Copyright Review Commission Report - ICT Law and Regulation ...

There are no formal legal requirements that collecting societies must meet under UK law. Section 116 of the CopyrightDesign and Patents Act of 1988 (CDPA) describes rather than prescribes a ‘licensing body’ as follows:a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting, either as owner orprospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences coveringworks of more than one author.7.3. THE TARIFFS7.3.1. THE TARIFFSPRS has more than 40 public performance tariffs. A full list of PRS’s charging policies are available online at:http://www.prsformusic.com/users/businessesandliveevents/musicforbusinesses/Pages/doineedalicence.aspxThe tariffs of PRS are set based on analysis of the sector and, where possible, discussion with customer or representativesgroups (or by the Copyright Tribunal). Existing tariffs may be used as a guideline for new tariffs.PRS has tariffs for educational establishments, amusement parks or arcades, bowling concourses, commercial bingo halls,holiday centres and more. The PRS tariffs contain some interesting features. For example, the tariff for music-on-hold ispayable for commercial and non-commercial users.PPL has also published a host of tariffs. The PPL tariffs are published on PPL’s website and include: Background music (seeBars, restaurants and cafés) (this tariff has been set by the Copyright Tribunal); Background music members clubs;Discos/DJ presentations; Pop quizzes; Telephone music-on-hold; Offices (this tariff has been set by the Copyright Tribunal);Jukeboxes – Jukebox rates (jukeboxes with BGM facility); Bingo; Folk/Scottish/Country and Western dancing(Scottish/highland country dancing; Folk club dances; Country and Western dances); Amateur dramatics; Fashion shows andmusic videos – Background; Foreground; Jukebox; Concerts.7.3.2. EXCEPTIONSPRS does not charge for use of its members’ music in certain healthcare circumstances, such as background music use intreatment and therapy areas within hospitals and clinics (including patient wards, patient day rooms, patient dining rooms,treatment rooms and operating theatres). This exception is not applicable if a specific charge is made to the patient for theuse of music. A licence fee is, however, payable for other areas, such as foyers and waiting rooms, cafés, restaurants,music at events, staff-only areas and staff clubs.PRS also does not charge for use of its members’ music in a hospice, refuge or similar premises, where the music use isconsistent with the activity of the centre. Educational establishments benefit from a number of exemptions (seewww.mpaonline.co.uk).- 157 -