"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







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