Performance Rights

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Performance Rights

Postby Stashu » Mon Jun 01, 2009 7:47 pm

Here's an article that I ran across from the UK. This legal issue is now in the senate and congress here in the States. The idea of not only paying for the music licensing, but also the rights to air the Artists performance. Music licensing now just covers the 'sheet music.' New laws already in the making will include the 'Performance' Rights.
In other words, with existing licenses, you can play the song on the air, but you also need to 'pay' the performer to sing it.
The article:


Performance Rights Society Calls Small Businesses & Threatens Them Over Music Heard In The Background
from the going-just-a-bit-too-far dept

We've covered how various performing rights societies have grown more and more desperate over the past few years -- including going after auto repair shops because their mechanics, out in the garage, played radios loud enough for customers in the waiting room to hear. That, to these societies, represents a "public performance." Reader John points us to an even more insane example. Apparently, PRS, in the UK has even taken to phoning up small businesses, and if they hear music playing in the background, they demand payment:

Robson, 75, who was targeted last year, said: "There is usually only me here and I like to have nice relaxing music. The woman said she could hear music in the background. I thought, 'My God, you’ve got good ears.' She asked how many of us were here listening. I said me and sometimes the dog. Eventually, after I made a fuss, they apologised and said I would not be bothered again."

John Collins, 57, who runs a software company from a room at his home in Welwyn Garden City, Hertfordshire, received letters saying he needed a licence for the classical CDs he played while working. "If my wife Susan brings me a cup of tea and hears the music then I might be liable," he said.

Apparently even playing music to animals is considered a potential public performance to PRS:

Even dogs and cats do not always escape targeting. Follybridge cattery near Peterborough and Stokenchurch dog rescue centre in Buckinghamshire, which play Terry Wogan’s Radio 2 show to their "guests", were both told they would need a licence in case any workers heard the music.

Yes, they're really reaching for that point where you'll need a general license just to listen to music yourself.
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Postby FlagRadio.Com » Thu Jun 25, 2009 3:26 pm

This behavior has been a issue for some time here.

They have been sending representatives into businesses or cold calling as "market researchers" then asking questions like "Do you listen to music at work?" "What stations do you listen to?" etc.

They then use the data collected as "evidence" in letters to companies that don't already have an account with them.

There have been reports of them harassing self-employed lone workers, companies that vehicle fleets with FM radios fitted, police offices and many other crazy targets.

It wouldn't be so bad if 100% of the money collect went straight to the artists but by the time the collectors and record labels get a cut the artists get almost nothing, or even a bill for the privilege of having these people "working on their behalf"
Andy - Station Manager & DRS'er

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Postby Stashu » Fri Oct 16, 2009 9:45 pm

OK, gang. Another issue for you.
Check your new licenses on 'buy-out' music.
Many 'buy-out' music libraries are getting in on the 'performance rights' bandwagon. They are now asking Production houses and radio stations to supply cue sheets for every production, because the 'performance rights' will be paid by the 'end user', which is the radio station.
Yes, it's 'buy-out' music, and their are no royalties for the sheet music, but, guess what, some libraries are licensed with BMI and ASCAP, and require cue sheets to pay the performers for spot use, theme music, etc.
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Re: Performance Rights

Postby Stashu » Sun Aug 14, 2011 6:50 am

I haven't checked recently. Are there any new fees or rules about performance rights for broadcasters? Specifically, internet broadcasters.
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Re: Performance Rights

Postby Stashu » Thu Jun 12, 2014 9:27 pm

Here are some open questions about legal issues for internet radio.

What are you using for Music Licensing?
Does it cover you legally? Completely?
Has there been any further talk about internet radio paying 'Performance rights' to artists?

It seems that there is a movement here in the US, and in various parts of the world to fine or place heavy fees on the small internet radio guys. Terrestrial stations somehow seem to have less rules placed on them.
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