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Copyright FAQ Music is one of the most popular add on's for commercial Web page users. But you can't just pick a track you want to use and then play it, if you did, you'll probably find yourself with not only the composer after you, but also their publisher and the Performing Right Society too. Using music without permission is theft. So to avoid problems, here's what you need to know.
What is the PRS?The PRS is the Performing Right Society, they are responsible for PRS licences which give you permission to play music over your RealAudio stream, and makes sure that the person who created the music receives the royalties due to them. Do I need a PRS Licence?If you plan to play any music over the Net, then yes you do. Even if the composer isn't internationally well-known their work is still their copyright and they are entitled to royalties from it. Some music is copyright free and available in the public domain. If you buy a CD or tape with it on, it should tell you if the music is public domain or not although you may still need permission from the performers and the record label to broadcast it on the Internet. Be careful not to fall into the trap of thinking that because you've bought a CD you can play its music over your site. CD's and tapes sold in music shops are sold for personal use. Playing them over the Net is a commercial use, so you will still need a licence. What's All This About Copyright?It's vital to understand how copyright works, so you don't infringe it. It's a common myth that just because it's on the Net, it's free for anyone to use. Not so, as soon as any person creates something, be that music, a report, a novel, it automatically becomes their copyright. They can sell or licence all or part of that copyright to another person. If you want to use a music track on your site, then you must have the permission of the author. Which is where a PRS licence comes in, it takes the hassle out of contacting composers and publishers. Copyright within the EU exists for 70 years after the author/composers death, providing they were an EU national. You can get a copy of the Copyright Act from HMSO. It's full name is the Copyright, Designs and Patents Act 1988. How Do I get a PRS Licence?You need to contact your local PRS branch. There are plenty of them around the country, each one covering a specific area. You can find your local one by either visiting the Performing Right Society's branch pages at http://www.prs.co.uk/ or by looking in your local telephone directory under Performing Right Society Ltd. You can also ring the PRS on a special local call number 0345 581 868 which will point you in the right direction. They'll then tell you all you need to know. How Much Does A PRS Licence Cost?That depends on all sorts of things, so the Performing Right Society has a range of 40 tariffs for public performances. Playing music over the Net is classed as a public performance. Your local office will be able to tell you how much it will set you back, cost depending on your requirements. The charges aredifferent, for example, if you plan having a concert over the Net, rather than just playing music which is recorded. How Long Does A PRS Licence Last?Licence's typically last for one year, though in some cases it's charged according to ticket sales and so on. The PRS also do experimental licenses with which you can license the music on a per day basis. What Am I Allowed To Broadcast With My PRS Licence Over The Net?You can use any copyrighted music, that has been played here or abroad, you can also use jingles, like those used on radio ad's, commercials music, background or library music. Your licence covers you for what the PRS calls a "blanket basis." To quote them:
The part about cable also refers to the Net. The Copyright, Designs and Patents Act defines an interactive service as the same as a cable service, so therefore the same rules apply. So, as the Internet is an interactive medium, it's classed along side cable. Is There A Limit To Where I Can Broadcast?Yes. The licence you get from the Performing Right Society only covers broadcasting from within the UK. So you can use it for broadcasting here, but if you were to move your operations to Barbados or wherever then you would need to get a licence from that authority. Could I Accidentally Infringe Someone's Copyright?Not if you're using a PRS license. It covers just about all the music that is produced in this country. I want to play and receive music over my site, do I still need a licence?Yes. If you play music which you are receiving from a licensed broadcaster, for example a radio station or even music on hold, * you still must have your own license. * Your broadcast isn't covered by their license. Additional InformationOn the 22nd of November 1996, the Performing Rights Society and the Mechanical-Copyright Protection Society, announced they were going to look at forming "an operational alliance." The idea behind the alliance is to make it more cost effective for the two to operate. By mid 1997 they should have arranged a management team. What does this mean for people and companies who want to play music commercially over the Internet? At the present time, Dec 1996, not a great deal. The deal will let the two societies keep a closer watch on the use of copyrighted music, making it more difficult for music to be used without permission. Whether the new, more cost effective, alliance will drop the cost of licences remains to be seen. Useful Addresses:The Performing Right Society can be contacted at The Mechanical-Copyright Protection Society can be contacted at |
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