Do I need a PRS music licence?

Note: Copyright law is technical and uses terms and concepts with which most people are not familiar. PRS tries to explain the legal requirement in clear terms for its customers. Please refer to the Copyright, Designs and Patents Acts 1988 for full details or seek independent legal advice.

In UK copyright law, a person wishing to play copyright music in public will generally require the consent (or licence) of the copyright owner before doing so. ‘In public’ means, broadly speaking, to an audience outside of his/her domestic or home circle. If the person does not obtain the required licence they may risk infringing copyright.

So, in nearly all cases, if you are playing PRS music (copyright music written, published or arranged by a member of PRS or one of its affiliated societies) outside the home (or domestic environment), you will need to buy a PRS Music Licence unless:

there is an exemption in the Copyright, Designs and Patents Act 1988 (as amended) that means you do not have to obtain a copyright licence,

your music use is covered by a PRS Charging Policy and PRS has decided, at its discretion, not to make a charge for our licence in your circumstances.

Even if you think you don’t need a licence by law or, that you would not be required to pay PRS a fee as a result of a PRS Charging Policy, we always recommends that you contact us to discuss your music use. We will help you ensure that you have the right licence in place to lawfully perform and authorise the performance of PRS music in your premises. If you don’t need a licence, or if you don’t need to pay a licence fee, PRS will note this information and ensure that you do not receive our standard mailing letters.

PRS Charging Policies

PRS has a number of discretionary charging policies which define circumstances in which we choose not to make a charge for our licence.

PPS Charging Policies are entirely at the discretion of PRS. PRS reserves the right to change its charging policies with reasonable notice.

A charging policy does not necessarily cover all music use in a premises – you may need to pay a licence fee for some of your music use. See below for details. You are responsible for making sure you have the right licences in place.

These Charging Policies apply to the public performance of PRS music in the circumstances described. Any other uses of music may require payment of a licence fee.

Currently PRS has charging policies affecting the following:

Medical Music Therapy
Healthcare premises
Residential homes
Shops
Workplaces
Music used in divine worship
Music used in wedding ceremonies, civil wedding ceremonies and civil partnership ceremonies
Police Stations
Crematoria, chapels of rest and funeral parlours
Private family events

1. Medical Music Therapy

PRS does not make a charge for music used as part of Medical Music Therapy sessions, in whatever premises those sessions take place. Medical Music Therapy means formal therapy sessions where music is an integral part of the therapy, used for the direct benefit of individuals with diagnosed conditions.

Medical Music Therapy does not include background music use as part of other kinds of medical or non-medical therapy, such as physiotherapy or massage, as music is not an integral part of the therapy.

2. Healthcare premises

PRS does not make a charge for our licence in the following circumstances:

Background music use in treatment and therapy areas within hospitals and clinics (including outpatient units attached to hospitals), except where a specific charge is made to the patient for the use of music. This includes areas used by patients (such as patient wards, patient day rooms, patient dining rooms, treatment rooms and operating theatres). A licence fee is payable for other areas such as foyers and waiting rooms, cafes, restaurants, music at events, staff only areas and staff clubs.
Any music use in a hospice, refuge or similar premises, where the music use is consistent with the activity of the centre.
Background music use in certain areas of Medical Day Centres, exclusively used by patients/attendees who have been referred to the centre by their medical practitioner (or similar). These premises are considered the same as hospitals and clinics. PRS does not make a charge for background music use in treatment and therapy areas or areas such as patient lounges and dining rooms.

This policy does not cover GP surgeries or dental practices, nor cosmetic treatment and therapy areas in the non-medical sector (e.g. beauty therapy, nail-bars).

This policy does not cover non-medical day centres.

For all other healthcare premises, a licence fee remains payable.

3. Residential homes

This policy relates to premises such as residential homes for the elderly or disabled and premises within sheltered communities.

PRS does not charge for music use in residential homes, where the use is consistent with normal domestic music use. For example, the following uses would not be charged:

Background music use in bedrooms, flats and communal areas
Informal performances of music
Formal performances of music where no related charge is made to the residents.

Any music use not consistent with normal domestic use remains chargeable. This may include formal performances where a charge is made to the residents, or use of hold music on telephone systems.

