This is part 3 of a 4-part series of resources on music copyright and performance rights.

Click here to view part 2 - Can I make copies of printed music?

Click here to view part 4 - Can I make arrangements of music?


Direct permission is still required from the publisher for performances of arranged music. Unless it's written on the sheet music/invoice/web listing that performances were covered under the arrangement with the publisher, you can't legally perform it in public.

PRS (Performing Right Society) pays royalties to its members when their works are:

  • Broadcast on TV or radio
  • Performed or played in public, whether live or through a recording
  • Streamed of downloaded

 

PPL and PRS for Music both license the use of music and collect royalties, however they represent different rights holders and have separate licences, terms and conditions.

PPL PRS for Music 
 collects and distributes money to:
Performers and record companies for the use of their recorded music. Songwriters, composers and music publishers, for the use of their musical compositions and lyrics. 

 

In 2018 PPL and PRS for Music joined forces to streamline part of what they do, coming together to launch PPL PRS Ltd. This joint venture means that businesses and organisations playing or performing music in public can now obtain a single licence, TheMusicLicence. PPL and PRS for Music continue to set their respective public performance tariffs separately.

 

Are PRS fees due?

  1. Is it a public performance?
    • Yes - fees are due regardless of whether entry to the event is free or charged
    • No - You do not need to pay PRS fees
  2. Are you organising or just taking part?
    • Organising - If the venue does not have an appropriate performance licence, you are responsible for organising this.
    • Just taking part - The organiser of the event is the one responsible for PRS fees
  3. Are any of the pieces being performed in copyright?
    • Yes - PRS fees need to be paid.
    • No - If all of the works are in the public domain, PRS fees do not need to be paid.

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

Paying your royalty fees

You can pay royalty fees to PRS Music in three ways:

Dedicated music venues should have a PRS Licence for live performances and will take care of royalty payments for you. This doesn't mean that you don't have to pay - the venue will likely pass the fee onto you, but they will do the admin. If the venue does not have a licence then the onus falls on you, the organiser, to pay any royalty fees.

You can pay them directly. They have an app and other methods - it's all on their website.

As a member of BBE you are also a member of Making Music UK. Making Music holds an umbrella licence which covers performances by our member groups in unlicenced venues. Their PRS payment scheme helps to make things really simple. Members can take advantage of a 5% discount if they pay by a set date every year (the date may vary every year). You can read more about this on the Making Music UK website.

Click here to view part 4 - Can I make arrangements of music?