1. PRS and PPL Schemes
PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use of recorded and live music in public performances. If recorded music is audible in a public space at your institution, you need both licences. The PPL scheme is also for live music performances. There is an exemption under the Copyright, Designs and Patents Act 1988 S.34 for public performances of music used for educational purposes, so this does not apply to music being used in lectures (or elsewhere in the college or university) for teaching and learning purposes.
PPL licenses:
• The use of recorded music on behalf of the record companies and the performer’s rights.
• This covers bought CDs, music played through a television, the radio and playing music on the internet in public.
• A public performance is considered playing recorded music anywhere outside of a domestic environment, in front of an audience.
• An audience can be one person if this is in a public space.
PRS licenses:
• The use of the actual lyrics and composed music in any public performance of music, on behalf of the song writers, composers and publishers.
• This includes using the radio, CDs, and streaming on the internet, music on television and also live music performances.
• Again a public performance is considered to be anywhere outside of a domestic environment in front of an audience, which can be one person.
If recorded music is being played in any public space through any kind of device to an audience, your institution will need to have both the PPL and PRS licences (and a TV licence if this applies). It does not matter if the device the music is being played on is owned by the institution or a personal possession of a staff member or student. The licence applies to the playing of music in public. However if staff and students listen to recorded music through headphones in public college or university space, this will not constitute a public performance of this music and therefore not require a PPL or PRS licence. The music must be audible in a public space.
2. Halls of Residence
There is no clear guidance on either the PRS or PPL websites about student accommodation itself. Halls of residence are buildings owned by the institution containing living quarters or accommodation for students. There is guidance on the PRS website for ‘residential homes or ‘premises within sheltered communities’, which could include communal living spaces for residents similar to halls of residence setting.
The PRS website states:
“PRS for Music does not charge for music use in residential homes, where the use is consistent with normal domestic music use. For example, the following uses would not be charged:
• Background music use in bedrooms, flats and communal areas
• Informal performances of music
• Formal performances of music where no related charge is made to the residents.
Any music use not consistent with normal domestic use remains chargeable. This may include formal performances where a charge is made to the residents, or use of hold music on telephone systems”
The students living in halls would be listening to music in line with normal domestic use and this could be considered their private domestic environment similar to a residential home or sheltered community premises.
Also the students would have a lease with the institution as tenants, so would have a reasonable expectation of privacy for any common parts of their dwelling with the legal rights afforded a tenant occupying a property. This would make a strong argument for common parts of halls of residences being a private rather than public space.
Ultimately this a risk decision for your institution to take with regard to PRS and PPL licensing and how you have defined the shared spaces in terms of property law. If these areas are defined as domestic area, then the PRS and PPL licences will not apply. If they are defined as public spaces in the institution then the PRS and PPL licences may apply.
3. Workplaces such as Offices
The PRS website states:
A PRS licence is required for any 'mechanical performance' of copyright music as a background to work, meals, rest rooms or breaks at work places in the UK. The term covers recorded music played on CD as well as music playing on a radio or television set. So providing a TV in a staff canteen requires an employer to buy an annual PRS music licence, not just a TV licence. If employees are listening to music through headphones a music licence would not be required because it does not constitute a public performance.... Any music must only be audible to the employee or worker to whom the Personal Portable Device belongs through a headset attached to that device and not to any other individual in the workplace.”
The PPL website also lists offices as public spaces requiring a PPL licence. If employees are listening to music which is audible to other members of staff in the work space, a PRS and PPL licence will apply. If music is being listened to with headphones and not audible to others, these licences will not apply. Using headphones could be adopted throughout the institution as a means of avoiding the licensing fees which is a less controversial method than banning listening to music in the workplace which can cause a lot of frustration with employees.
The licences can still apply even in offices where one person is working as a ‘lone worker’ if visitors can access the office, although PRS state they will consider waiving any licence fees in some circumstances of ‘lone working’.