services are not legally compliant for playing music in commercial spaces, as set out in those services’ own terms and conditions. Their stated purpose is the distribution of music for personal use only. Using these services for commercial purposes therefore constitutes the offence of infringement. Spotify’s own website notes that its service is for personal, non-commercial use only, and may not be streamed or played publicly in venues such as bars, restaurants, schools, shops, salons, dance studios or radio stations. The same applies to YouTube, which updated its Terms of Service at the start of 2022, on 5 January, making it clearer still that users may only view or listen to content for personal, non-commercial purposes. Likewise, playing music through other channels, such as radio or dedicated music television, is also not legal for commercial use. These require appropriate licensing to do so.