Hi Ruth
I've been working on this matter for the Society of Chief Librarians for some time on this matter, consulting with Arts Council England and the LGA.
Guidelines from the time of MLA, and which you can be read at http://www.iaml.info/iaml-uk-irl/resources/pub_perf_licenses.pdf. ....state:
“Whilst the library stakeholder bodies are appreciative of the input from the collecting societies consulted in the creation of this information guide, it has not been possible to reach a common view with all of the collecting societies concerned on some aspects of what constitutes a ‘public performance’ of copyright works. This has been particularly difficult on the issue of a single library user accessing music online or offline through headphones.
There is no statutory definition of ‘public performance’, the concept of which remains unclear and inconclusive even from relevant case law. Indeed, after considerable investigation by the library stakeholder bodies, and the expert group representatives, no case law relating to one person listening to music through headphones in a library has been identified. Further, the collecting societies have no common position with regard to the use of headphones. Therefore we are not in a position to recommend a public performance licence be purchased for this activity unless this is confirmed to be necessary in law. You may still receive invoices or requests for licences from the licensing agencies in respect of these activities and it is in your sole discretion to decide whether to purchase such licences or not.”
Further to this, some very helpful advice received via the LGA last month highlighted to me that MPLC’s claim that ‘Areas where the council have internet access allowing easy access to copyrighted material, anywhere that has AV equipment again allowing such material to be viewed, requires licensing' is wrong, as possession of the resource does not automatically require a licence to show copyright material, and that liability is dependent on usage. Equally, an internet connection does not give rise to the assumption that it will be used to stream copyrighted material.
My next step is to work with Lawyers in Local Government, via the LGA, to start up a dialogue with Motion Picture Licencing Company on behalf of any library services which require it, to ensure that MPLC are making approaches which are accurate and valid, and to which library services can respond to in an informed way accordingly.
My advice to any library service manager reading this, who has been approached by MPLC in the recent past and is uncertain how to progress, is to wait for that dialogue between SCL and MPLC to take place. A holding message could be sent to your contact from MPLC in the interim to say that I am working on this matter on behalf of library services and that a response will be sent in due course.
Regards
Nick
Nick Stopforth
SCL Digital Offer Group Lead
Head of Libraries and Culture
Doncaster Council
email: [log in to unmask]
tel: 01302 862693
-----Original Message-----
From: lis-pub-libs: UK Public Libraries [mailto:[log in to unmask]] On Behalf Of Ruth Smalley
Sent: 02 September 2015 14:41
To: [log in to unmask]
Subject: MPLC licence
We have recently been contacted by MPLC demanding we buy a licence for several thousand pounds unless we can guarantee that no member of the public could access a film it licences on the Peoples Network. Assurances that library staff never show films, nor that users watch PN screens privately and with headphones will not suffice. Have any other authorities been approached or do you already pay? It will be impossible to block all possible sources of accessing films on the Internet and the cost of the licence is prohibitive.
Thanks
Ruth
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