Dear List,
We are now looking at this in Bexley. The PRS website guidance
(http://tinyurl.com/cwbdma) is extremely complicated, and I wondered if
anyone has actually managed to work their way through the whole minefield
yet?
Have Cilip or MLA any advice to offer, or do we all have to tackle this
individually?
Thanks,
Hugh Paton
London Borough of Bexley
On Wed, 17 Sep 2008 11:55:47 +0100, Steven Heywood A
<[log in to unmask]> wrote:
>"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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