The Mudcat Café TM
Thread #77076 Message #1382104
Posted By: GUEST,The Shambles
19-Jan-05 - 05:30 AM
Thread Name: Obit - Samuel Smiths and LIVE music
Subject: RE: Obit - Samuel Smiths and LIVE music
Of course it isn't better. I was simply pointing out what the law is.
The law does not mean that all music can be prevented for the lack of a PRS/PPL etc licence - even if folk may told to accept that it does. If it does mean that in practice - then this law is an ass and the quicker it is changed (for all concerned) the better.
Most of the recent licensing issues that have caused problems to live music and to sessions in particular - are because officials have stated that the law supports their actions and the folk affected have largely accepted that the law did support these actions. In mamy cases the law does not support theses actions and there were other laws that protected the activities affected.
But most of the resulting activity was in folk finding ways around the law or finding alternative homes - not in establishing what the law did in fact support and fighting to change the situation.
The fatal thing is to ever accept at face value the things that you are told the law supports. If it seems unlikely that the law should prevent such activities as we are concerned with here - it is probably because the law - in fact does not support such prevention.
If PRS/PPL had a mind to - of course they could make trouble for a licensee who held a non-copyright only session - by insisting that a fee be paid for a particular copyright piece (accidently) played. But it would not be possible for these bodies to legally prevent such an event.
The onus should be on the body to demonstrate their claim - not for us to demonstrate that they do not have a claim. The impractibilty of such a system of collection - as used at present - is a matter for these bodies to deal with.
However, that has been the pattern - the officials make a lot of noise and trouble and inhibit licensees in particular as a result - who either pay-up or stop the activity. Very few (if any) have been legally tested by resulting prosecution and as a result - what officials claim to be the law - in practice actually becomes what you are told to accept IS the law.