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Old 07-30-2008, 01:17 PM
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Default Music for performances - the Legal side...Help please

Hey guys,

Just wanted a little clarification...

when you choose a song for a performance...can you just use a copy or do you have to have some kind of set up for being able to use it for performances ie a licence or public performance fee etc....

Just wanted to make sure im all above board for the future.....

Alex
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Old 07-30-2008, 01:25 PM
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An email was circulated round my workplace a couple of days ago:

Performing Rights Society - Playing of Radios & CDs must STOP
On advice from Legal Dept it is no longer acceptable to play music (within our premises) on the radio/CD or any other method that can be heard by more than one person as we may be liable for charges by the PRS (Performing Rights Society).

It is considered to be broadcasting - with that in mind, this is exactly what happens when you use music on a CD at shows. However, I would imagine most venues have licences.

Someone else may be able to clarify further...


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Old 07-30-2008, 01:30 PM
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thanks hun...
i know venues needed licences but didnt know if as a performer we had to have something...

ta chucks!!
alex
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Old 07-30-2008, 01:36 PM
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Venues which house performances have their own licences. Performers don't need to have any other licence for live performances.

Showreels and video footage are a different matter, as responsibility for gaining permission to use copyrighted material lies with the performer. I have no experience with this however, so someone more knowledgeable may need to fill you in!
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Old 07-30-2008, 02:24 PM
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Useful previous threads:

http://www.ministryofburlesque.com/p...ermission.html

http://www.ministryofburlesque.com/l...sic-query.html
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Old 07-30-2008, 02:37 PM
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thanks very muchly!!!

alex
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Old 07-30-2008, 05:11 PM
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Quote:
Originally Posted by kitten kapers View Post
An email was circulated round my workplace a couple of days ago:

Performing Rights Society - Playing of Radios & CDs must STOP[font=Arial]
On advice from Legal Dept it is no longer acceptable to play music (within our premises) on the radio/CD or any other method that can be heard by more than one person as we may be liable for charges by the PRS (Performing Rights Society).

[font=Verdana]
Hmm, I would contest that. Charges from PRS (or indeed the PPL folks, who are cracking the whip as of late for some unknown reason) apply to what is called secondary music and include music being played into a public place (i.e a theatre foyer), exit/entrance music being played in an auditorium before and after a performance and hold music on telelphones. Those are the main three you can get charged for and they mainly apply to venues - just out of curiosity do you work in a venue, Kitten?

Aside from that, music being played from a radio station is entirely seperate from PRS so that is slightly odd. Unless I am misunderstanding the context and your place of work is playing CDs into a public area in which case that is secondary music and you are liable to be charged.

Fleur is correct, the venue is the licence holder and is therefore responsible for the use of incidental music so you don't have too much to worry about. The threads that Beatrix has posted for you go into more detail though so I'll be quiet now

xxx L.B
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Old 07-30-2008, 08:57 PM
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Quote:
Originally Posted by LucilleBurn View Post
Hmm, I would contest that. Charges from PRS (or indeed the PPL folks, who are cracking the whip as of late for some unknown reason) apply to what is called secondary music and include music being played into a public place (i.e a theatre foyer), exit/entrance music being played in an auditorium before and after a performance and hold music on telelphones. Those are the main three you can get charged for and they mainly apply to venues - just out of curiosity do you work in a venue, Kitten?
I work in an office! Basically, this email was sent out to everyone saying that if you had a radio on, and it could be heard by anyone else, there was a risk of charges from PRS!

Are you saying that in an office environment it is unlikely we will get charged? As this contradicts the advice that seemingly came from our legal department.

A bit confused!!!
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Old 07-30-2008, 09:05 PM
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I got permission from one of my favourite bands to use their music:
"as long as you do not make money with the music you can use it."

Now would that mean I could use it on my showreel or not?
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Old 07-30-2008, 09:07 PM
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Quote:
Originally Posted by kitten kapers View Post
I work in an office! Basically, this email was sent out to everyone saying that if you had a radio on, and it could be heard by anyone else, there was a risk of charges from PRS!

Are you saying that in an office environment it is unlikely we will get charged? As this contradicts the advice that seemingly came from our legal department.

A bit confused!!!
Maybe they really hate your music? and couldn't work out a way to say Mine is played very quietly as no one else is into the same stuff. Mind you I''m not into he ELO or Beegees's either so I'm not subjected to anyone else's music.... apart from when they get really high pitched...
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