Music at the HOF Clinic and Copyright

A soft playlist at the front desk seems like an innocent detail. It helps the patient relax, muffles street noise and creates a feeling of care. But music has an owner, and using it in a space open to the public can bring copyright obligations. Many clinics find this out from a notice, not from planning.

This guide explains, in plain language, when music at an orofacial harmonization (HOF) clinic may require payment, how ECAD works, what the alternatives are and how to decide what to use. It is not legal advice: Brazil's Copyright Law (Law No. 9,610/1998) and the collection rules are specific, and the final decision should be confirmed with ECAD and your lawyer.

What is public performance?

Under copyright law, when a musical work is played in places of collective attendance (stores, restaurants, gyms, offices, waiting rooms), it is considered public performance, and authors and musicians are entitled to compensation. These fees are collected and distributed by an entity called ECAD (the central collection and distribution office), which represents the associations of rights holders.

The fact that the music comes from radio, TV or a streaming platform does not remove the right: what the clinic does by playing it for patients is a different kind of use from what a listener does at home. Official information is on the ECAD website.

Does the HOF clinic fall under this?

It depends on the use. Common situations:

How each situation is classified depends on the case and the applicable interpretation. That is why the prudent path is to ask first rather than assume.

Alternatives

If you do not want to deal with copyright, or want to reduce cost and risk, there are options:

With any alternative, keep the proof: a contract, license or document showing the use is allowed. If you get a notice, the paperwork settles it quickly.

Does music help the patient? Comfort considerations

From a patient-care standpoint, music can be useful but is not universal:

• Front desk: low volume and a neutral style help people relax without getting in the way of conversations. See the HOF clinic front desk.
• Treatment room: ask the patient whether they want music, and offer the option to turn it off. Some prefer silence so they can hear the professional.
• Conversations about consent and risk: hold them without background music, to ensure attention and understanding. See informed consent in HOF and legal defense.
• Privacy: loud music at the front desk can mask conversations and protect privacy, but it does not replace a discreet setting for sensitive data.
• Emergencies: in a complication, turn the music off to make team communication easier. See emergency checklist.
• Accessibility: patients with hearing sensitivity or anxiety may be bothered. Ask.

See also HOF clinic environment and patient-centered care at the clinic.

What about the clinic's videos and social media?

This is a different matter, and it tends to cause more trouble than background music. When you post a video or stories with music, the platform has its own rules and license agreements that apply to personal profiles and may not apply to business profiles. Tracks that appear in the platform's library for personal use may be restricted or removed on a business account.

Practical precautions:

1. Use the music library cleared for business accounts, when available.
2. Avoid popular music in clinic videos if you have no license.
3. Prefer licensed tracks from audio libraries, and keep the proof.
4. Review the content before publishing: music + a patient's image + a promise is a risky combination.

See short videos for the HOF clinic, Instagram for HOF and behind the scenes at the clinic without exposing patients.

How to decide at your clinic

A simple plan:

1. Define where you want music (front desk, waiting room, treatment room).
2. Decide whether music really adds to the atmosphere you want.
3. Choose the alternative from the table above that fits your budget and risk.
4. If you will use protected music, consult ECAD and formalize whatever is needed.
5. Document: keep licenses, contracts and proof.
6. Train the team: nobody plays their personal playlist on their own.
7. Review every year, along with fixed costs. See fixed and variable costs.

Common mistakes

• Using a personal streaming account in the business without checking.
• Assuming "it's on the internet, so it's free".
• Not keeping license proof.
• Leaving music loud during consent.
• Using popular music in commercial videos without a license.
• Ignoring a payment notice.
• Imposing music without asking the patient.

How Harmy fits in

Harmy does not play or license music. If you plan to post a video of the consultation showing the app's projection on social media, remember that the shared image carries the illustrative simulation notice, and that the video's audio track needs a license. Prefer a fictional person or a patient with specific written authorization. The projection is a simulation, not a result.

Summary

Music in a care setting can count as public performance and require copyright fees. Consult ECAD and a lawyer, consider alternatives (silence, licensed services, music with a commercial license), keep proof and look after the patient's comfort. In social media videos, use only tracks cleared for business accounts.