Music Licences
Many boating clubs may not be aware that if they are playing music publicly they require a music licence from PRS and also possibly from the PPL. Here we explain the rather complicated system and the proposals to update it.
Under the terms of The Copyright, Designs and Patents Act 1988 it is unlawful to perform, whether live or by recording, or allowed to be performed, any copyright music in public without the permission of both the copyright owner and recording company.
The aim of this section of the site is to provide guidance to clubs on how to obtain a Licence from the Performing Right Society (PRS) and the Phonographic Performance Ltd (PPL).
Copyright exists in original music work so that when a recording of music is played in public, such as records, tapes, CDs etc the appropriate collection agency, the PRS, has authority to collect royalty payments on behalf of composers, songwriters, authors and publishers for the copyright in live performances and sound recordings.
Copyright also exists in the actual sound recording so that the maker of sound recordings (eg. record companies) are entitled to copyright protection and the PPL has authority to collect these royalty payments. Under the current system clubs may therefore be required to hold both a PRS Licence and a PPL Licence if live performances and/or sound recordings are played.
RYA Affiliated Clubs - PRS Concession
We have been advised, by PRS, that when a club first contacts PRS to obtain a licence, unless the club is newly formed, PRS usually impose the higher royalty rate charge for the first year of the licence. The second and subsequent year's fees will be based on the standard royalty rate charge, which is approximately 50% of the higher royalty rate. We have managed to negotiate a concession from PRS, who have confirmed that they will offer the standard royalty rate to any RYA affiliated club that contacts PRS to arrange for a licence. This concession will not be available to clubs that PRS contact nor will it provide any protection from back-dating a licence.
PRS fees
The Performing Right Society (PRS) is known to be targeting sports clubs in order to increase the number of clubs purchasing PRS Licences. The Central Council of Physical Recreation (CCPR) met with representatives of the PRS in 2007 when they learnt of its campaign. The CCPR were concerned to note that no prior notice was given of PRS's campaign to target sports clubs and that there was no discussion with representative bodies in relation to the appropriate fee levels for sports clubs.
We have been actively involved in helping the CCPR to ensure a fee level that recognises the voluntary nature of sports clubs and the benefit they provide to the community and to that end is in discussion with the PRS.
The Government recently reviewed copyright in music and consulted on the following issues:
- The Intellectual Property Office consulted on the Music Licensng Review which has resulted in the withdrawal of the PPL exemption for sports clubs and charities. The Statutory Instrument (No.2694) which repeals the exemptions comes into force on 1st January 2011. However, PPL licences will not be introduced until January 2012, from which time clubs that use music will require a licence from both PRS and PPL. More information on this consultation can be obtained from the See Also section.
- The PRS now has a Code of Practice; more information can be obtained from the See Also section.
- The UK Intellectual Property Office consulted on a Review of Copyright Tribunal Rules. It is felt that the Copyright Tribunal is not currnetly accessible to clubs due to the extremely high costs and time involved; thus the outcome of the review may result in a fast track procedure for cases below a certain value and therefore seeking a ruling on tariffs may become more accessible.
If you require further assistance please do not hesitate to contact the Legal Team Tel: 0844 5569519 Email: legal@rya.org.uk.
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Contact UsArticle Published: September 08, 2011 11:53