Where music is played in public, it is necessary to obtain a
licence from PRS for Music and PPL. Though not intended to be a
detailed explanation of the law, for which specific legal advice is
recommended, here we provide a brief summary of the legal
requirements.
who are PPL and PRS for Music?
PPL and PRS for Music are two separate organisations that are
responsible for licensing 'music users' and collecting royalties
for copyright music on behalf of their members. PPL represent the
interests of performers and record companies and PRS for Music
represent the music writers, composers and publishers.
who needs a PPL and PRS 'music licence'?
A music licence is required for any premises where music is
played and can be heard by the public. Although private homes are
excluded (provided the playing of music is solely for private
purposes), the definition does include music performed within a
business premises whether it is for the benefit of customers or
staff or a club where music is played for its members. Normally,
the owner or manager of the premises is responsible for obtaining a
PRS music licence The playing of music would include use of radio,
CD's, television, video music, telephone systems or DVDs, as well
as live music or recorded music from a music system or console.
Technically, all copyright music requires the permission of the
copyright owner for every piece of music being performed. However,
PPL and PRS provide a means of obtaining that permission through
their licensing system and they are responsible for distributing
the fees received to the artists and copyright owners.
what happens if you fail to obtain a music licence?
The responsibility is on the music user to obtain a licence or
licences from PPL and PRS for Music. Failure or refusal to apply
for one could lead to action being taken for copyright infringement
on behalf of the copyright owner, which may lead to an award of
damages and costs if judgment is awarded.
what are the categories of licensable music?
The broad categories of licensable music that may be relevant
are:
- radios (shops or canteens)
- televisions
- recorded music (music system; DJ's; background)
- discos
- live music
- karaoke (PRS for Music only)
- music videos.
calculating the cost of the licence
Both PPL and PRS for Music calculate the approximate cost of
'public music' based on various criteria that depends on the type
of music played, which are:
- the number of days per year that music is played within your
business
- the length of time that music is played on a session basis
- the number of persons who will be listening to the music
- the 'audible area' of the music played.
There is a formula for calculating the actual cost based on a
tariff approach to the above questions and this will result in the
annual fee payable. There is a similar basis of calculation for
working out the cost of the annual licence for music played within
a rest area (for example, a staff rest room).
