22 August 2008
PRS wins ruling that paves the way for fair and efficient pan-European licensing
The UK’s Performing Right Society has won a court case over its Dutch equivalent, Buma, preventing them from issuing an illegal pan-European licence for online rights.
The important decision confirmed that collection societies cannot issue licences without the consent of rightsholders and will ensure that the rights of all songwriters and music publishers will be fairly upheld throughout Europe.
On 19 July 2008 Buma announced that it had issued a pan-European licence to online music provider Beatport and claimed that it was for worldwide repertoire, including that controlled by PRS.
However, Buma is not authorised to include PRS repertoire in any multi-territory licence, anywhere outside the Netherlands.
As no amicable resolution could be found, PRS sought an urgent injunction on 24 July 2008 to prevent Buma from continuing to breach their contract and causing licensees to infringe PRS rights.
In yesterday’s decision the judge ordered Buma to refrain from granting licences that offered the use of PRS repertoire outside of the Netherlands. He found Buma offered “no convincing arguments” of its case.
Karen Buse, Managing Director of International for the MCPS PRS Alliance said:
“We are disappointed that Buma decided to act in the way it did but pleased that the judge has upheld the contract terms between PRS and Buma, confirming that no society can issue licences without the express agreement of the other.
PRS welcomes fair and healthy competition for members across Europe and we look forward to working with all collection societies in the future to provide the best possible service to songwriters and music publishers.
We shall also continue to operate our own successful and legal pan-European licensing scheme; making it easy and efficient for online music services across Europe to access the music they need to support and grow their businesses.”
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Notes to Editors:
PRS, The Performing Right Society, creating a future for music. As a not-for-profit membership society, PRS ensures composers; songwriters and music publishers are paid royalties when their music is used. Music is everywhere, every day: live performance, TV and radio, CDs, DVDs, downloads, streams and everything in between. Royalties create a future for music by supporting creators while they continue to write. www.mcps-prs-alliance.co.uk
Contact:
MCPS-PRS Alliance Catherine George 020 7306 4229