Hello all
Here is an explanation I received this morning from the PRS, in response to
my request for clarification re a recent demand for licences to cover public
PCs in our branch libraries.
...The websites are indeed responsible for obtaining a licence from
ourselves for featuring music on their websites. This licence covers the
broadcasting of music over the Internet. However, when this music is made
available in a public premises (in this case a library), it is the
responsibility of the owners to cover the music being used in their
premsies. This situation can be likened to the use of radios and televisions
in public premises. The use of headphones is not, in itself, an indication
of whether a licensable act is taking place - depending on the circumstance
there may be a 'public performance' or a 'communication to the public'
(which are separate licensable acts). A 'public performance' is defined by
the relationship between the audience (in this case the person using the PC
or TV) and the composer (or rights holder). A 'public performance' takes
place if this person is outside their domestic circle. Further, case law
supports that the number of people in an audience (in this case, one) is
irrelevant to whether the act can be defined as a 'public performance'.
There is a clear benefit from using music in this environment, and a service
is being provided. Therefore a licence fee is justified. As a large number
of people will use the same PC/TV in a year, this would constitute a
significant audience over time. Please note that in light of the
circumstances, PRS has agreed to charge for one TV only for the whole
premises, rather than per room which ensures that the charges remains
reasonable for a library for a year.'
Regards
Gail
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Gail Holmes
Multimedia Librarian
Libraries & Arts
Community Based Services
Gateshead Council
www.gateshead.gov.uk/soundgallery
Tel: 0191 433 8441
Fax: 0191 477 7454
2008 is National Year of Reading. Last week I enjoyed 'No Country for Old
Men' by Cormac McCarthy (great film too) and 'The Staff Room' by Markus
Orths for www.whichbook.net
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