Why does a local authority need a PRS licence?
Generally speaking, any music provided outside the domestic circle or home life of the audience is regarded as a public performance. To comply with copyright legislation public performances of copyright music must be authorised by the owner of the copyright in the works concerned. It is the responsibility of the local authority to obtain a PRS Music Licence for musical performances at its premises, regardless of whether the authority or a third party provides the music.
What kind of premises and performances?
Some types of musical performances - such as concerts and discos - spring to mind more readily than others. Less obviously, background music at, for example, workplaces, canteens and in leisure centres, and music on your telephone system must also be authorised. Regardless of whether performances are live, mechanical, featured, recorded, background, conditional upon an admission charge or membership, restricted to employees and so on, a PRS Music Licence must be obtained and appropriate royalty charges paid. This is also the case for music at free and open-air events, such as buskers in town centres, outdoor concerts/live music or parties. The appropriate PRS annual reassessment forms will therefore need to be completed to report the nature and extent of music presented or permitted by all departments within the Authority.
What about leisure/community centres, halls and theatres at school sites?
Schools and colleges which are owned or controlled by Local Education Authorities (LEA), and voluntary schools under their jurisdiction, are otherwise covered by PRS licensing arrangements - under Tariff EE (schools) and Tariff ‘FE’ (further education colleges) administered by PRS’ agent The Centre for Education and Finance Management Limited www.cefm.co.uk. Details of music use at such establishments should not be shown in your return to PRS. Third party hirers need to obtain individual permits for their events with music.
Currently, premises such as purpose-built theatres, halls, leisure or community centres sited on LEA-owned school grounds are excluded from the scope of PRS’ licensing arrangements for educational establishments and do need to be declared in your return to PRS.
How are PRS charges assessed?
PRS publishes a range of over 40 public performance tariffs, appropriate to different categories of premises and types of performance. So, PRS needs to have details of the premises concerned and the use being made of its members’ music. Normally, towards the end of each licence-year, PRS will provide you with a spreadsheet for completion, requiring details of all music use during the past licence-year. Upon receipt of the performance particulars, PRS will calculate royalties payable and raise an invoice for the ensuing licence-year (with appropriate adjustment to the previous licence-years charges).
Wherever feasible, PRS negotiates tariffs with national trade associations or representative bodies. In a few cases, PRS tariffs have been set by decision of the independent Copyright Tribunal (or its predecessor The Performing Right Tribunal). Wherever particular performances do not fit the exact published scope of a standard tariff, PRS will apply the nearest equivalent. Prints of PRS tariff booklets, or electronic versions by e-mail, are available on request.
Full details for all premises at which music is used should be declared on the review spreadsheet. If appropriate, please enter details of box office receipts for individual variety show runs and popular and classical music concerts. This information is needed primarily to assist PRS to distribute royalties to the appropriate writers and publishers. It also helps to identify performances which contain no PRS-controlled works and for which no royalty is therefore due.
Who is responsible to PRS when the premises are let?
The proprietor of the premises is primarily responsible. The promoter of a musical event, and the performers themselves, all have a responsibility to ensure that no infringement of copyright occurs. However, it is PRS practice to issue its blanket licence in the first instance to the proprietors (or responsible management committees) of the premises used for public performance. Where a local authority gives permission - whether free or not - for an event that may itself be free to the public, or subsidised, it remains liable to PRS for music used at such events (including, for example, open air concerts). We draw your attention to your responsibilities as defined in section 25 of the Copyright, Designs and Patents Act 1988.
Please note, therefore, that in all PRS returns details should be given both for promotions by the local authority and for events where the premises were let. If you are experiencing difficulties obtaining details of box office receipts, etc. from hirers, we recommend that you make the provision of the particulars required by PRS a condition of hire for users of your premises.
What about premises subject to compulsory competitive tendering (CCT), or other changes?
Where premises are controlled by a Direct Services Organisations (DSO) these are still covered under the local authority’s blanket licence from PRS.
Where premises become controlled by a private sector management, which is either fully independent of the local authority or has responsibility for day-to-day financial and administrative tasks, the managing company should obtain a new individual licence from PRS. PRS requests local authorities to notify it of specific premises and management companies before such changes are about to happen. PRS could then consider any necessary accounting adjustment in favour of the local authority if royalty payments thereafter become due from the managing company. It is not PRS policy, normally, to make retrospective adjustments or refunds between licensees when it hasn’t been notified of changes. The PRS Music Licence is not transferable.
Must all performances be paid for?
Currently, PRS does not seek to charge for music used at the following:
- Recognised Services of Divine Worship in consecrated places of worship such as Christian churches and cathedrals (and places of worship of other faiths) having no charge for admission.
- Family events (e.g. wedding receptions, birthday parties and similar events) where admission is free and limited to personally invited guests only in a privately-booked room not open to the general public.
- (Informal performances in residential homes (including performances in communal rooms) provided for the benefit of residents where such performances parallel those that might be expected to form part of the normal domestic environment. Organised events remain chargeable.
What about theatrical presentations?
PRS does not control dramatico-musical works (operas, musical plays, pantomimes and revues in so far as they consist of words and music written expressly for them) and staged ballets, for which prior permission must be sought direct from the publisher or other copyright owner. Permission to interpolate pre existing music into the stage action of plays and compilation shows must be obtained prior to planned performances. Such uses are not authorised by PRS licence unless the copyright holder has given clearance. Further details can be found in the Music in Theatres section.
What programme information does PRS require?
It is a condition of the PRS Music Licence that, when requested, the licensee shall supply details of all musical works publicly performed.
Please note that PRS former Significant Venues List and Significant Festivals List have been discontinued and only apply to pre-1999 performances.
In regard to local authority controlled venues, PRS currently requires printed programmes or completed programme forms for all live performances of music at venues licensed under the following PRS public performance tariffs:
PRS programme forms (and supporting declaration slips for use with printed programmes) are available, as is further information in this regard, upon request from PRS.
Licensing Act 2003
Since the introduction of the Licensing Act 2003, local authorities in England and Wales have started to issue Premises Licences and Personal Licences for licensable activities including regulated entertainments. These licences supersede, for example, the Public Entertainment Licence (PEL) and local magistrates liquor licences. For the avoidance of doubt in the minds of applicants for such licences, the Licensing Act 2003 brings about no change to existing copyright legislation. By virtue of the 1988 Act, the Performing Right Society (PRS) issues licences to authorise the use of original copyright musical works (by whatever means) and Phonographic Performance Limited (PPL) issues licences to authorise the use of sound recordings (sound carriers such as CDs, records, tapes, and film soundtracks). It would be helpful if local authorities advised their own applicants to contact PRS and/or PPL as appropriate for further licensing advice.
European Copyright Directive
On 31 October 2003, the Copyright and Related Rights Regulations 2003 came into force. The Regulations, which give effect to the European Copyright Directive, make certain changes to the 1988 Act. Although the Regulations do not affect PRS public performance rights in musical works, they introduce important provisions relating to rights in sound recordings, notably in limiting the scope of the exceptions to copyright protection set out in section 67 (playing of sound recordings for the purposes of a club, etc) and section 72 (public playing of broadcast sound recordings). For more information about these changes, please refer direct to PPL.