NEWS - MUSIC LICENCES - 16.07.2008

Still facing the music?

Music while you work is less than a big hit with employers as licence enforcement action shows no sign of abating. So do you need a licence or not?

Back again. Since we last published an article on this subject (see The next step), it’s become clear that the Performing Rights Society (PRS), has stepped up its campaign to get more fees if you play music in your work premises.

Heavy-handed. Recent letters have asked: “Are you continuing to break the law?”. This presumption heads a second or third letter enquiring into the presence of music on your premises. If no music is being played or won’t be from now on, a letter will close the matter for twelve months. Don’t send a cheque if you don’t need a licence. Ensure the relevant employees know not to make a “knee jerk” response to such a letter.

Tip. Even if a rare inspection found music being played without a licence you would receive several “invitations” before matters went further.

Licence required? The law exempts listening in your own home. So remote/teleworkers do not need a licence provided for them even if they use a room dedicated for work. This exemption only applies if they are on their own and see no colleagues or customers on the premises.

Own player? But if you do provide staff or customers with the ability to listen to music, a licence is required. But what if it’s their own radio? It is actually the premises that requires a licence wherever music is “performed”. So if staff bring in a radio, you’ll need a licence.

In the head. There is one circumstance where your staff could actually listen to music on their own equipment without landing you in trouble. If they use a portable device and listen via headphones, this is defined as not being “performed” publicly. It doesn’t matter how leaky the headphones are! Though, of course you might not want your staff to listen in this way for other reasons!

The next step

For a link to the previous article (CD 09.20.01A) and more information on licence fees (CD 09.20.01B), visit http://companydirector indicator.co.uk.

Beware of recent letters that might encourage you to pay for a licence when one isn’t needed. Lone workers at home are exempt. There’s also no problem if staff listen to music via headphones.

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