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HAIL Tip Sheet 23: Exploiting Copyright - PRS

The Performing Rights Society (PRS) collects royalties from exploitation of musical works.

The PRS deals with the public performance of the musical work rather than the copying of the musical work. 

The royalties that PRS collect are known as "performance royalties"  Performance royalties are paid every time the musical work is performed in public or broadcast.  So for example, all of the radio stations and television broadcasters are obliged to pay royalties for the use of any musical works that they broadcast.  These royalties are paid to the composer via the PRS. 

In the case of radio stations and television broadcasters they are obliged to provide the PRS with what are known as "cue sheets" which set out all of the details of the music that has been broadcast and royalties are paid on the specific songs.  The PRS use the cue sheets to work out if music has been used and which artists are entitled to the income received. 

The PRS also issues blanket licences to venues which play or broadcast music.  So for example restaurants, shops and nightclubs that play music will be committing an offence if they do not obtain a PRS licence.  The income from blanket licences cannot be allocated to a specific artist because cue sheets are not provided.  As a result the income from blanket licences is divided across all the PRS members.

The PRS collects and distributes over many millions of pounds worth of income on behalf of its membership in excess of 26,000 members. The PRS and MCPS have formed a music alliance in the interests of efficiency. Average joining fees to both societies for a writer member is currently set at £50 each as a one-off registration.

There is a new right to income, from the public performance of the performance right.

A performer can now be entitled to income for the public exploitation of his/her performance. 

For example, if your performance is broadcast on television or radio or in a public place, a royalty is now payable to the performer. Previously, it was only the copyright owner that was entitled to payment for the public performance of the copyright work, now this has been extended to the public performance of the performance right.   

This income is being distributed by PPL (Phonographic Performance Ltd) and the first distribution of income to performers has started to happen.  This new legislation is an added bonus to performers, such as session musicians.

Check www.prs.co.uk for more details on the PRS

The PRS also have a special Scotland officen at www.prs.co.uk/scotland

If you have a song being performed publically, then you should be able to collect royalties – but you need to join the PRS and register your musical works with them first.


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