[cma-l] PPL and PRSfM - Community Radio "Licences"

Fri Sep 16 11:21:05 BST 2016

The legislation sets the framework, and the Copyright Tribunal set the fees (See here: http://www.prsformusic.com/aboutus/faqs/prsformusicfaqs/pages/default.aspx#9  here: https://www.gov.uk/guidance/licensing-bodies-and-collective-management-organisations and here: https://www.gov.uk/government/organisations/copyright-tribunal)

The general thrust is copyright owners have the right under law to be paid when their work is used. When you buy a CD you are granted permission (a licence) to play that music in certain situations. That does not include a public performance, where an additional licence must be granted. PRS and PPL are member organisations (As is EOS in Wales) who collect royalties for performances by their members. This makes it easier for us and for them. The fees are set by the bodies and overseen by Government. Obviously, the members want to biggest payment possible to offset losses through piracy etc.  You potentially don’t have to pay THEM the fees, but you would then permission for each element of the copyrights for everything that you did play. For example, the current number one “Closer” has 7 listed writers with which you would need to reach agreement. You’d also need consent from the publishers, the record label (possibly the owner and the subsidiaries) as well as the artists. Plus clearances for any samples used. Whilst we’d all wish the fees were lower, a blanket licence is by the far the easiest solution. If you object, you could of course run an all speech station, one where artists waive their rights (Amazing Radio did this for a bit) or music from artists who are not members.

The power is with artists (see this about the split in Wales http://www.bbc.co.uk/news/uk-wales-30961059) It’s a shame you missed the PRS/PPL session last weeken Ian, we were looking forward to your questions

Best wishes

Richard

From: cma-l-bounces at mailman.commedia.org.uk [mailto:cma-l-bounces at mailman.commedia.org.uk] On Behalf Of Two Lochs Radio
Sent: 16 September 2016 10:25
To: office at thethread.org.uk; Ian Hickling; The Community Media Association Discussion List
Subject: Re: [cma-l] PPL and PRSfM - Community Radio "Licences"

The answer to the simple question is the same as it has been every time you've asked Ian. It's the: Copyright, Designs and Patents Act 1988 Sections 116-123.

Alex.
On 16 September 2016 at 06:54 Ian Hickling <transplanfm at hotmail.com> wrote:

The very basic challenge I've posed - amongst others - to PRSfM and PPL is:

Show me please where in the Copyright, Designs and Patents Act 1988 - or any other legislation - it says that I have to pay you exclusively the fees you are demanding.

Surely a very simple question - to which an answer is strangely not forthcoming?

Ian Hickling

Partner

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From: cma-l-bounces at mailman.commedia.org.uk <cma-l-bounces at mailman.commedia.org.uk> on behalf of Alex Gray, Two Lochs Radio <tlr at gairloch.co.uk>
Sent: 15 September 2016 17:28
To: office at thethread.org.uk; 'The Community Media Association Discussion List'
Subject: Re: [cma-l] FW: PPL and PRS for Music Community Radio Licences - Customer Consultation

Dear Mr Numpty

The rough answers to your questions are:

1)      Number of songs played per-hour      average

The only proposed change in reporting is that there will no longer be a need to submit an estimate of future revenue at the start of a year, only the actual revenue at the end of the year.

2)      Standard budget reasonable cost payment                           bearing – in – mind that

Whichever is the greater of:

Minimum combined fee of £1798/year, or

Combined royalties of 5% on 80% of any broadcast advertising or sponsorship income

3)      We are not for profit and our NET revenue is zero / zilch / diddly squat

That status is of no interest to PPL or PRS – they levy the royalties on 80% of your broadcast (and/or simulcast) advertising and sponsorship income, regardless of whether or not it leads to profit or you spend it all on coffee and doughnuts for the presenters. If you have no such income, then you would pay only the minimum fees.

4)      No reporting, as there is nothing to report apart from song usage

See 1) above

Hope that fits within the attention span of a goldfish - good luck with the plates!

Alex

----------------------------

Anything outside of this, my attention span has suddenly developed into that of a Goldfish.

I fill the form in later as I need to get back to the 50 Plates ….. well    42 actually, as 8 have just dropped off

Nick Dumpty

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