Have You Got All Your Permissions?

Several cases have emphasised the importance of ensuring that businesses do not unwittingly breach copyright legislation. Whether playing music to customers on hold on the telephone, allowing radios to be used by staff or using images on websites, it is crucial that businesses have the necessary licences in place.

DOES YOUR BUSINESS USE MUSIC?

Under the Copyright, Designs and Patents Act 1988, the performing, playing or showing of a copyright work, in public, such as the playing of a radio, without the consent of the copyright owner may amount to copyright infringement. Deciding whether the act is "in public", is a question of fact in each case but as a general rule anything going beyond strict domestic use will be held to be "in public" and this includes where the audience consists of people at work.

This is illustrated in a case brought by the Performing Right Society (PRS) against Kwik-Fit (in the Scottish Courts), concerning personal radios being used by employees in bay areas of Kwik-Fit premises where they could be heard by both members of staff and members of the public entering or leaving the bay areas. At a preliminary stage, it was decided that it was possible that Kwik-Fit may be liable for copyright infringement if it could be proved that Kwik-Fit (in particular the local and central management), had authorised or permitted the playing of the music (the allegedly infringing act). It was also possible that Kwik-Fit may also be liable as an occupier of premises who had given permission for employees to bring radios on to the premises with knowledge, or having reason to believe, that the radios were likely to be used to infringe copyright.

It is worth noting that PRS had been conducting inspections across Kwik-Fit branches and were intending to produce the results as evidence of Kwik-Fit's alleged copyright infringement.

THE RIGHT LICENCE AT THE RIGHT PRICE

In the UK, the PRS licences copyright in music and lyrics whereas Phonographic Performance Limited (PPL) licenses copyright in sound recordings.

In 2005, the PPL amended its tariffs resulting in an increase in the annual rates payable for its licences. Recently, the Copyright Tribunal has ruled that the increases were unreasonable and unjustifiable and has ordered a return to the original rates with a modest 10% increase. There are also concessions available for smaller premises and businesses. However, late payers or those trying to avoid detection should beware as if the PPL...

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