Performing Rights Society

I have just found this on 'the accommodation know-how' site (The pink booklet)

Is a licence required for copyright music in customers' rooms?

While there has been agreement that a PRS licence is required for places such as dining rooms, lounges and bars, hotels have long maintained that the provision of TV sets, radios, etc in customers’ rooms are exempt from the requirement because hotel rooms are private, rather than public spaces. The PRS do not agree with this interpretation and there has been something of a stand-off between the PRS and the British Hospitality Association on this issue.

However, on 7th December 2006 the European Court of Justice ruled that the distribution of a signal by the means of television sets by a hotel to customers staying in its rooms, whatever technique is used to transmit the signal, constituted communication to the public within the meaning of Article 3(1) of the European Directive on the “harmonisation of certain aspects of copyright and related rights in the information society”.

The Court felt that the private nature of hotel rooms did not preclude the communication of a work by means of television sets from constituting “communication to the public” within the meaning of Article 3(1) of Directive.

On the basis of this ruling it seems that the PRS are now renewing efforts to make UK accommodation providers obtain a licence for playing copyright material in guests’ rooms.

Interestingly, the ECJ ruled that the provision of physical facilities for playing copyright material in guests’ rooms did not amount to communication. Rather it was the distribution of the signal that amounted to the breach of copyright. Therefore, if the accommodation provider does not distribute the signal (ie the TV receives its signal direct from the transmitter), it may be possible to mount an argument that the Directive has not been breached and that a PRS licence is still not required.

Obtaining a licence

Further information on obtaining a licence, along with a list of licence tariffs is available from the PRS (see Further Guidance below). If a licence is required, the PRS has a hotel and restaurant tariff with a separate section for small residential hotels (up to 15 rooms with facilities restricted to overnight guests). The list of tariffs includes the use of:

• background music and TV/radio systems in public areas, eg foyers, bars and corridors
• live music
• discos and karaoke machines.

The use of TVs and radios in guests' bedrooms is covered by these tariffs too, although their inclusion is being disputed by the British Hospitality Association who believe that a guest's bedroom should not be regarded as a public area and subject to licensing requirements (see Is a licence required for copyright music in customers' rooms? above).

Note! You are required by law to obtain a licence if you need one. If you apply for a licence before you start playing copyright music in a public place, you will be charged a standard rate. If you apply later, or are caught playing music without a licence, you will be charged a higher rate for the first year of the licence.

Regards

Easter