In addition, PRS does not make a charge for our licence for any music use in a hospice, refuge or similar premises, where the music use is consistent with the activity of the centre.

4. Shops

Some shops may not need to pay a licence fee if the only use of music is covered by PRS’s ‘Working Order Check’ policy.

PRS, at its discretion, does not charge a licence fee where the only use of music in a shop is the result of a very brief check to ensure that electrical equipment or musical instruments are in good working order. This policy may, for example, affect electrical repair shops or music shops.

5. Workplaces

Workers/colleagues and/or customers/clients have been recognised by the courts as falling within the composer's ‘public’. Any person wishing either to play or to authorise the playing of PRS music to such individuals in the workplace - wherever that workplace is situated - should therefore obtain a PRS licence.

PRS requires any workplace using music to obtain a PRS licence. However, PRS, at its discretion, will not make a charge for its licence in certain circumstances:

Home offices within a private residence - for an individual working on their own in the home office or for people who are permanently resident at that address. However, if you have colleagues working with you (who do not live at the premises) or customers/clients coming into your home (and music is played at these times), PRS would apply the relevant tariff.
Lone workers - workplaces with only one worker, where music is not made available to any visitors/customers coming onto the premises.
Personal Portable Devices - Where music is only used in the workplace by individual employees or workers solely by means of Personal Portable Devices (such as MP3 players) with headphones. Any music must only be audible to the employee or worker to whom the Personal Portable Device belongs through a headset attached to that device and not to any other individual in the workplace.

If music is made available to employees or visitors to the premises by any other means, PRS would apply the relevant tariff.

6. Music used in divine worship

PRS, at its discretion, does not make a charge for music used at a recognised Service of Divine Worship in consecrated places of worship (of any recognised faith), where no charge is made to attendees for admission.

7. Music used in wedding ceremonies, civil wedding ceremonies and civil partnership ceremonies

PRS, at its discretion, does not charge for music use as part of official wedding ceremonies or similar, in whatever premises the ceremony takes place. This includes:

Religious ceremonies
Civil ceremonies
Civil partnership ceremonies

8. Police Stations

PRS, at its discretion, does not charge a licence fee for the public performance of our music by recorded means or via TV or radio where these performances take place in police stations as part of a specific criminal investigation.

PRS does not charge a licence fee for devices which are used solely for the purpose described above.

If the device is used for any other purpose, such as training, recreation or any activities not directly related to a specific investigation, the standard PRS charges from the applicable PRS tariff(s) will apply.

9. Crematoria, chapels of rest and funeral parlours

PRS, at its discretion, does not make a charge for any music use as part of funeral services or in waiting areas of crematoria (or similar premises).

This includes:

Music as part of religious or secular funeral or remembrance services for individuals
Music in waiting rooms at crematoria or similar premises

10. Private family events

PRS does not make a charge for functions of a purely domestic or family nature, such as wedding receptions, christening parties or domestic birthday parties, when:

Attendance of guests is by personal invitation only (except for staff, performers, etc.)
The function is held in a privately-booked room, not at that time open to the general public
There is no form of charge made for admission
There is no financial gain to the function’s organiser or host (e.g. the person hiring the venue)

Exemptions in the Copyright, Designs and Patents Act (CDPA)

There are very few exemptions in the CDPA which affect PRS’s right to license the public performance of our music.

Schools

Following the exemption defined in the CDPA, PRS does not license music use as part of the national curriculum or at any educational establishment where the audience comprises teachers and pupils (and other persons directly connected with the activities of the establishment) and the performance is given by a teacher or pupil (or by any person for the purposes of instruction), in the course of the establishment’s activities. Other music use in schools, colleges and universities does require a PRS Music Licence. We have special tariffs in place for these organisations. For example, for a very reasonable licence fee, schools can use unlimited music throughout the year.

Schools and further education colleges are licensed through our agent CEFM.

What’s included in the ‘domestic environment’?

There is no specific legal definition of a public performance [link to PRS What is a public performance?]. However, PRS would consider your domestic environment to include your own home (assuming it is not also your workplace or a registered business address) [link to workplace policy above], a private vehicle or private gatherings or events with family and friends [link to Private Family Parties].