Performing Rights Society

[davidk1]

One of my customers has been contacted by the PRS demanding money for playing a radio in their workshop. The PRS maintain that by playing a radio in a "public place" allows them to collect royalties on behalf of the performers singing on the radio. They maintain its against the law not to have a licence. My local GPO sorting office where we collect our mail have a radio blaring out all the time but no sign of a PRS licence certificate. Is this the PRS going after the easy target?

 

[Power Lunch Club]

How many people are in the workshop?

 

[Former Member 1]

One of my customers has been contacted by the PRS demanding money for playing a radio in their workshop. The PRS maintain that by playing a radio in a "public place" allows them to collect royalties on behalf of the performers singing on the radio. They maintain its against the law not to have a licence. My local GPO sorting office where we collect our mail have a radio blaring out all the time but no sign of a PRS licence certificate. Is this the PRS going after the easy target?

No; this is actually fairly common....

Offices and factories

Licensing music is an absolute nightmare, and as much as people need to be sure they're complying with any requirements with regard to playing music in the workplace they need to be PARTICULARLY careful if they're incorporating it into other material.

Best advice is DON'T!

 

[davidk1]

There are four employees in the workshop.

What difference does that make? Are there rules as to the amount of employees before PRS take action, and what action can they take if you tell them to go s---f themselves?

 

[stugster]

They can take you to court as they are the people representing the copyright holders of the music you're playing... Fortunately, a PRS license for your kind of situation wont be expensive, and at a guess would be around £100 a year.

Give them a call in regards to it. But you definitely need one if you're playing music.

 

[davidk1]

They can take you to court as they are the people representing the copyright holders of the music you're playing... Fortunately, a PRS license for your kind of situation wont be expensive, and at a guess would be around £100 a year.

Give them a call in regards to it. But you definitely need one if you're playing music.

If the radio is playing why is a licence needed? The music is coming from the radio and being played by the person on the radio, therefore I presume its a broadcast freely available to anyone who tunes in to that station and when you say "they can take you to court" the question is "will they". I have checked this and there is no clear evidence of anyone being taken to court by the PRS, although I suspect the threat of court action may be sufficient for people to pay their fee. Is it only the workplace that a licence is required? what if I go down to the beach and play a cd for my pleasure and it just happens that others can hear it.......do I require a licence?

 

[Former Member 1]

If the radio is playing why is a licence needed? The music is coming from the radio and being played by the person on the radio, therefore I presume its a broadcast freely available to anyone who tunes in to that station and when you say "they can take you to court" the question is "will they". I have checked this and there is no clear evidence of anyone being taken to court by the PRS, although I suspect the threat of court action may be sufficient for people to pay their fee. Is it only the workplace that a licence is required? what if I go down to the beach and play a cd for my pleasure and it just happens that others can hear it.......do I require a licence?

This has been flogged to death elsewhere and the law is very very clear.....

In the UK the PRS is THE gatekeeper organisation that acts in lieu of a government authority to ensure that musicians and other performers get paid for the work they do.

By providing or permitting music to be played on commercial premises you (legally) derive a commercial benefit from that music. It matters not one jot whether the source a radio broadcast or CD; whether you have one employee or a thousand... The terms of licence on a CD are for private and domestic use only. AS are the terms of licence for radio broadcast.

The PRS regularly prosecute.

The reason you won't find many cases before the courts is that no solicitor would advise their client to do anything other than settle out of court. If you're playing commercially published music on commercial premises and don't have a PRS licence you'd need to be an absolute complete and utter moron to go before the courts as the only thing you'll get is a HUGE order for costs on top of the licence fee and possible damages!

And no; you probably don't need a PRS licence to play your radio on the beach unless that is your workplace as that would be a domestic use and probably within the licence.

 

[davidk1]

I think that explanation is pretty concise, I just wanted to know what would happen if you didn't have the licence. I'm now happy in the knowledge that Elvis Pressley; Dean Martin; Perry Como and all other deid singers and musicians are still being paid. I hope when I'm gone I'll still get paid for some work of mine that might benefit others who might read or even listen to it. Thanks again.

 

[Former Member 1]

I think that explanation is pretty concise, I just wanted to know what would happen if you didn't have the licence. I'm now happy in the knowledge that Elvis Pressley; Dean Martin; Perry Como and all other deid singers and musicians are still being paid. I hope when I'm gone I'll still get paid for some work of mine that might benefit others who might read or even listen to it. Thanks again.

Oh don't start me on who actually gets paid.... For I'm no fan of the PRS or how they operate..... But I do have friends and colleagues who's precarious financial state is regularly salved by fairly modest contributions from the PRS. And have to concede, as flawed a system as it is, it is a system...

Bear in mind that where music is concerned there are all sorts of different 'layers' of rights; from the person who wrote the tune, the person performing it, the recording engineer etc etc etc....

 

[Power Lunch Club]

There are four employees in the workshop.

What difference does that make? Are there rules as to the amount of employees before PRS take action, and what action can they take if you tell them to go s---f themselves?

I just couldn't tell from your post David, initially...but fraid so, if it's two or more, they can come after him for Royalty chagres.

here's the pricing structure page

http://www.mcps-prs-alliance.co.uk/... Guides/Offices and Factories Price Guide.pdf

Gordon