The PPL provision II: PPL secures not-for-profit levy

Christmas is over – and from January 1st 2011 Phonographic Performance Limited, the record and recording artists collection society, have secured the removal of an exception in music licensing rules which enables PPL to collect from charities and not-for-profit sector. The sector had enjoyed an exemption from the Copyright Designs and Patents Act 1988, although this did not include an exemption from PRS payments which are collected on behalf of publishers and songwriters. PPL has extensively lobbied to have the exemption for music use in village halls, community halls, student nightclubs and council buildings to be removed and bring the UK in to line with European law (the European Copyright Directive and the Copyright and Related Rights Regulations 2003) and provide remuneration for performers and record companies. PPL and VPL chairman and chief executive Fran Nevrkla told Music Week “From a business point of view the countless artificial exceptions and exclusions in existence gave the excuse to many licensees to avoid payment for use of sound recordings” and Nevrkla added, “On my part I was not prepared to accept a situation which meant that the rights of our constituents, both the performers and the record labels, were being constantly downgraded”. New tariffs have yet to be set and the number of organisations that will require a licence unknown, PPL’s Director of Government Affairs, Dominic McGonigal, says it is impossible to calculate how much PPL will collect from the sector in the future following the changes. There will also be a year’s grace period and during this period PPL and the charity sector will sit down to negotiate rates and how the scheme can be implemented. Music Week say that it is already envisaged that there will be a blanket licence for some village halls and community centres and small charities using these facilities will, therefore, not need to obtain a separate licence. Performers who receive payment can choose to donate their revenues to charities of their choice

PPL will continue not to license the use of sound recordings in NHS hospital wards, religious services, domestic use in care homes and in medical treatments taking place in NHS hospitals

http://www.musicweek.com/story.asp?sectioncode=1&storycode=1043770&c=1

http://www.ppluk.com/en/Music-Users/Information-for-Charities/

http://www.prsformusic.com/SiteCollectionDocuments/PPS%20Tariffs/CB-2010-04%20Tariff.pdf

PPL lose tariff appeal

Last October the Copyright Tribunal rejected new rates that Phonographic Performance Limited (PPL) wanted to bring in, siding with the British Beer and Pub Association and the British Hospitality Association who were fighting three new tariffs. Somewhat understandably, the collecting society had argued that larger premises should more than smaller ones for use of music. But, where PPL had been asking for a hotel or pub of under 400 sq metres to pay a tariff of £464.80 for a licence, the Tribunal stuck at a rate of around £110. Unhappy with that decision, PPL asked the High Court to review and overturn the Tribunal. Mr Justice Arnold has now rejected PPL’s appeal, prompting a short statement from PPL which says:

"On the appeal, the Judge was limited to considering whether the Copyright Tribunal had erred in law, not whether the decision was one he would have made based on the evidence. Naturally the company is extremely disappointed that the Judge found there was no error of law although he identified some problems with the decision of the Tribunal. This leaves PPL with tariffs that it believes substantially undervalue the rights of its performer and record company members.”

http://www.ppluk.com/en/News--Events/Latest-News/PPL-STATEMENT-ON-APPEAL-DECISION-TO-HIGH-COURT-AGAINST-DECISION-ON-COPYRIGHT-TRIBUNAL/

God and Mammon are in the Detail

How refreshing to see the UK's PRS humbly admitting its mistake after it had demanded a licence fee from a singing shop assistant! Heaven forfend that the produce should be noisome. See Bath's Natural Theatre's Singing Underpants here.

How infuriating to see PPL's efforts to secure via the Copyright Tribunal an appropriate licence fees from bars, cafes, shops and office frustrated by the Tribunal's "one-size- fits-all" fee ruling.

PPL's statement reveals that "PPL had proposed a tariff, based on the principle of fairness, where larger establishments paid more than smaller ones. The Tribunal rejected this and took the view that small pubs and cornershops should pay the same as large bars and shops. This is currently £100 per annum. The result of the Tribunal's decision, therefore, is that bars with a thousand drinkers will pay exactly the same as a pub with a handful of regulars."

Fran Nevrkla, Chairman and CEO announced that PPL will, quite rightly, be appealing the decision. PPL's gorgeous, pouting Director of Government Relations, Dominic McGonigal, blogs briefly on the subject - shame his employer can't spell his name.