The Mudcat Café TM
Thread #71765 Message #1229824
Posted By: Dave Bryant
20-Jul-04 - 10:31 AM
Thread Name: Performance Rights Society (PRS) pedants
Subject: RE: Performance Rights Society (PRS) pedants
Some years ago the EFDSS looked into the processing of PRS returns - the form a performer should fill in to register what music he has performed. This should form the basis for what the owners of the songs receive. They found out that for all but the very largest registered venues, the returns were chucked in the bin. Even most Folk Festival concerts were not deemed large enough to be counted in. The returns to authors/composers was then made on a pro rata basis based on those returns from only the big venues. In other words the only people who would benefit from the PRS fee paid for the average folk club venue would be mainly big names in the Pop Music field.
Many folk songs are registered as arrangements by big (often non-folk names) even though they are traditional - for example ALL returns for "Scarborough Fair" go to Paul Simon - even if you are singing the tradition or Martin Carthy version. One of the few songs from the folk scene to make any appreciable money for it's composer's estate is MacColl's "The first time ever".
The PRS "agents" who put the wind up publicans etc. are nearly all freelancer's who work on a commission basis. I have yet to hear of a case actually brought by the PRS against a small venue - they even refused to get involved when a certain Bristol-based singer was giving the impression that he had written several songs which were actually by another singer from the Brighton region. I think that they realise that they would look fools in court if they tried to prosecute someone for singing a song that turned out to be traditional or nicked (by the so-called author) in the first place.
Until the time that the PRS start to really show an interest in processing returns from smaller venues, they shouldn't be trying to force these venues to have PRS licences.