Music

Information Sheets


Introduction to Musicians' Rights


Agreements in the Music Industry


   
   
 
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Collecting Societies & Associations

PRS
The Performing Right Society is an organisation which collects licence fees on behalf of its members. The members of the PRS are composers and publishers who own the copyright in songs and who wish to commercially exploit their material.

The PRS deals with the "performing right" in music; that is, the right to perform that music in public and to broadcast it on the radio, for example.

When businesses wish to play music in public, such as in a shop, pub or club, they must first obtain a licence to do so. They will usually obtain a "blanket licence" from the PRS which will be reviewed annually.

The PRS is a non-profit making organisation, although a deduction is made to the royalties which it distributes to its members in order to cover its operating costs.

MCPS
The Mechanical-Copyright Protection Society is a similar organisation to the PRS. It too, acts as a collecting society for composers and publishers. However, the MCPS is concerned with the "mechanical rights" in compositions, that is to say, the right to make a sound recording of the composition.

Whenever someone wishes to make a recording of a song which has been composed by one of the members of the MCPS, it must pay a fee to do so. The MCPS operates an Audio Product licensing scheme for those companies wishing to manufacture and distribute recordings, such as CDs, for retail sale to the public. Various licenses are available for different circumstances. The agreement contains a licence to record any musical work in the MCPS repertoire.

What is important for the composer/publisher is that it will receive royalty payments from the MCPS in respect of its compositions. Again, a deduction will be made for the operational costs of the organisation.

PPL
Phonograph Performance Limited is concerned with the rights in sound recordings. While it does not have the authority in most cases to grant a licence for the copying of sound recordings, it does regulate the public performance and broadcast of sound recordings by, for example, radio stations. PPL is not concerned with the underlying rights in the sound recording, i.e. the actual composition, but with the rights in the recording of the composition.

As a general rule, when a sound recording is broadcast or publicly performed in the UK, a licence will be necessary. A licence will usually grant the right to publicly perform or broadcast any of the songs which are in PPL's repertoire and owners of sound recording rights can expect payment of royalties.

PAMRA
The Performing Artists' Media Rights Association was brought into effect more recently. Amendments to the Copyright, Designs and Patents Act 1988, brought into effect an equitable remuneration right for performers in relation to their performers' rights [LINK - to explanation of performer's rights]. There is an overlap between PPL and PAMRA. However, PPL is concerned with the broadcast of the sound recording, whereas PAMRA is concerned with the broadcast and public performance of an artists' recorded performance. If registered with PAMRA, the association will help to collect money on the artist's behalf.

OTHERS
There are a considerable number of other organisations which are concerned with different aspects of the music industry. The Musicians' Union, the BPI, the British Association of Record Dealers and the Band Register are some of these. It may be a worthwhile exercise to carry out some research or seek advice on the organisations which exist and which expressly represent your commercial interests in the music industry. They may be able to help you and give you guidance on your career or business.