Austrian businesses that play background music need an AKM performance licence (Aufführungsbewilligung) for the works. Producers and performers of commercial recordings have a separate remuneration claim, collected through LSG.
| Who | What for | |
|---|---|---|
| AKM | Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger | Performance licence for authors' rights, including background music |
| LSG | LSG Wahrnehmung von Leistungsschutzrechten | Producers' and performers' remuneration for commercial phonograms |
AKM issues the performance licence for permanent music use in retail, gastronomy, hotels, fitness studios, doctors, hairdressers, background music and music on hold. According to the Austrian Economic Chamber (WKO) this covers only mechanical music; live music, music outside the shop and TV or video need a separate licence.
AKM also has a separate tariff for B2B streaming services used for public playback in shops and gastronomy. Whether AKM invoices for LSG for background music was not stated on the pages retrieved.
The fee depends on the type of venue and the music source (radio, TV, CD, MP3 system and so on), and for shops, per WKO, on the size of the area with music. The retail framework is § 29 of the AKM and VVAT framework agreement.
AKM calculates the amount per venue and did not publish background music amounts on the pages retrieved, so no example is given.
Consumer plans of Spotify, Apple Music and YouTube are licensed for personal, noncommercial use under their own terms, so a private account is not a license to play music to customers. AKM's separate tariff for B2B streaming services shows that streaming for business is treated as a distinct licensed use.
AKM says a licence is needed if at least one protected work is performed, and background audibility makes no difference. A presumption rule in favour of AKM was not verified.
For recordings, § 76(3) of the Austrian Copyright Act gives the producer a claim to appropriate remuneration when a commercially produced phonogram is used for public performance, with performers sharing, and these claims can only be asserted by collecting societies. So even music outside AKM, on commercially produced phonograms, may still trigger the LSG claim. Whether library or royalty free recordings count as commercially produced is unclear.
If permanent music use is not registered before opening, AKM may charge double the tariff plus control costs; WKO mentions back payments, contractual penalties and retroactive invoicing.
Dr.DIO Studio makes its own electronic and ambient music, no Dr.DIO track is registered with any collecting society, and the Business plan ($14.99 a month per venue, 14 days free) gives the venue a direct public playback license and a certificate for Dr.DIO music.
Dr.DIO works are not in AKM's repertoire, but under § 76(3) the recordings claim can only be collected by a society, and whether Dr.DIO recordings count as commercially produced phonograms is unclear. An Austrian venue may therefore still face an LSG claim; ask AKM and LSG in writing before you decide.
Any other music in the venue, such as radio, TV, live music or other playlists, still needs the usual licences.
This page explains the general rules as published by the societies and laws listed above, checked in October 2026. It is not legal advice; fees and rules change, so confirm with the society before you decide.
AKM calculates the fee per venue by type, music source and area; amounts were not published on the pages checked for this guide.
It depends on venue type and music source. Ask AKM for a calculation; register before opening, or AKM may charge double.
Yes, for permanent use of protected music, including background music, in a restaurant or bar.
Producers and performers of commercially produced phonograms have a remuneration claim under § 76(3), which only collecting societies can assert.
No. Personal Spotify plans are for personal, noncommercial use. AKM has a separate tariff for business streaming services.
It may avoid AKM, but the LSG claim for commercial recordings can still apply, and whether library music counts is unclear.
