Licences and Permissions | Brass Bands England

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Licences and Permissions

 

Licences & Permissions

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Copyright holders

You might need to seek permission for the Copyright Holders.  Generally, you do not need permission from the copyright holder to actually make a recording.  But you do need permission to distribute the recording (e.g. to make a CD or post online). You get this permission by buying a distribution licence from PRS for Music.

Some music publishers may prohibit recordings - or - ask if you will be making a recording when your hire music and add a fee to the hire price.  This fee is separate to the distribution licence – which you will still need to buy before you distribute the recording.

 

Performers

If you are recording people performing you should make sure they know about it, and that they are happy to be recorded.  Like with GDPR  if they’re a member of your band it can be presumed that this is okay but it’s not good practice to record your band and not let people know you’re doing so.  Here are some basic rules to follow:

  • Be transparent about your plans to make a recording.
  • Be clear about the purpose and nature of the recording.
  • You might want to have documented permission before making a recording.
  • If someone does not want to be recorded, then you respect that.

If you’re working with any professional musicians there may be additional fees or requirements in terms of how, where and when the recording is used.  It is a good idea to be clear about your plans/intentions as early as possible and including any agreement as part of the contract.

 

Audience

In general, you do not need to ask permission from audience members if you are making a video recording of a performance.  However, it is considerate to inform your audience that you will be recording during the performance and you should respect any requests not to be filmed.

 

Licences

Licences to be aware of (bought from PRS):

  • Licence for physically distributed recordings (CDs)
  • Licence for digitally distributed recordings (online)
  • DVD Licence (AV)
  • Sync Licence (AV)
  • Live Performances (AV)

If any of the music you’re recording is in copyright, then you’ll need a licence to distribute it.  Licences for AV recordings effects musical & literary copyright but NOT typographical.

Example: If the piece of music you want to record and distribute is in the public domain because the creator died more than seventy years ago, you do not need to pay royalties on your recording, even if you are using a sheet music edition that was published five years ago.

 

The licence you need will depend on how you are distributing it, but you will normally need to buy one from PRS for Music. This can be done quickly and easily online.

  • They are blanket licences in that they cover any music you are playing that is in copyright.
  • You don’t need to tell them specifically the pieces of music.

Even with the correct license in place, a copyright holder can restrict how their music is used.

Example: Music being used to promote something (e.g. a product or campaign) the copyright holder does not want to be associated with.

 

If you use a recording to promote your group, you need to make sure you have the correct licence. If your recording is promoting, or associated with, something contentious it might be a good idea to get permission from the copyright holder – if you are unsure you can contact BBE, Making Music or PRS.

 

CDs

If you make a CD (or other physical product e.g. DVD) you will need a Limited Manufacture (LM) Licence.

LM License = Split in two depending on if you are recording music just by you or by others too.

The cost of a LM licence depends on:

  • how many copies of your CD you will make.
  • how many minutes of music are included.
  • whether your CD includes any other sound recordings which you didn’t record yourself (for example backing tracks).

If your CD contains only music which you recorded yourself, then you can purchase a Limited Manufacture licence at ‘MCPS-only rates’.

 

If your CD contains any recordings which you didn’t record yourself, you will need to purchase a Limited Manufacture licence at ‘MCPS-PPL joint rates’.

 

Details of LM licence rates can be found on the PRS for Music website. They have detailed FAQS, but here are some of the key things to be aware of:

  • A LM licences applies to an album and cannot be transferred.
  • You need a LM licence if any of the music on your disc is in copyright. However, when calculating the licence fee only count the minutes for the music in copyright.
  • LM licences are only available for a maximum of 1000 CDs. They can also be used only if you will be distributing your disc directly. If you require more than 1000 units or you plan to sell your disc through a third party, you will need an AP1 or AP2 licence.
  • It doesn’t matter if you give the CDs away for free – you still need a license.
  • An LM licence does not cover dramatico-musical works (opera, ballet and musicals) permission to record those pieces will need to be sought directly from the copyright owner.

If you decide to have your CD professionally made, your chosen production company may agree to acquire a licence as part of their service.

 

Digital Recordings & Use Online

If you make a digital recording and you want to use it online, you have a few options:

 

1. Posting content on YouTube, SoundCloud or Facebook

YouTube, SoundCloud and Facebook have blanket licensing agreements with all major international record labels and music publishing companies, meaning that recordings you upload to these sites are covered. This includes posting a video to YouTube (for example) and then embedding it on your own website.

 

We highly recommend bands use this method rather than hosting a recording directly on your own website:

  • It is the easiest and cheapest way to use music online - the platform takes care of the licencing.
  • You can embed videos and recordings from the third-party site on your own site (and they are still covered by the blanket licences).
  • Your recordings are easily and publicly accessible.
  • If you want a recording to be private most platforms have the option of uploading it privately.
  • You can create playlists of your recordings.

 

2. Uploading recordings onto other third-party sites

There are many sites other than YouTube, SoundCloud or Facebook where you could consider posting your music: be aware that they may not have licensing agreements in place. You should therefore always check the terms of the hosting site with regard to copyright clearance or infringement before uploading.

 

3. Making recordings available on your own website

Making music available from your own site (e.g. streaming or as a download) means you will need to apply for your own license.  This does not include embedding a video form a third-party site like YouTube, which does not require a licence.

There are a few different types of license for using music online depending on:

  • How the music will be used
  • The amount of usage you expect
Next: Online Concerts and Licences

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