Rules & Regulations

Music Licences

Music

If you wish to provide any music at all for your staff or customers - even playing the radio while your customers eat breakfast or queue for an attraction - you are required to hold at least two licences. The Performing Rights Society (PRS) protects the copyright for writers, composers and music publishers and the Phonograph Performance Ltd (PPL) protects the copyright on behalf of record companies and performers. This topic covers these two licences.

If you have a music event you will also need a premises licence under the Licensing Act 2003 from you local authority.

Performing Rights Society (PRS) and Phonograph Performance Ltd (PPL) Licences

The moment you play music in public, however you transmit it: radio, television, PC - even if you play the music yourself on your own piano - you will need a PRS licence, unless you are only ever playing music which you have composed yourself or which is otherwise not copyright protected. The PRS licence covers the copyright of the content - the music itself.

In addition, you will also need a PPL licence to cover you against copyright infringement of the recording (again, unless you only ever play music that is not copyright protected and which you have recorded yourself, eg your own CD of your own compositions). This is because the PPL protects the rights of record companies and studios and covers the sound recording.

If you only play music in public from the radio or television you can get a reduced price PPL licence. But if you play from tapes, CDs or other legal methods of storing and playing music, like legal MP3 downloads and similar, then you will need a full PPL licence.

Get the right licences and buy early

Both the PRS and the PPL provide different types of licence depending on:

• the type of your business
• the size of your business
• how many customers can listen or what audible area you transmit across
• what type of musical event you are providing:
  • background music
  • music feature, like a disco or karaoke

Buy any licence you need before you start transmitting music or having it performed - not only does this ensure you are not committing an offence by infringing copyright, but the costs go up if you acquire a licence in retrospect.

Live performances

Finally, be careful about live performances of copyright music - ie other than the performer's own compositions. These need to be covered by a PRS licence too. Contact PRS directly for more information.

You will also need to make sure you have a Premises Licence or a Temporary Event Notice - see the Licensing Act 2003 pages for more information.

To obtain a PRS licence www.mcps-prs-alliance.co.uk.
To obtain a PPL licence visit www.ppluk.com.

Music events

If your music is more than just background, ie you're putting on a music event, whether using live or recorded music (such as a disco or karaoke) you'll also need, in addition to the correct licences from the PRS and PPL, a premises licence under the Licensing Act 2003 from you local authority.

The Musician's Union has put together a Live Music Kit to help you successfully and legally put on and promote live music events, but since the kit covers health and safety, licensing and contracts it is an invaluable resource for any music event, live or otherwise.

Serviced accommodation

There is some controversy over whether you require a PRS licence for guest bedrooms as well as for public areas. The PRS maintain that you do, but the British Hospitality Association assert that because guests bedrooms are a private area as opposed to a public one, then a guest bedroom PRS licence is not required in addition to any licence already held for music played in public areas such as the breakfast room or lounge. A recent ruling by the European Court of Justice (7th December 2006) seems to suggest that if your systems are set up so that the radio or TV on which music is played in the guest bedrooms receives its signal directly from the transmitter, it could well be that you don't need a guest bedroom licence (though this has not been tried in law). On the other hand, if your internal system is transmitting the signals for these devices then you are broadcasting the signal, and it could well be that you are liable for a guest bedroom licence (though, again, this hasn't been tried in law).

Further information and guidance

www.mcps-prs-alliance.co.uk
This is the website for the Performing Rights Society (PRS) where you can find advice and guidance, and download price guides for your business type. Contact tel: 0800 068 4828.

www.ppluk.com
This is the website for the Phonograph Performance Ltd (PPL). Price guides are available online. Contact tel: 020 7534 1030.

www.culture.gov.uk
This is the Department of Culture Media and Sport (DCMS) website, the department responsible for overseeing the Licensing Act 2003 which requires that premises putting on music entertainment must obtain a premises licence. This site offers a large amount of information about regulated activities, such as music events, and guidance for obtaining the correct permission.

www.musiciansunion.org.uk
This comprehensive site contains a wealth of information about all aspects of live music and their Live Music Kit walks you through successfully putting on and promoting live music events.