Redevance musicale pour les navires de croisière en Europe : GEMA, SACEM, SUISA, PPL-PRS

Legal Framework, PRO Obligations, and Cross-Border Operations

Introduction

Playing music on board a cruise ship—whether in restaurants, lounges, pool decks, spas, cabins, retail shops, or theatres—is legally classified as a public performance.

Across Europe (including Germany, France, Switzerland, the United Kingdom, Benelux, Nordic countries, and Mediterranean states), public performance of copyrighted music requires a licence from national Performing Rights Organisations (PROs) such as GEMA, SACEM, SUISA, PRS for Music, PPL PRS, BUMA/STEMRA, and others.

This article explains how European PROs regulate music use on cruise ships, how royalties are calculated, which rights must be cleared, and—critically—how licensing works when vessels cross multiple countries during a cruise.

1. Why Cruise Ships Must Pay Music Royalties in Europe

European copyright law consistently defines music played in a business or public environment as a public performance.

A cruise ship is legally treated as a commercial, multi-venue hospitality environment, comparable to hotels, resorts, restaurants, shopping centres, and passenger-transport facilities on land.

National guidance confirms this position:

• Germany (GEMA): Any public or commercial use of copyrighted music requires a licence.

• France (SACEM): Any establishment playing music for guests must pay royalties unless exclusively using genuinely royalty-free music.

• Switzerland (SUISA): Background music in businesses, guest areas, cabins, and passenger transport requires licensing under tariffs such as GT 3a and GT 3b.

• United Kingdom (PRS for Music / PPL): Recorded or live music in hospitality and passenger environments requires a licence.

Accordingly, cruise-ship operators must secure proper PRO licences whenever music is played onboard.

2. Two Layers of Rights Cruise Ships Must Clear

European music licensing is built on two distinct but cumulative rights layers.

2.1 Performing Rights (Authors, Composers, Publishers)

Managed by organisations such as:

• GEMA (Germany)

• SACEM (France)

• SUISA (Switzerland)

• PRS for Music (UK)

• BUMA/STEMRA (Netherlands)

• SIAE, SGAE, AKM, and others

2.2 Neighbouring (Related) Rights

(Performers, Record Labels, Producers)

Typically managed by:

• GVL (Germany)

• SPRE / SCPP / SPPF (France)

• SWISSPERFORM (Switzerland)

• PPL (UK)

• SENA (Netherlands)

In many countries, these rights are bundled for operational simplicity:

• Germany: GEMA licensing is coordinated alongside neighbouring-rights structures (GVL layer)

• United Kingdom: PRS and PPL jointly operate PPL PRS Ltd, issuing TheMusicLicence

• Switzerland: SUISA and SWISSPERFORM jointly administer background-music tariffs

A compliant cruise-ship licence therefore always covers both layers of rights, whether via one invoice or coordinated collection.

3. How PROs Categorise Music Use on Cruise Ships

PROs treat cruise ships as clusters of individual commercial venues, including:

• Restaurants and cafés

• Bars, lounges, and pool decks

• Retail shops

• Spas and fitness areas

• Casinos

• Cabins with TV or radio

• Theatres, cinemas, and show lounges

• Reception and lobby areas

This mirrors existing classifications for hotels, resorts, and passenger-transport environments.

From a copyright perspective, cruise ships are therefore fully integrated into national public-performance frameworks.

4. How Fees Are Calculated Onboard

Although tariff formulas vary by country, cruise-ship licensing generally depends on the following factors.

4.1 Audible Surface Area or Venue Size

• SUISA GT 3a uses cumulative area where music is audible

• GEMA and SACEM reference surface area, seating capacity, or venue type

• UK tariffs apply per audible square metre by category

4.2 Type of Music Use

• Background playlists

• TV and radio reception

• Live musicians or bands

• Theatre shows and revues

• DJ events and dance nights

4.3 Operational Period

Seasonal or partial-year licensing may apply if the vessel operates only part of the year.

4.4 Number and Type of Music Zones

Operators typically declare:

• Bars, restaurants, lounges

• Pool and outdoor decks

• Casinos

• Theatres and show venues

• Cabins with TV/radio

This determines the applicable tariff and total annual fee.

5. National Mini-Case Examples (Switzerland, Germany, United Kingdom)

To illustrate how cruise licensing differs from land-based hospitality tariffs, three national frameworks provide useful reference points.

5.1 Switzerland (SUISA): Land Venues vs Cruise Ships (GT 3a vs GT 3b)

SUISA distinguishes clearly between fixed premises and passenger vessels.

Commercial Premises on Land → GT 3a

Applies to:

• Retail stores

• Restaurants and cafés

• Hotels, lounges, guest rooms

Pricing is based on audible surface area (m²).
Baseline (≤ 1,000 m²): CHF 19.20/month/location (audio-only).

➡ A café or lounge on land normally falls under GT 3a.

Cruise Ships and Passenger Vessels → GT 3b

Cruise ships are generally licensed under GT 3b, covering:

• Trains, aircraft, coaches

• Ships and cruise vessels

Pricing is typically:

• Per vessel (not per m²)

• Based on indoor seating capacity

• Available per day/month/year

Indicative annual rates (2016–2026 approval period):

• Up to 70 seats: CHF 247.50/year

• 71–200 seats: CHF 316.25/year

• Over 200 seats: CHF 495.00/year

Boundary: Background vs Entertainment

GT 3b covers incidental background music only.
Concerts, DJ nights, or dance events may require additional event tariffs.

