Authors
Authors
Ella Evagora
Read time: 3 minutes
For UK businesses to play live or recorded music in their business premises, licenses will normally need to be obtained from the relevant collecting societies, the Performing Right Society (PRS for Music) and/or Phonographic Performance Ltd (PPL). Such licenses can help to protect UK businesses from breaching copyright when playing music “in public.” This article explores at a high level the underlying copyright in live and recorded music and the means by which relevant licenses can be obtained for playing music in UK business premises, particularly in pubs and hotels.
Tech & Marketing
Copyright
The Copyright, Design and Patents Act 1988 governs the law on copyright in the UK. In the context of music, the following descriptions of works are protected under UK copyright law: the underlying composition (the written song, lyrics or sheet music) and the recording (the recorded version of the composition).
Infringing copyright
The unauthorized playing of music in public can infringe the rights of the copyright owner. If a pub or hotel plays music through the radio, TV or other sound system without the relevant consent from a copyright owner or relevant license from the collecting society, there could be a breach of copyright for an unauthorized “public performance.” Hospitality venues cannot simply play music from their music streaming accounts such as Spotify.
Damages or remedies such as injunctions, accounts of profits or even criminal sanctions may apply if copyright infringement is proven.
Getting licensed by collecting societies
Collecting societies’ license rights in copyright works on behalf of their members. The collecting societies provide licenses to pubs and hotels for a fee, which then allows the pubs and hotels to play music in their public spaces without breaching copyright.
A pub or hotel will typically need to obtain the following licenses:
- License for the right to perform the musical composition in public. This right is managed by PRS for Music in the UK, on behalf of composers and publishers of the musical and literary copyright.
- License for the right to play sound recordings in public. This right is managed by PPL in the UK, on behalf of record companies that own the sound recordings, as well as performers who perform on these recordings.
Some music may not be covered by the license, for instance when music rights belong to a person or company that is not a member of PPL or PRS for Music.
TheMusicLicence could offer another route
PPL PRS Ltd., formed in 2018 as a joint venture between the PPL and PRS for Music, issues a single license called “TheMusicLicence” that businesses may use to license public performances of musical works and sound recordings.
Although TheMusicLicence is managed by PPL PRS Ltd on behalf of PPL and PRS for Music, the two collecting societies independently set and review their licensing tariffs.
Other licenses
Other licenses may be required for the hospitality industry to legally play music in public. By way of example, the professional dubbing (ProDub) license may be required for individuals to copy music onto various devices, for example, from a CD to a laptop. If a hotel or pub employs a DJ or fitness instructor, they should check whether the DJ or fitness instructors has obtained the relevant license.
Pubs and hotels that play recorded music should also be aware of the Licensing Act 2003, which governs regulated entertainment. Under the statute it could be a criminal offense to carry out a licensable activity without a license. Licenses can be obtained from the relevant licensing authority, which is usually the district or city council.
Authors
Authors
Ella Evagora