[cma-l] Joint PRS/PPL licences

Ian Hickling transplanfm at hotmail.com
Mon Jul 4 08:20:44 BST 2016


Thanks Alex - clarity personified.
Following on from that, let's look at another aspect of the operation of the collecting societies.Where else in the conduct of a normal business are you expected to pay for a service voluntarily and at your own instigation?PPL and PRSfM should determine from published information - as anyone can - who is broadcasting and then should generate a conventional Invoice explaining in proper legal terms why the debt has been incurred.I still maintain that - regardless of colloquial terminology - as they are subject to VAT, these royalty payments are "services" - not "licences".The VAT Regulations make the distinction very clearly and they are firmly enforced as we all know.
Ian HicklingPartnerOffice: 016 3557 8435  (07h to 22h GTS)Car: 075 3098 0115 (only responds when driving)6 Horn Street, Compton, NEWBURY, RG20 6QS

From: tlr at gairloch.co.uk
To: cma-l at mailman.commedia.org.uk
Date: Sun, 3 Jul 2016 13:59:17 +0100
Subject: Re: [cma-l] Joint PRS/PPL licences

Ian, the collecting societies are authorized by statute (the 1988 Copyright Act). But it any event, legal agreements granting permissions to use copyright are conventionally referred to as ‘licences’, whether issued by a private holder, commercial company or collecting society. A licence is a formally granted consent to do something which the licensor otherwise has the right to restrict.  I mentioned this in a posting a few days. It is in return for this statutorily granted privilege that they are subject to the legal option of a user deeming their own licence and taking recourse to the Copyright Tribunal. NB, and strictly playing devil’s advocate, they are not commercial organizations any more than the typical CR station, just a lot bigger and less reputable in their behaviour. They are not-for-profit membership societies incorporated as Companies Limited by Guarantee.  See also PPL’s constitution at http://www.ppluk.com/Documents/Code%20of%20Conduct%20PDFs/PPL%20Articles%20of%20Association%202016.pdf Alex  From: cma-l-bounces at mailman.commedia.org.uk [mailto:cma-l-bounces at mailman.commedia.org.uk] On Behalf Of Ian Hickling
Sent: 02 July 2016 14:53
To: The Community Media Association Discussion List <cma-l at mailman.commedia.org.uk>; Bill Best <bill.best at commedia.org.uk>; colin at susyradio.com
Subject: [cma-l] Joint PRS/PPL licences As ever - thanks Bill for taking the trouble to spell out the situation.I would however - at the risk of invoking terminal boredom on the part of some of our friends - query just one word - "licence!".These are not licences.A licence is permission issued by a Statutory Authority to authorise the Licensee to perform a specific function.
Ofcom is precisely that, H M Government's appointed Broadcast Regulator - and in the case of an RSL issues the BA (Broadcasting Act) Licence at £30 per day and the WTA (Wireless Telegraphy Act) Licence  at £40 per day.


	
        
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