PRS for Music meaning

In this issue: General Election 2024 Trade marks/passing off Patents Copyright & associated rights General IP IP and technology LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information General Election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges This News Analysis brings together cross-practice coverage of the 2024 General Election. It features contributions from practice area specialists, Practical Guidance, news, analysis and journal pieces. For IP, the package also reviews the Digital Markets, Competition and Consumers Act 2024—parts of which commenced on 24 May 2024 during the wash-up—and sets out the main parties’ manifesto commitments. It further examines AI regulation and the potential impact of those pledges in this sphere. See News Analysis: General Election 2024—parliamentary process, wash-up and manifesto pledges... Trade marks/passing off AI Trade Mark Tussle: ‘Builder’ non-distinctive in the ‘no-code’ app building space (Engineer.ai...

In this issue: Copyright & associated rights Trade marks/passing off Patents IP and AI LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights UK music collective succeeds in stopping mass claim over ‘black box’ royalties. MLex: Judges at the Competition Appeal Tribunal (CAT) have decided that a planned mass claim accusing a UK music copyright collective of unfairly distributing royalty income cannot proceed to trial. David Rowntree, Blur’s drummer, had sought compensation from the Performing Rights Society (PRS) on behalf of thousands of songwriters concerning ‘black box’ royalties—funds that cannot be matched and paid to the correct artist. See: UK music collective wins action to halt mass claim over ‘black box’ royalties. Trade marks/passing off The trade mark licensing ‘black hole’ (Lifestyle Equities v Sportsdirect). This decision will interest trade mark lawyers who advise clients on and...

In this issue: UK private actions EU digital markets EU competition policy EU State aid Daily and weekly news alerts Caselex UK private actions CAT refuses UK music copyright collective action The CAT handed down its ruling in David Alexander de Horne Rowntree v Performing Right Society Limited and PRS for Music Limited, a bid for a collective proceedings order (CPO) under s. 47B of the Competition Act 1998 (CA 1998). Brought for the benefit of PRS songwriter members, the claim took issue with the allocation of so‑called ‘Black Box’ royalties. The Tribunal declined to make the CPO and, instead, upheld PRS’s applications for strike‑out and summary judgment. Background PRS gathers and pays out royalties for the public performance of musical compositions where the performing rights have been assigned to it. The dispute related to royalties that cannot be matched to the rightful songwriter or publisher (‘Black Box’ royalties). PRS ordinarily shares those monies pro‑rata...

For more common film and TV terms, see: Film and TV glossary A–B, Film and TV glossary C–D, Film and TV glossary E–H, Film and TV glossary I–L, Film and TV glossary R–S, Film and TV glossary T–W. Meme An image, video, snippet of text, or similar item that satirises or amuses, typically spreading rapidly online, with users often adapting or varying it as they share it on. Mime Within copyright law, mime is treated as a form of dramatic work. Moral rights Under the Copyright, Designs and Patents Act 1988 (CDPA 1988), authors are granted personal rights (moral rights) that sit alongside, but separate from, their economic rights. Whereas copyright concerns financial interests, moral rights protect the author’s public reputation and the integrity of the work linked to them. the right to be named as author or director (the right of paternity) the right to object to derogatory treatment of a work (the right of integrity) the right...

This Practice Note examines music collecting societies, which may operate as ‘licensing bodies’, and/or ‘Collective Management Organisations’ (CMOs). It outlines: the rationale for music collecting societies; how collecting societies work; and the regulation applicable to music collecting societies. It then supplies details on PRS for Music (PRS) and Phonographic Performance Limited (PPL) (covering their members and the rights they administer), as well as the joint venture PPL PRS Ltd and TheMusicLicence. This Practice Note sets out practical matters to bear in mind when dealing with music collecting societies. The need for music collecting societies and the legal framework The proprietor of copyright in a creation such as a musical work or a sound recording is entitled to authorise or prevent certain restricted acts. In the UK, those acts are listed in Chapter II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The restricted acts include the right to reproduce the work, to perform or play the work in public, and to communicate the work to the...

The need for a licence to play music—copyright-protected works Copyright safeguards certain categories of work from unauthorised, chiefly commercial, exploitation. When music is played on business premises, the following kinds of protected works are applicable: music (musical works) lyrics of songs (literary works) recordings of songs or music (sound recordings) radio or television (TV) broadcasts The rightsholder in any of these works may control commercial use by either prohibiting it or by licensing third parties, for a fee, to play or perform the works in public. Music A ‘musical work’ is a ‘work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music’. For musical copyright to subsist, there are three key ingredients; first, it must comprise ‘music’. Music is distinguished from ‘mere noise’ as a combination of sounds intended for listening, producing effects of some sort on the listener’s emotions and intellect...

This Agreement is entered into on [ date ] Parties [ Insert name of Publisher ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] (Publisher); and [ Insert name of Writer ] of [ insert address ] (Writer). Background The Writer composes musical works and/or authors lyrics of literary works; The Publisher operates in the field of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and The Publisher seeks to obtain, and the Writer agrees to grant to the Publisher, the exclusive right to the Writer’s share of the Compositions, subject to this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period means each six-monthly period ending on 30 June and 31 December; Advance means all monies...

The parties agree: From: [ insert name of publisher ] (‘we’ and ‘us’) of [ insert address ] From: [ insert name of company ] (‘you’ and ‘your’) of [ insert address ] Dated: [ insert date ] Dear [ insert organisation name ] ‘[ insert name of programme ]’ (the Programme) 1 Subject to, and in consideration of, your payment to us of the amounts specified in Schedule 1 (receipt of which is acknowledged), we hereby provide you with a non-exclusive licence covering the musical and literary works (the Works), the details of which are set out on the cue sheet in Schedule 2...