Performing Rights
Page Contents:
- What is PRS?
- The difference between PRS and PPL
- PRS fees decision tree
- Paying your fees
- Do I need a licence for online concerts?
What is PRS?
PRS stands for the Performing Right Society. PRS pay royalties to their members when their works are:
- broadcast on TV or radio.
- performed or played in public, whether live or through a recording.
- streamed or downloaded.
The difference between PRS and PPL:
PPL and PRS for Music both license the use of music and collect royalties for the music industry, but each represents different rightsholders and have separate licences, terms and conditions.
- PPL collects and distributes money on behalf of performers and record companies for the use of their recorded music.
- PRS for Music collects and distributes money on behalf of 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.
1. Public Performance:
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: A band have an end of term social for members with invited guests. It is in their rehearsal space, it’s free, invite only and not open to the public. If this involves any playing: it would be classed as a public performance.
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 make a charge for functions of a purely domestic or family nature, so: 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.
- 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.
2. Are you organising the event or just taking part?
Whoever is organising the event is responsible for the PRS fees – 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 organisers.
3. Is the music being performed in copyright?
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 organiser of the performance who is responsible for royalty payments.
Paying your royalty fees
You can pay royalty fees to PRS for Music in three ways:
1. Through your venue
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 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.
2. Directly to PRS for Music
You can pay them directly. They have an app and all sorts of things – it’s all on their website.
3. Through your annual membership of BBE via MMUK
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 unlicensed 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 MMUK website.
Do I need a licence for online streaming?
Use the handy decision tree below to find out if you need a licence for your online events.
