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Terms
PPL -
Phonographic Performance Limited
VPL - Video Performance Limited
Q) Why do I need a
Licence?
A) PPL state that getting
the right licence is a legal requirement. If you play
recorded music or music videos in public, or broadcast
them (or copy them in order to do so) in the UK, you
will be infringing copyright unless you are
appropriately licensed by PPL.
Q) Is there a licence
for the public use of sound recordings at domestic
events, eg. Birthdays, Weddings?
A) PPL state For Domestic
events (eg. birthdays, weddings), no PPL licence is
required.
Further information about
public use of sound recordings for DJs (Mobile DJ Tariff
Licence) can be found
here
Q) Who requires a
licence for playing music in public?
A) PPL state that whether
you are playing the radio, CDs, TV’s or using a more
specialist music service provided by a PPL licensed
supplier, you are required by law to have a PPL licence
for playing music in public.
Below you will find listed
the most common ways in which music is used in hotels,
guesthouses & holiday parks, leisure, health & fitness,
offices & factories, pubs, bars & nightclubs,
restaurants & cafes, shops & stores, social clubs,
public vehicles/transport, events and exhibitions,
educational establishments, cinemas & theatres,
churches, halls & government buildings.
If any further information
is required please contact PPL on 020 7534 1000.
Aircraft
Amateur dramatics
Amusement arcades
Background music
Background music/TV -
Background music public
houses/bars/restaurants
& cafes;
Background
music small residential
hotels & guest houses;
Background music caravan
parks; Background music
holiday centres
Bingo Halls
Boats/ships
Bus, train & underground
stations
Café, bar, restaurants
Casinos
Cinemas
Coaches
Concert venues
Concerts
Dance centre and studio
Dance teachers/studios
Discos/DJ presentations
- Specially featured
entertainment; Dance
supplement holiday
centres
Exercise/aerobics
classes
Exhibitions
Fashion shows
Folk/Scottish/Country &
western dancing -
Scottish/highland
country dancing;
Folk
club dances; Country &
western dances;
Practice/social dance
Gym
workout
Gymnastic clubs
Hair & beauty salons
Jukeboxes - Jukebox
rates (jukeboxes with
BGM facility); Jukebox
rates
Laser space games
Listening posts/touch
screens
Museums & art galleries
Music videos -
Background; Foreground
Nightclubs
Offices
One
off events
Pop
Quizzes
Public address systems
Schools & colleges
Shops
Skating rinks/ski slopes
Spectator sports
Swimming pools
Synchronised swimming
Telephone music on hold
Ten
pin bowling alleys
Theatres
Theatrical productions
Theme parks/visitor
attractions
Waiting rooms/receptions
areas
Q) Who gives PPL the
power to grant a licence?
A) PPL state that PPL was
set up by the UK's copyright owners themselves and it is
through them that PPL acquires the legal entitlement to
grant your licence. On joining, recorded music and
music video copyright owners legally transfer the
relevant rights to us, or appoint us as their agent
to exercise them.
The result is that PPL
effectively becomes the copyright owner, and is
therefore able to grant collective licences authorising
you to play in public, or broadcast, all of its
members' recorded music or music videos in the UK.
Those collective licences can also cover the copying of
recorded music and music videos for certain purposes
(e.g. where businesses provide jukeboxes, hard disk
systems and other music/video services to other
businesses) but for other acts of copying you may
require the direct permission of the relevant record
company.
This means that you can
legitimately use a vast range of recorded music or music
videos without needing separate licences from each
record company, etc; instead, you simply need the
appropriate PPL licence.
PPL was established in
1934 by the UK recording industry to administer the
copyright in public performance of their sound
recordings. PPL operate under the terms of the Copyright
Designs and Patents Act 1988 (1911 Copyright Act in the
Channel Islands). The Act provides that a fee is payable
to the copyright owner in a sound recording whenever it
is broadcast or played in public
Note: There is no section
of the Copyright, Designs and Patents Act 1988 that
creates PPL or gives it the power to grant licences.
Q) Is the PPL Licence
all that I need?
A) PPL state that PPL is
not the same as the Performing Right Society (PRS), the
Mechanical Copyright Protection Society (MCPS) or the
MCPS-PRS Alliance.