Unlike the UK, SUISA generally treats the vessel as one integrated passenger environment under a consolidated ship tariff.

5.2 Germany (GEMA + GVL): Vessel Tariff WR/MO (Valid from 01 Jan 2026)

In Germany, public-performance licensing for music played onboard passenger vehicles is governed by the GEMA tariff WR/MO (Verkehrsmittel), which explicitly includes ships (Schiffe).

Official reference (PDF):
GEMA Tarif WR/MO – Verkehrsmittel, gültig ab 01.01.2026

Concrete 2026 Ship Tariffs (Background Music)

Ships are licensed on a per-vessel basis, using passenger capacity:

These fees apply only to background music without event character and without dance (ohne Veranstaltungscharakter und ohne Tanz).

Neighbouring Rights (GVL Layer)

German compliance requires clearing both layers:

• Performing rights → GEMA

• Neighbouring rights (performers/labels) → GVL

In practice, operators must ensure both layers are covered, whether through coordinated invoicing or parallel licensing arrangements.

Like SUISA, Germany generally applies a consolidated vessel-level approach—unlike the more modular UK structure.

5.3 United Kingdom (PRS/PPL): Passenger Ships Tariffs Are Area-Specific (Not Fully Consolidated)

The UK framework differs materially from Switzerland and Germany.

While the UK also operates a combined licensing pathway (TheMusicLicence, via PPL PRS Ltd), the underlying tariffs for passenger vessels are often modular and area-specific, meaning that certain onboard zones may trigger additional tariffs.

A. PRS for Music – Passenger Ships & Boats Tariff (PSB)

PRS publishes a dedicated passenger-vessel tariff:

Passenger Ships & Boats Tariff (PSB 2025.03)
Effective 1 March 2025 – 28 February 2026

Background music (Core Music) – Annual rates by audible public area

Music transmitted to cabins

• £104.31 per 15 cabins (or part thereof)

B. PPL – Sound Recording Rights on Vessels (Critical Limitation)

PPL publishes vessel-specific background tariffs, for example:

PPLPP042 – Background Music (Inland & Coastal Vessels)
Indicative fee: £179.87 per vessel per year

Critical UK Limitation (Unlike SUISA/GEMA)

PPL explicitly notes that:

Additional background music in other areas (bars, restaurants, shops, etc.) may be charged separately under other tariffs.

This is a key difference:

• SUISA GT 3b and GEMA WR/MO generally cover the vessel as one integrated passenger environment

• UK licensing may require separate tariff components depending on onboard venue categories

Key Takeaway (UK)

• The UK does not always apply a single “all zones included” ship background tariff

• Licensing is often area-specific (audible area + cabins + venue categories)

• Bars, restaurants, retail, and entertainment spaces may require additional tariff components

• Operators must review PRS + PPL scope carefully to avoid under-licensing

6. Streaming Services Do Not Replace PRO Licensing

A common misconception is that:

A premium streaming subscription or a professional music service automatically covers public-performance rights.

This is incorrect.

• Consumer services (Spotify, Apple Music, Amazon Music) are licensed strictly for private use

• Professional B2B music services typically license access and reproduction—not public performance

• European PRO licences remain mandatory whenever music is played publicly onboard

This obligation applies in port, in territorial waters, and—through reciprocal agreements—in international waters.

7. Special Case: Vessels Crossing Multiple Countries

Cruise ships frequently cross national borders during a single voyage.

Importantly, music royalties are not paid country by country.

7.1 Core Principle: Mobile Venues and Reciprocal Agreements

Cruise ships are treated as mobile venues, not fixed locations.

Operators obtain one primary licence, recognised internationally.

National PROs redistribute royalties internally via reciprocal representation agreements.

7.2 Who Collects the Licence?

Licensing is anchored to:

• Flag State of the vessel

• Operator’s legal domicile

• Fleet-wide group agreements

Only one PRO invoices the operator.

7.3 Why You Do Not Pay Twice

European PROs operate under international reciprocal frameworks.

The operator pays once. Royalties are redistributed internally.

7.4 Executive Summary

• Cruise ships do not pay royalties per country crossed

• One licence covers the entire journey

• PROs redistribute internally

• Only shore-based events require separate local licensing

8. Compliance Checklist for Cruise-Ship Operators

1. Identify the licensing anchor (flag state or operator domicile)

2. Identify the responsible PRO (GEMA, SACEM, SUISA, PRS/PPL, etc.)

3. Catalogue all onboard music use (background, shows, DJs, TV/radio)

4. Engage the PRO’s maritime/international department

5. Clarify scope with music providers (what rights are included vs excluded)

6. Maintain documentation (licences, invoices, setlists if required)

Conclusion

Cruise ships operate complex, multi-venue entertainment environments subject to the same public-performance licensing rules as hotels, resorts, restaurants, and passenger-transport facilities on land.

Across Europe, PROs such as GEMA, SACEM, SUISA, PRS for Music, and PPL require cruise-ship operators to hold appropriate licences whenever music is played onboard—whether recorded, streamed, broadcast, or performed live.

Crucially, vessels crossing multiple countries do not require separate licences for each border crossed. Music licensing is handled through a single primary PRO, with royalties redistributed internationally under reciprocal agreements.

With a properly structured licence in place, cruise-ship operators can ensure full copyright compliance across all routes, waters, and jurisdictions, while offering guests a seamless and uninterrupted onboard music experience.