Lo5: Copyright & PRS, Legal and Ethical issues

PRS LICENSING:

If music is ever played on your premises for customers or staff; for example, through radio, TV, CD, MP3 or computer speakers, or at live events, this is considered a ‘Public Performance’. The Copyright, Designs and Patents Act 1988 states you need to get permission from the copyright holder to ‘perform’ music in public – and a music licence grants you this permission.

Our licensing is flexible and covers the vast majority of commercial music originating from the UK and all over the world.

Please note, if you play music that is outside of PRS for Music’s control, you may need an additional licence from the relevant copyright owner(s).

There are certain circumstances under which you will not need to obtain a licence to use copyright music in your business. Your music usage may not require a licence and in some situations you will not require a licence where PRS for Music members have chosen to waive their rights. The conditions for either of these scenarios are as follows:

• Where there is an exemption in UK copyright law which permits the use of copyright music without the consent of the rights-holder.  Information on the exceptions to copyright can be found on the UK Government's website.
• When your music use in very specific circumstances is covered by a PRS for music non charging policy.
• If you never play music, or in the unlikely event that all the music you play is out of copyright or is not controlled by PRS for Music.

OfCom Regulations on Alcohol / Young People Protection:

• Ofcom (the Office of Communications) is the regulator of the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services. Ofcom was established on 29 December 2003 and replaces the Independent Television Commission (ITC), the Radio Authority, the Broadcasting Standards Commission, Oftel and the Radio Communications Agency.
• The Advertising Standards Authority (ASA) is the UK self-regulatory body for ensuring that all advertisements are legal, decent, honest and truthful. The ASA was established in 1962 by the marketing industry in order to regulate advertisements appearing in the non-broadcast media (e.g. press, poster, cinema). Marketing communications in the non-broadcast media must comply with the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code).
• The Communications Act 2003 requires Ofcom to review its functions and to have regard to the extent to which its duties are likely to be furthered or secured by effective self- regulation. Against this background, Ofcom decided that a self-regulatory approach to broadcast advertising regulation might be better equipped to handle the growing issues of convergence raised by the growth of digital communications than the current statutory system. It also believed that a single point of contact for consumers for advertising issues across all media might serve the public better than the fragmented approach to advertising regulation.
• Therefore, in November 2004, Ofcom delegated day-to-day responsibility for applying the broadcast advertising codes to the ASA (Advertising Standards Authority). At the same time, responsibility for the TV and Radio Advertising Standards Codes themselves was delegated to the Broadcast Committee of Advertising Practice (BCAP), the industry rule-making body, comprising advertisers, agencies and broadcast media. BCAP can only make changes to the Codes with Ofcom’s agreement and following public consultation, having consulted the independent Advertising Advisory Committee (AAC).
• Earlier, in July 2004, Ofcom had consulted on proposals to revise Section 11.8 of the Advertising Standards Code for television advertising relating to alcoholic drinks. The decision to review the rules came from a background of widespread concern about the drinking behaviour amongst teenagers and young adults, including excessive or binge drinking or anti-social behaviour associated with drinking. One of the first tasks for BCAP, following contracting-out, was to devise Notes of Guidance completing the proposed alcohol advertising regime.
• Following consultation, the new rules for television advertising came into force on 1 January 2005 with a ‘grace period’ until 30 September 2005 for advertisers who might have already committed themselves to campaigns which might not comply with the revised rules. In tandem with this process the Committee of Advertising Practice (CAP) amended the alcohol rules in the non-broadcast advertising Code. Amongst other objectives, the changes to the Codes were aimed at preventing alcohol advertising having a strong appeal to ‘under 18s’ and, in particular, being associated with youth culture. For example a new rule in the TV Code requires that alcohol advertising ’must not be likely to appeal strongly to people under 18, in particular by reflecting or being associated with youth culture’.
• The new rules have now been in place for more than two years and the research study conducted in 2005(-1-) which provided a benchmark for understanding attitudes towards ‘alcohol advertising’ has been updated to look at any post-regulatory changes in attitudes.