BOOM, TISH, BOOM BOOM TISH
This morning I picked up the phone to (just) Holly, a chirpy sounding lady who asked if we played music ‘within our business.’ If we did, we’d need a license. I told her we didn’t (yeah, shoot first and ask questions later) and she said we’d be removed from their list (whatever that is.)
I thought this must be a scam, but a tweet and a five minutes Googling later, it turns out to be legitimate. From the PRS for Music website’s “Do I need a music licence?” page:
In UK copyright law, a person wishing to play copyright music in public will generally require the consent (or licence) of the copyright owner before doing so. ‘In public’ means, broadly speaking, to an audience outside of his/her domestic or home circle. If the person does not obtain the required licence they may risk infringing copyright.
So, in nearly all cases, if you are playing our music (copyright music written, published or arranged by a member of PRS for Music or one of its affiliated societies) outside the home (or domestic environment), you will need to buy a Music Licence.
I suppose I’ve always been half aware of ‘broadcasting’ music (or TV for that matter) in public venues. It’s why pubs can’t use a domestic Sky account to show The Big Game on a Big Screen without a special license. Music makes sense too. It wouldn’t be right and proper to play music at a sporting event without ponying up. I’d never thought about if or how it applies to our business. This is what I’ve figured out. First:
- We run a UK limited company from a home office at our permanent residence
- On normal days, it’s just me and Mrs. M in the studio (and we listen to music)
- Very occasionally people visit on work related matters (clients/customers/contractors)
- Sometimes personal friends and family come around and we hang out in the office (and listen to music)
As we are a business, we’re in PRS’s sights, but they have a set of exclusions, one of which I think relates to our situation:
5. Workplaces
PRS for Music requires any workplace using music to obtain a Music licence. However, PRS for Music, at its discretion, will not make a charge for its licence in certain circumstances:
- Home offices within a private residence — for an individual working on their own in the home office or for people who are permanently resident at that address. However, if you have colleagues working with you (who do not live at the premises) or customers/clients coming into your home (and music is played at these times), PRS for Music would apply the relevant tariff.
We’re exempt — at PRS’ discretion (that’s very vague) — because Mrs. M and I live at the address where we have our office at home. It’s no difference to listening to music anywhere else our house. BUT:
We can’t play music when a clients/customers/contractors visit, unless we play it to ourselves over headphones. They cannot plug in their headphones to our music and I guess we need to keep the volume down too, so they can’t hear BOOM, TISH, BOOM BOOM TISH. Here’s where it get’s murky.
My friend Dan comes round regularly and we hang out all over the house (including the office.) We might talk about work (we do similar things) but on those times we just hang out. He complains about his stupid Android phone and I bang on about Planet Of The Apes. I sometimes have music playing in the background. I put this down to no license. My brother-in-law occasionally stops by too on his way home. He runs a business selling property abroad.
If Dan (yes the same guy) comes to my office (yes the same office) as a contractor and I play music, I’d need a license. If Andrew (the same brother-in-law) wants to talk business, I’d need a license too.
I guess from now on, if I want to avoid paying for a license, I’ll have to check who’s within earshot.