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"A 'public performance' takes place if this person is outside their domestic circle." By implication it would seem that PRS is arguing that every public place in the country would need a licence just in case someone walks in with a Walkman or an iPod... Steven Steven Heywood Systems Manager Rochdale Library Service Wheatsheaf Library Baillie Street Rochdale OL16 1JZ Tel: (01706) 924967 [log in to unmask] http://www.rochdale.gov.uk http://libraries.rochdale.gov.uk -----Original Message----- From: lis-pub-libs: UK Public Libraries [mailto:[log in to unmask]]On Behalf Of Spackman, Katharine - Social & Community Services Sent: 17 September 2008 11:54 To: [log in to unmask] Subject: Re: PRS music licence Thank you for the update. "PRS has agreed to charge for one TV only for the whole premises, rather than per room.." Has agreed with whom, I wonder? Katharine Spackman Principal Librarian Information Services Community Services Oxfordshire County Council - Social & Community Services Library Support Services Holton OXFORD OX33 1QQ Tel: 01865-810210/815337 Fax: 01865-810207 e-mail: [log in to unmask] -----Original Message----- From: lis-pub-libs: UK Public Libraries [mailto:[log in to unmask]] On Behalf Of Gail Holmes Sent: 17 September 2008 11:42 To: [log in to unmask] Subject: PRS music licence 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 ------------------------------------------ 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 ******************************************************* Important Information This e-mail and its attachments may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Gateshead Council. If you are not the intended recipient of this e-mail and its attachments, you must take no action based upon them, nor must you copy or show them to anyone. Communications by e-mail are not guaranteed to be private or secure. Please contact the sender if you believe you have received this e-mail in error ******************************************************* This email, including attachments, may contain confidential information. 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