PRS At a Glance Sound Advice
What is PRS? The Performing Right Society (PRS) is a non-profit membership organisation which collects licence fees from music users, PRS then distributes the money to its members, the writers and publishers of music, and to affiliated societies worldwide. This is regardless of whether the music performed is live or by recorded means be it from a television, a jukebox, or through the internet.? A PRS Music Licence is a legal requirement if the use of the music is a public performance i.e. outside the home. Who needs a PRS Music Licence? Any location or premises where music is played and can be heard by the public. Any premises outside the home, from clubs to concert halls, from discos to dentists waiting rooms, and from trains to take aways. Usually, the proprietor/manager of the premises is responsible for obtaining a PRS Music Licence. Is a PRS Music Licence required by law? Yes. The Copyright, Designs and Patents Act 1988 means that if you use copyright music in public, you must first obtain permission from every writer or composer whose music you intend to play. In the UK, we represent these copyright owners, so a PRS Music Licence gives you the legal permission to play just about any copyright music in the world repertoire. A PRS Music Licence is required regardless of the ownership of any other type of licence.
What if I don t obtain a PRS Music Licence? If customers or employees of a business are listening to copyright music on your premises, you have a legal obligation to obtain a PRS Music Licence. Failure or refusal to obtain a PRS Music Licence may lead to the copyright owner taking legal action against you for copyright infringement and you may become liable to pay damages and costs. What is classed as a public/private performance? Copyright legislation does not define what a performance in public is. From court precedents (notably Jennings v Stephens 1936) it is clear that any performance outside the domestic or home life of the audience is justly to be regarded as in public. This is despite any definition drawn from different statutes or local regulations for other purposes. For example, for PRS licensing purposes a private members club or private cinema are still licensable venues where listeners do not form part of the domestic audience. But I already have a PPL licence. Phonographic Performance Ltd (PPL) licenses sound recordings which are carriers of original musical works (controlled by PRS). So, if you play CDs, tapes or records you may also need a PPL licence as well as one from PRS. PPL represents the record producers, and PRS the composers and music publishers. Contact PPL for more information about the need for a PPL Licence on 020 7534 1000.
At-a-glance guide to entertainment licences If you intend to use entertainment on your premises please use the guide below to show you which licences you will require. Choose the source of entertainment from the top row. Follow the column down, if there is a tick present you will need the corresponding licence from the left hand column to authorise the entertainment in your business. Source Licence Jukebox CD/Record /Tape Radio TV (inc. satelite) Video/Films Live Music DJs/Dancing Karaoke PRS (Performing Right Society) PPL (Phonographic Performance Ltd)* VPL (Video Performance Ltd) Premises Licence, Personal Licence, Club Premises Certificate, Temporary Events Notice ** Filmbank Cinema licence *** TV licence NB If you live in Scotland please contact your local authority for licences needed. * PPL charges are sometimes included in the rental charges by jukebox or music suppliers. Check with your agents for details. Please check with PPL. ** Please check with your licensing (local) authority about new licences in England and Wales under the Licensing Act 2003. *** This licence is not required by all local authorities.
What is the Licensing Act 2003? For the avoidance of doubt, PRS issues copyright music licences by virtue of the provisions of the Copyright, Designs and Patents Act 1988 and the need for a PRS Music Licence remains unaffected. The Licensing Act 2003 modernises and integrates various old licensing laws. It concerns the prevention of crime and disorder; public safety; the prevention of public nuisance, and the protection of children from harm. Please consult your local authority about applying for licences under the Licensing Act (including in regard to certain "regulated entertainments"). N.B. The Licensing Act 2003 applies in England and Wales only. What music does PRS control? Through a network of reciprocal agreements with affiliated societies PRS represents the majority of copyright music from countries all over the world. Music composed by writers from countries such as India, China, France and USA forms the PRS repertoire. In the UK a PRS Music Licence gives the holder the right to use any music from this huge collection. If required, please contact PRS on 0800 068 48 28 for a full list of the countries we collect on behalf of. What does PRS do for its members? Collects money through the licensed use of their works. Distributes this money by collecting performance information from use of their music, broadcasting and in public performance. Undertakes regular sampling surveys of the music played in pubs, clubs and other venues. Where does the money go? After deducting administration costs, all of the licence fees collected by PRS are distributed as royalties to composers, writers and publishers whose music is played in the UK. This includes not only PRS own members, but members of similar bodies in other countries around the world.
How do you know who to pay? Certain types of venues licensed by PRS (e.g. theatres and concert halls) are asked to supply full details of music played. In most cases though, the PRS Music Survey is used to collect representative details of music in use. Sample venues are visited by a music researcher who fills out a questionnaire to report the music being played. From this data PRS is able to work out what should be paid to each member. What does PRS do for music users? By obtaining a PRS Music Licence and paying the appropriate fee, the music user can legally use any copyright music that the Society controls - which means just about all the copyright music in the world! How are PRS Music Licences fees set and are they fair? Where possible, PRS agrees its public performance tariff rates with national trade associations or representative bodies of particular sectors. Where no organisation exists, or there is neither agreement nor disagreement, PRS publishes tariffs related to agreed tariffs. How much will a PRS Music Licence cost? The cost of a PRS Music Licence can depend on the type and size of premises and the nature and extent of which the music is played. PRS operates various licensing schemes to suit different music using sectors. We have a variety of different payment methods ranging from debit/credit card to personally tailored instalment plans, making it easy to choose an option that best suits you. Using Music Music can be used as a successful business tool by: Attracting customers Creating a positive effect on customer behaviour Benefiting employees Increasing turnover Used appropriately, music can do all of the above and more for you. It can give you an edge over your competitors, provide a better working environment for employees, help establish a core of faithful customers, and enhance people s perception of your brand. All are essential elements for the success of any business.
Music Research PRS has commissioned research by Dr Adrian North (Music Psychologist, University of Leicester) into the effects of music. These studies include: Music and on-hold waiting time - A study on how on-hold music affects callers waiting time. Callers prefer music to silence and are likely to hold for 20% longer when music is played. A North, D Hargreaves, J McKendrick (1999) - Music and On Hold Waiting Time Music in the workplace - A study on the effects music has on the workforce. 12.5% more vouchers were processed when fast music was played compared to the days when slow music was played A North, D Hargreaves (1999) Musical Tempo, Productivity, and Morale. Music at rugby grounds - A study on the effects that music can have on sporting events and how it can change an atmosphere. 67.8% of respondents said that the music helped to create lively atmosphere A North (Feb 2003) - Music in Rugby Grounds. The effects of music on purchasing intentions at a bar A study on the financial benefit music has in a bar. The maximum price customers were prepared to pay for a pint of lager during periods of silence averaged 2.02 but when classic music was playing the average was far higher at 3.27 A North, D Hargreaves, J McKendrick (1998a) - The Effects on Atmosphere and Purchase Intentions in a Bar. For complete summaries on these studies please contact us on 0800 068 48 28
For advice on obtaining a PRS Music Licence Call free on: 0800 068 48 28 Email: musiclicence@prs.co.uk Or visit www.prs.co.uk/musiclicence Performing Right Society Ltd Registered in England No. 134396 Registered Office: 29-33 Berners Street, London W1T 3AB Edition - 08/05