Council of the Isles of Scilly
A strong and sustainable island community
  • Licensing
Playing Recorded Music

Under UK copyright law (the Copyright Designs and Patents Act 1988) licences are required if recorded music is to be played, broadcast, or used in public*. The Performing Rights Society Opens in a new window (PRS) and Phonographic Performances Ltd Opens in a new window (PPL) both issue licences to the owner of the premises. The latter will also issue licences to individuals if they are to hold, for example, a disco, dance sessions or aerobics classes.

 

What do these organisations do?

The Performing Rights Society (PRS) collects the licence fees and protects the rights of the musical and lyrical composition of the music and the publishers. A licence from PRS will allow you to perform the music publicly on the premises.

Their web page is here. Opens in a new window

Phonographic Performances Ltd (PPL) collects the licence fees for the public performance of original sound recordings of the music and protects the interests of the record companies and performers.

Their web page is here. Opens in a new window

 

This is how it works

  1. If you wish to play, for example, a radio in your shop or factory or an instrument at an event, then you will probably need a licence from PRS. If you have hired the premises for the event, check with the owner as to whether they have one already.
  2. If you wish to play original CDs or tapes, for example, on a 'music on hold' telephone system, at a disco, for aerobics classes, at a special event or in your shop or factory, then as well as the PRS licence you will probably also need a PPL licence. If the sound recordings or music system are rented, the supplier should provide this licence. If you are employed to play the music then the employer is usually responsible for the licences, but do check.
  3. If you want to alter the music on the CD or tape, then you would need to apply for a licence from the Mechanical Copyright Protection Society Opens in a new window (MCPS) too. You may find that the MCPS-PRS Alliance Opens in a new window will be able to help you with 1 & 3 at the same time.
  4. For clubs, pubs, and those who wish to play music videos in public, you would need to contact Video Performance Ltd Opens in a new window (VPL). The Video Performance Ltd link will also inform you of Music Mall, a division of VPL that sources and supplies music videos to a range of clients.
  5. THIS INCLUDES CD's, MP3's, IPOD's, Vinyl, Laptop or any other means of storing and playing back recorded sound, that belongs to another person, to the public.

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* What is meant by 'public'?

A public performance is defined as any event, such as an office party, a disco or dinner dance, with the exception of a family or domestic gathering, for example, a birthday party or wedding reception.

It may be worth mentioning that 'performance' means the playing or performance of the music. It does not refer to your performance.

 

What does a licence cost?

There are various tariffs depending on the type of music you play or the amount of people you play to. If you hire the premises, then contact the owner of those premises to find out your cost. If you are not hiring the premises and need to purchase a licence, then contact the organisation/agent to find out which tariff would apply to your event.

 

It should be noted that:

  • owning a CD or downloading music from the internet (both legally and illegally) does not give you the right to play it in public without a licence
  • it is illegal to copy music from commercial sound recordings onto other media (such a mini disc, CD, blank tape, laptop or computer) without the necessary permission
  • a public performance licence is not a licence to re-record
  • if you play sound recordings in public without a licence, the courts can issue an order to stop you playing music altogether - as well charge you costs and maybe a fine

 

It is a legal requirement to ensure you are properly licensed to play music. To make sure of your legal obligations, contact the organisations or visit the websites . The examples given above are by no means exhaustive, so do not rely on advice from a friend, a colleague or this web page alone!