No, this qualifies as making a radio or TV programme publicly perceptible pursuant to Art. 10 para. 2 (e) CopA. Pursuant to Art. 22 para. 1 CopA the restaurant or hotel owner has to contact a collective rights management organisation – for background music or television, this would be SUISA, while the permissibility of the broadcast and the compensation are governed by Joint Tariff 3a (please note: only valid until 31 December 2016).