Music is performed 'in public' when it is performed outside of what could be regarded as 'domestic circumstances'. So, anything in the home, you don't have to pay PRS fees for.
It does not matter if the event is free of charge, taking place outside or limited to only group members - if it is taking place outside the 'domestic circle', it's classed as a public performance and royalties are due on any music in copyright.
Example 1: A band has an end-of-term social for members with invited guests. It is in their rehearsal space, free, invite-only and not open to the public. If this involves any instrument playing, it would be classed as a public performance.
Example 2: A band performs a Christmas concert in a local shopping centre. The even organiser assumes PRS isn't needed because it's free, but since it's a public performance, a PRS licence is required.
Exceptions;
- Weddings and civil ceremonies - PRS for Music, at its discretion, does not charge royalties for any music used as part of religious or civil wedding ceremonies or similar.
- Private family events - PRS for Music doesn't charge for functions of a purely domestic or family nature. These include: wedding receptions, christening parties, birthday parties. The attendance of guests has to be by personal invitation only (except for staff, performers etc.), in a privately booked room, with no admission charge.
- Care homes - performances in care homes are classed as in the 'domestic circle', therefore not a public performance and no royalties will be due (staff are allowed to attend). However, if a concert is happening in a care home and anyone else is present other than residents and staff, it would be classed as a public performance and royalties would be due.
- Worship - music performed in a religious setting as part of worship is not subject to PRS fees.
For venues that regularly host performances, more often than not they will have a performance licence in place (but check this if you're an event organiser). If the venue does not already have an appropriate performance licence (as is sometimes the case for outdoor council-owned premises like a town square), then whoever is organising the event is responsible for the PRS fees.
If you are solely a participant, it's not your responsibility to sort the PRS fees, it's the organiser's.
If you're taking part in a festival or playing at a band club then it's not your responsibility to sort the PRS fees, it's the organiser's.
Royalty fees are charged based on the concert as a whole, rather than the individual piece(s). Royalty fees are normally based on audience size or box office takings, depending on how you pay them. It is the venue (in the first instance) or, if they don't have an appropriate licence, the organiser of the performance, who is responsible for performance licensing arrangements.
Not sure if a piece is in copyright? Take a look at our Copyright resource