The Mudcat Café TM
Thread #77076   Message #1382144
Posted By: pavane
19-Jan-05 - 06:38 AM
Thread Name: Obit - Samuel Smiths and LIVE music
Subject: RE: Obit - Samuel Smiths and LIVE music
I am still not clear on who controls what.

The PPL and PRS are DIFFERENT bodies, but both seem to claim to control the rights and collect payments for public playing of prerecorded music - is that right?

So do we pay TWICE?? Clarification in this area seems to be necessary.

From the PPL web site:

You need to have a PPL licence if you use sound recordings in any of the following ways:
...
This includes radio and television (analogue and digital), cable, satellite, internet radio and simulcasts
...
If you use music on your premises, such as night-clubs, pubs, in the workplace; or if you are an individual using music such as a dance teacher or aerobics instructor

As a result of legislation passed in the UK in December 1996, all performers now have a new statutory right to receive a share of the income earned whenever the recordings on which they have performed are broadcast or played in public. In the past, we made ex gratia payments to featured performers each year, but this new legal right applies to each individual performer - whether featured artist or session musician.

Distribution to PPL record company members and performers is made annually at the end of each financial year on a 50/50 basis. This means that revenue allocated to each qualifying performance will be shared 50/50 between the PPL record company member and the performers on a track-by-track basis.



AND
The Performing Right Society collects royalties on behalf of music creators and publishers for the public performance and broadcast of their copyright musical works.



From the PRS web site:

MCPS and PRS exist in order to administer the copyright in musical works (including lyrics) on behalf of their writer and publisher members.

The essential function of PRS is to collect and distribute music royalties on behalf of its members.
PRS is known as a 'collecting society' because its primary role is collecting royalties from music users in the UK who every day publicly perform, broadcast and include music in cable production services. PRS also collects royalties from around the world for its members through reciprocal agreements with collecting societies overseas.

PRS collects the royalties by issuing a licence to the music user (usually charged on an annual basis). In order to then make royalty payments to its members, PRS needs to know what music is being played. Major users, such as the BBC and large concert venues, give PRS detailed reports of the music they play. For many other venues including commercial discos, clubs and pubs, PRS sends researchers to obtain first hand information.

With an estimated 8 billion public performances in the UK every year it is not possible to track every one. To pay out these royalties, statistical methods are used based on actual performance information.