Music in the balance for fundraising events 3

Finance | 4 Nov 2008

The government has started considering responses to a consultation on changing the way charities are allowed to use music in public, just as Mind has embarked on a week-long campaign to raise money for licensing fees to play music in its charity shops.

Charities could face a starkly different environment in terms of use of music following the completion of the consultation period last Friday, 31 October, as part of the Music Licensing Review. The worst-case scenario is that they lose the right to play music at fundraising events.

The Music Licensing Review called on music producers, copyright owners and users to comment on proposed changes to the Copyright Designs and Patents Act 1988 which could see charities lose their right to play music and media in public - in specific circumstances - without paying license fees.

A statement released by the UK Intellectual Property Office (IPO) said the "government is aware that some exemptions in the Act may not be working well in maintaining correct balance between the interests of music rights holders and users".

Ian Fletcher, chief executive of the IPO, said: "We need to ensure we find the correct balance between the fair application of exemptions for the benefit of society and the need to ensure a fair reward to the creators of the music we enjoy in a way that is consistent with European and international law."

Three options

Three things could happen to exemptions as a result of the review: they could be altered so that they apply only to smaller charities; they could be replaced by an alternative, charity-specific payment scheme; or they could be dumped entirely.

The possibility of losing the exemptions has caused concern among many in the third sector. Stuart Etherington, chief executive of the NCVO, said: "A move like this may well make it impossible for small community-based charities or organisations to play music at their local events. It could spell the end for the charity tea dance in a village hall or a fundraising disco in aid of a local charity."

"Small organisations would be swamped with red tape, and, in many cases, having to pay extra fees could mean that many social and fundraising events become non-starters."

After analysing the responses, the IPO hopes to present draft legislation to parliament by summer 2009.

Music in Mind

Meanwhile, for the week beginning 3 November, Mind charity shops across the country will be working to raise the £7,000 needed to cover the costs of licensing fees for playing music in-store. The sound was switched off at Mind shops in July after the Performance Rights Society informed the charity it needed a licence to broadcast music in store.

The Association of Charity Shops then intervened and negotiated on behalf of all charity shops a new payment scheme. A spokeswoman for Mind told Charity News Alert that the amount negotiated represented an annual fee of around £70 per Mind shop.

Directory: Mind | Charity Retail Association

Place a comment

Veronica Karrinton
Director
VCSS
7 Nov 2008

I feel that not enough background research was done prior to embarking on the discussions relating to making changes to the way licenses are obtained.

There has never been an exemption for charities under the PPL or PRS but there has been schemes and specific tariffs; everyone still paid for a license. Eligible charities registered under the Community Matters scheme for charities which is still in operation.

In regards to PRS, it took two years of negotiation to come to an agreement on the current Tariff CB, which is the tariff under which charities managing community buildings come under. What was needed in relation to charity shops is a scheme which they could follow and it appears this has now happened. If you check further you would see that the Scouts and Guides have schemes also.

Don't fix what has not been broken.

[Reply]

Sandra Washington
Musician and consultant
6 Nov 2008

I think a lot of us musicians if asked would be happy for their work to support charities. Is anyone asking us? Probably not. Itâ€™s the arrogant presumption of rich collecting societies that taking on this sort of battle is in musiciansâ€™ interests. Yet they clearly have their own best interests first.

Whilst there is nothing wrong with that, why are music collecting societies so keen to hide their hunger for profit behind the benevolent mask of working for musicians. This is sneaky, patronising and short sighted.

If the music collecting societies don't reduce some of their profit â€“ oops, I mean admin fees say towards a charity licence scheme or indeed a waiver, then artists and charities will come up with their own business models â€“ one that cuts out the collecting society.

This would be a shame, collecting societies do valuable work, but sometimes overstep the mark and donâ€™t work towards the interests of those that they claim to represent.

What next - book publishers and designers claiming royalties on books and clothes sold though charity shops?

[Reply]

Hayward Ollerton
5 Nov 2008

A shop without music, where the browser can hear him or herself think? What a blessed relief! It seems strange that a mental health charity should be unaware that in-store music is disturbing, disorientating and plain irritating to a substantial number of people in the population.

The management should look carefully at the Disability Discrimination Act before seeking funds to play unnecessary and unwanted music. Musical tastes also vary so widely that any music played is bound to be disagreeable to some people.

[Reply]

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