Copyright Infringement and ACUM — What You Need to Know
ACUM — the Society of Authors, Composers, and Music Publishers in Israel — manages performance and broadcast rights for music in Israel. Any business playing music publicly may require an ACUM license. Violations can result in significant financial claims.
1. What ACUM Is and the Scope of Its Authority
ACUM operates as a collective rights management organization under the Copyright Act 2007, representing thousands of Israeli creators and millions of international ones through reciprocal agreements.
2. Enforcement: How ACUM Detects Violations
ACUM employs inspectors who visit businesses to check music usage. When violations are found, ACUM issues demand letters including retroactive payment and penalties. Courts have awarded significant damages in ACUM cases.
3. How to Achieve Compliance: License Types and Costs
ACUM offers various licenses by business type: retail stores, restaurants, event venues, websites, and apps. Fees depend on venue size, seating capacity, and whether the performance is live or recorded.
4. Phonogram Rights: IFPI and the Second Layer
Beyond ACUM's performance rights, phonogram rights (master recording rights) are managed separately by IFPI Israel. Many businesses need both licenses.
5. Online and Digital Usage
Streaming services like Spotify and Apple Music for personal use do not cover business public performance. Digital content with music also requires appropriate licensing.
Checklist
- Check whether your business needs an ACUM license and which type
- Contact ACUM to determine the appropriate license cost for your business size and type
- Verify that personal streaming licenses (Spotify, Apple Music) do not cover commercial use
- Check whether you also need an IFPI license for phonogram rights
- Document all licenses purchased and their renewal dates
- Seek legal advice before entering into any settlement with ACUM for past usage
Common Pitfalls
- Assuming a personal Spotify/Apple Music subscription covers commercial use
- Forgetting that playing YouTube in a store also requires a separate license
- Agreeing to ACUM retroactive payment demands without legal review
- Not distinguishing between performance rights (ACUM) and phonogram rights (IFPI)
- Ignoring copyright infringement by external contractors playing music on your premises
שאלות ותשובות
Does my restaurant or café need an ACUM license?
Yes, any business that plays music publicly — whether background music, live performances, or media broadcasts — generally requires an ACUM license. This includes music from the radio, streaming services, CDs, or any other source played in a public commercial setting.
How much does an ACUM license cost?
ACUM fees vary by business type, size, and usage. Fees are typically calculated based on factors like venue area, number of seats, and whether music is live or recorded. Contact ACUM directly or consult an attorney for a specific estimate for your situation.
What happens if I don't have an ACUM license?
ACUM may issue a demand letter requiring retroactive payment for the period of unlicensed use plus penalties. In serious cases, ACUM may pursue civil litigation. Under the Copyright Act, courts can award up to NIS 100,000 per infringement without requiring proof of actual damages.
Is there a difference between ACUM and IFPI?
Yes. ACUM manages composers' and lyricists' rights (the underlying musical composition and lyrics). IFPI manages phonogram rights — the rights in the specific sound recording. For complete compliance, many businesses need licenses from both organizations.
Do I need a license if I only play music in videos on my website?
Yes. Public performance rights and synchronization rights apply to music in online content. The specific licenses required depend on whether the content is streamed, downloaded, or embedded from platforms that have their own licensing arrangements.