A licence just to play music - why should I bother?

Most people involved in the Pub, Bar & Leisure Industry seem to find the legal complexities of music copyright licences utterly bewildering. The same basic questions always arise, what is copyright? why do I need a licence? and do I really need to bother about it?

Copyright was introduced some 300 years ago. Originally it literally meant the right to copy and was given to authors of books and articles. Today the law protects a wide range of material such as literary, dramatic, artistic and musical works, broadcasts and cable programs, films and sound recordings.


UK law gives the owner an exclusive right which allows them to exploit their work commercially & most importantly to prevent others from infringing those rights. If you are playing music in public you are legally required to hold a licence from the Performing Right Society (PRS) and in most cases, also from Phonographic Performance Ltd (PPL).


PRS licence the use of music and distribute fees to composers and music publishers. PPL licence the use of the sound recordings (cds & tapes etc) and distribute fees to record companies and artistes.


Pub, Bar & Leisure venues require PRS & PPL licences for a number of activities involving the use of music & recordings. Background music, discos, live acts, karaoke, attracts fees using very different criteria. Installing a background music system, using TV/radio, providing music on hold for your telephone system, are just some other examples of where your premises will require the requisite music copyright licences


There are some events that might not require a licence or where special conditions are applicable. For example hiring’s for weddings or birthdays are treated differently by PRS & PPL than the licensing of commercial events open to the public at large or events organized solely for members of a club or residents of a hotel.


There are also over 70 different PRS & PPL tariffs covering a wide variety of activities and events and without the correct advice companies can end up paying too much. However, ignore the licensing organisations altogether and you could risk costly surcharges or even litigation.


Obtaining your licences to play music really is worth bothering about and ensuring at the same time that you are provided with the correct advice will undoubtedly save you time & money.


For most premises, only PRS & PPL licences will be required but if your activities are more varied then other organisations will need to be contacted. For example, if venues use music videos then a licence is required from Video Performance Ltd (VPL). If you show feature films then a screening licence is required from Filmbank Distributors Ltd.


David Newham Associates (DNA) was established in 2004 in order to provide support to music users, trade associations and other interested organisations. As members of NOCTIS (formerly) BEDA & the Music Users Council, DNA is at the forefront of providing professional advice on all aspects of music copyright licensing.
DNA specializes in providing advice to the Pub, Bar & Leisure Industry. We can also assist with or administer licence applications for PRS & PPL or carry out checks on existing licences with a view to making sure you are not overpaying.


As a result of the recent Tribunal Decision over PPL fees for background music in pubs, bars, restaurants & hotels, if you are due a refund we can help with the calculations & paper work to ensure you receive the correct amount back from PPL.


In a period of recession and very difficult trading conditions, the year ahead could prove to be one of the most challenging yet for the Leisure Industry as PPL & PRS attempt to increase licence fees for a number of their tariffs.


Now is the time to bother about music licensing and ensure you are accurately licensed under the correct PRS & PPL tariffs.

For further details contact DNA on 020 8366 3311 or visit www.davidnewham.co.uk   Email: david.newham@firenet.uk.net
 

     
   
   
 
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