Whenever a sound recording
or music video is played in public or broadcast in the
UK, a PRS licence is likely to be required in addition
to a licence from PPL. Similarly, you are likely to
need a PPL licence as well as an MCPS licence to copy a
sound recording or music video in the UK.
This is because the law
protects separately the underlying musical and lyrical
compositions (e.g. the “song”) embodied in sound
recordings and music videos. The rights in those
musical and lyrical works are owned separately (by
composers/publishers) and licensed collectively on
behalf of those separate copyright owners by PRS and
MCPS (who operate together as the MCPS-PRS Alliance).
PPL also state
there are two separate copyrights in a sound recording
and a licence is required for each one:
The copyright in the
lyrics and composition are owned by the author and music
publisher and this is administered by PRS.
The copyright in the performance and sound recording are
owned by the performers and record company and
administered by PPL.
As PRS and PPL operate for different rights owners they
have always remained as separate companies.
Q) What is the PPL
definition of playing music in public?
A) PPL state that playing
recorded music or music videos “in public” (sometimes
referred to as “public performance”) has a wider legal
meaning than you might think.
For example, it is not
confined to playing recorded music or music videos in
places to which the general public have access, or in an
outdoor public space.
It effectively covers any
playing of recorded music or music videos in a
commercial, non-domestic setting – so the back room of a
shop, or even a home office, may require a licence (but
a private wedding party at a hotel may not). It also
covers playing recorded music on your premises via
radio/TV.
PPL also state a public
performance occurs whenever sound recordings are played
outside the domestic or family circle. Whenever, a sound
recording is played in a commercial environment, even if
only one person can hear it, it becomes a public
performance and a fee is payable to PPL.
Q) What is the PPL
definition of broadcasting?
A) PPL state that it is
not just “broadcasting” in the sense of terrestrial or
satellite TV or radio broadcasts which require a
licence.
It is also a legal
requirement under UK copyright law to obtain a licence
for online and mobile transmissions of recorded music
and music videos (all of which fall under “communication
to the public”).
In addition to
“traditional” broadcast licences, PPL now issues a range
of online and mobile licences, although for some
online/mobile uses you will require the direct
permission of the relevant record company.
Q) If I've already paid
for my CDs, do I need a Licence to play them?
A) PPL state that when you
buy a CD it only gives you the right to use it for
private use such as playing at home or in your car. If
you wish to use it in a commercial environment, such as
background music in a shop you require a licence from
the rights owner which in this case is PPL.
Q) Where does the
licence money go?
A) PPL state all licence
fees collected (less administration costs) are
distributed to the recording companies, individual
artists and musicians that have contributed to the
recordings.
Q) What type of music
can not be used for public performance?
A) PPL state:
- Illegal Downloads (from
P2P Networks etc.)
- Unlicensed Internet Radio Services
- Licensed On Demand / Interactive music services
(Napster, Yahoo Music etc.). These are services that let
users play specific tracks in an order of their choosing
or to create customised 'radio' stations playing a range
of music / artists they have selected. It is our
understanding that such services are only licensed by
the record companies for personal individual use and not
for public performance use.
Q) What type of music
can be used for public performance?
A) PPL state:
- Legally purchased
downloads on condition that the usage complies with the
Digital Rights Management (DRM) rules accompanying the
download. For example, if the download is restricted to
being held and played back from a specific PC or MP3
player, the public performance has to be sourced from
that PC or MP3 player. If the download rules allow the
track to be burnt to a CD that CD can then be used for
public performance in the same way as any conventional
commercial CD.
- Licensed streamed
non-interactive Internet radio services (this would
include the Internet broadcasts of licensed commercial
radio stations such as Capital, XFM etc. as well as
Internet only radio services that have proper licences
in place).
Q) What happens if I do
not obtain the appropriate licence?
A) PPL state that hundreds
of thousands of businesses and broadcasters are licensed
by PPL and are therefore able to make lawful use of
recorded music and music videos. However, please be
aware that failure or refusal to obtain the appropriate
PPL licence can have serious consequences, and may
ultimately result in a court order to stop you playing
sound recordings or music videos altogether until all
outstanding fees are paid in full – as well as making
you pay interest and costs.
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