PRS Question

[MikeJ]

My local gym is very basic. There's no piped music, but in the corner there is a big bluetooth speaker that members can connect to. I tend not to (I'm a podcast man...) but others connect their phones to the big speaker, and play their music that everyone has to suffer.

Should the gym have a PRS licence in this case? Technically, they're not playing the music.

 

[UK Contractor Accountant]

this is what an AI seach came back with:

AI Overview


Yes, in most cases, you likely need a music license from PPL PRS to play music in a gym, even if it's your own music, as it falls under public performance rights.

 

[Mark T Jones]

I'd go with AI - after all they are still playing it, even if they aren't providing it.

 

[FreddyG]

Yes, in most cases, you likely need a music license from PPL PRS to play music in a gym, even if it's your own music, as it falls under public performance rights.

In which case the AI is wrong - unless the 'own' music is registered with the PRS.

Which AI gave you that daft answer?

 

[MikeJ]

I assume "own" in this case means CD's (or similar) that you've bought.

But can we keep to the topic, rather than drift into Saturday Kitchen

 

[Paul Kelly ICHYB]

Whilst they are not playing the music, it is being played in their venue!

 

[DontAsk]

Yes, in most cases, you likely need a music license from PPL PRS to play music in a gym, even if it's your own music, as it falls under public performance rights.

You do not need a license to play your own music.

 

[Paul Kelly ICHYB]

You do not need a license to play your own music.

To clarify, if it is your original music and you own the copyright, you will not need a licence (although there is an argument that if it is recorded, not live, you might!), however, if it is your copy of a chart album (remember those?) that you are playing, you will need licences.

 

[UK Contractor Accountant]

You do not need a license to play your own music.

not in someones else venue which is open to the public/members

They think by just putting a bluetooth speaker and let any tom, dick & harry use it exempts them?

use earbuds like everybody else.

 

[MikeJ]

Whilst they are not playing the music, it is being played in their venue!

I don't disagree. However a look at the T&Cs of the licence say ...

"We (as agent on behalf of PPL and PRS) grant You a non-exclusive licence for the Duration to Play and Perform the Music at or within the Premises"

The owners aren't playing or performing the music, so even if they got a licence, surely each individual would also need a licence?

 

[UK Contractor Accountant]

here's the full AI search return

In the UK, gyms and other commercial spaces typically require a music license from PPL PRS (formerly PPL and PRS) to legally play music, even if it's just background music. This includes music played through audio devices, TVs, or even live performances. Members playing their own music in a gym might still require a license, depending on the context and whether the music is being played for the benefit of others.


Elaboration:

• Music Licenses are Needed:
  Playing music in public, including gyms, requires permission from copyright holders, and PPL PRS grants this permission.
  

• "TheMusicLicence" for Businesses:
  Businesses, including gyms, need to obtain "TheMusicLicence" from PPL PRS to legally play music, whether it's background music or live performances.
  
  
• Types of Music and Licenses:
  • Commercially available music: Requires both PPL and PRS licenses.
    
• PPL-free music: (cover versions from specific companies) Requires a PRS license.
  
  
• License-free music: (music from companies who retain their rights) Does not require a license.
  
  
• Online Streaming: Instructors or gyms providing online classes may need a Limited Online Music Licence (LOML) from PRS for Music, says PPL PRS.
  
  
• Instructors and Classes:
  If an instructor plays music in a class, a "bolt-on license" (in addition to the core license for background music) might be needed.
  
  
• Consequences of Non-Compliance:
  Playing copyrighted music without permission can lead to fines or even prosecution.
  
  
• Licensing for Personal Trainers:
  Personal trainers operating in commercial settings will likely need a music license if they play music for their clients.
  
  
• License-Free Music:
  License-free music can be used without a license, but it might not include popular songs from top artists.
  
  
• PPL PRS's Role:
  PPL PRS grants permission to play recorded music in public on behalf of copyright holders, including recording artists and record companies (PPL), and composers, songwriters, and publishers (PRS), according to www.ukactive.com

 

[Paul Kelly ICHYB]

Wouldn't it have been easier to go to PRS rather than using AI?

 

[DontAsk]

here's the full AI search return

• License-Free Music:
  License-free music can be used without a license, but it might not include popular songs from top artists.

No s**t, sherlock. That AI is getting clever!

 

[DontAsk]

here's the full AI search return

• PPL-free music: (cover versions from specific companies) Requires a PRS license.

I would question that, based on a quick google of "ppl-free music".

 

[paulears]

As a PPL and PRS member - even if your clients play the music so other people 'consume' it, then as the dirty deed is done on the business premises, the business needs the licence. If they wear in-ear headphones and nobody else hears it - staff or the public, they don't.

PRS do not collect money for every release, and nowadays, many people put their own music on the net for streaming and are NOT PRS members. This can be played trouble free - from PRS's perspective, but how would you cope with somebody playing their music in the gym, and perhaps videoing it being played, then slapping a bill in for the copyright payment. They're still entitled, even without PRS involvement. Signing up for PRS means you point them towards PRS, and PRS will have a teeny payment for them in a few years maybe.

With the blue stickers displayed, you just forget music.

You could only play rights free/rights paid music - it's easy to get nowadays and you tell PRS when they ask that only rights cleared music is played in the venue. It's very common for touring shows to warn theatres that no PRS controlled music is used in this production, to avoid the theatre deducting PRS payments from the settlement. In theatre, they pay a percentage of the box office to PRS - let's say the rate has been agreed at 2% - and the show is half music and half chat - they then pay 50% of the 2% to PRS. PRS can also (but rarely) require a venue to itemise every piece of music played. Who can afford to have a member of staff monitoring the music played?

Far more economic to just say fine - give me the licence and add it to your other business expenses.

People always groan about PRS, but like a TV licence, it's just simpler to pay, than fight and probably lose in court. The facts are very simple - consuming music requires paying the creators. My chiro office have paid for copyright free background music. They don't pay PRS, but somebody else - and the music is nowhere near the quality, and type customers would actually choose themselves.


I'm now ancient, but my PRS payments go up each quarter. When somebody knows a certain piece f music is going to take off - they can if they wish, remove the music from PRS and deal with it themselves. They then have to work damn hard to tie down the people using it and deal direct - and that is a real pain. Many wish they hadn't bothered.

 

[Lucan Unlordly]

What about playing a radio in my private office which may be heard by a passer by if the doors open when I'm eating my..............

But can we keep to the topic, rather than drift into Saturday Kitchen

...................home cooked nutritional meal?

 

[WaveJumper]

Who knew going to the gym could be so complicated I've decided its best to stay away