The Mudcat Café TM
Thread #166031 Message #3989248
Posted By: Howard Jones
25-Apr-19 - 03:15 PM
Thread Name: Making folk club recordings available
Subject: RE: Making folk club recordings available
Jim, I think your situation is very different. I don't doubt that you made it very clear to your informants what you were doing and why, and they gave their consent to this, either expressly or by implication. The songs themselves were almost certainly traditional or out of copyright, so PRS have no jurisdiction over them. I don't think you have anything to worry about on the copyright front.
The OP obtained consent to his recordings on the clear understanding that they were for his personal use. Whether he still feels bound by that or now considers that the interests of posterity override it is up to him. At worst he runs the risk of damaging a friendship through a breach of trust - but in those cases he is probably close enough to the person to seek their renewed consent.
There are many areas in life where laws and regulations put in place for entirely justifiable purposes may appear heavy-handed in fringe situations. No matter how much we might wish it were otherwise, the law does have a bearing here. However we shouldn't get it out of proportion. The OP won't get sued or prosecuted. Financially the worst risk is that there is a chance that PRS might try to charge a licence fee. They can only do this if he is making copyright music available, so he could get around this by removing those recordings which PRS could show they administer. They can do nothing about material which is out of copyright or where the composer is not a PRS member. So while copyright must be a consideration, it should not prevent him from going ahead, but it might influence what he puts online and how he administers it in future.