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Listening To The Radio At Work? Prepare To Be Sued

MLCT writes "The Performing Rights Society, one of the UK's royalties collecting societies, has taken a Scottish car servicing company to court because the employees are alleged to have been listening to the radio at work, allowing the music to be 'heard by colleagues and customers'. The PRS is seeking £200,000 in damages for the 'performances of the music' which they claim equates to copyright infringement. The judge, Lord Emslie, has ruled that the case can continue to hearing evidence, commenting that the key point to note was that music was 'audibly blaring from employee's radios'. Where do the extents of a 'public performance' end? Radios on in cabs?"

22 of 486 comments (clear)

  1. Somebody please, stop the madness by j0e_average · · Score: 5, Insightful

    It is completely unreasonable to expect compensation for second-hand radio.

    1. Re:Somebody please, stop the madness by Duhavid · · Score: 5, Funny

      What about second hand smoke?

      I think the tobacco companies should sue
      everyone for enjoying their products at
      second ( or even third ) hand.

      --
      emt 377 emt 4
    2. Re:Somebody please, stop the madness by xjimhb · · Score: 5, Funny

      What's next? Perhaps the newspaper will sue you if you hold a copy so somebody can read over your shoulder?

    3. Re:Somebody please, stop the madness by Foobar+of+Borg · · Score: 5, Funny

      In other news, I'll sue you for copyright infringement for when you quote me on slashdot Or, if you repeat something said on the simpsons
      In Soviet Russia, Yakov Smirnoff sues YOU!
    4. Re:Somebody please, stop the madness by ediron2 · · Score: 5, Insightful

      Heh... second-hand got me to thinking: imagine a second-hand-smoke victim receiving a countersuit by tobacco companies because they were able to inhale cigarette smoke they hadn't paid for.

      This is about that absurd.

      Theatrical broadcast implies a desire for an audience to hear the performance leading them to the venue. Charging admission shows enrichment. Venue must reimburse the artists in such a case. Sensible so far.

      Muzak (or elevator music or bland background music, for those that don't know the slang) creates mood for a particular commercial location (restaurant, store, elevator, or even music-on-hold). This mood is carefully cultivated for whatever commercial goal by the vendor, so the vendor should be reimbursing artists for their help in making the store/restaurant mood.

      But music played by workers at a construction site or a repair shop... that's for the benefit of the employees and usually at the expense of the customer. I'd no sooner wander down to the mechanic's to listen to his boom box than I'd want to eavesdrop off most strangers' ipods. Hell, I thought that was the greatest part of ipods: boomboxes became anachronistic jokes.

      Charging royalties for unwanted intrusions of music is the most absurd damn thing I've ever heard of, and tries to claim economic value where none exists. It'd be like demanding royalties from the owners of all those noisy damn cars driving around with mega stereos in their trunks rattling my windows...

      Hmm... on the other hand, maybe I'm in *favor* of this, if another wave of unwanted noiseboxes are silenced. Dumbass argument, desirable side effect.

    5. Re:Somebody please, stop the madness by Your+Pal+Dave · · Score: 5, Funny

      Somebody should compensate me for having to listen to the idiotic station that the jerk in the next cubicle listens to!

    6. Re:Somebody please, stop the madness by Seumas · · Score: 5, Insightful

      I don't understand the point here.

      Radio is supported by advertising. What does it matter if 500 people are listening to 500 radios or 500 are listening to a single radio? I understand that the idea is that "those are 500 people who will not be counted toward royalty payments", but since royalties are entirely calculated by the size of the listening audience -- how does it matter unless some of those 500 people are also part of some "Nielson" family? If they're all listening to separate radios, is some sort of magic going to occur where they can tell that 500 radios are turned on and to a specific station?

    7. Re:Somebody please, stop the madness by ibentmywookie · · Score: 5, Funny

      Somebody should compensate me for having to listen to the idiotic station that the jerk in the next cubicle listens to! I was told that I could listen to the radio at a reasonable volume from nine to eleven, I told Bill that if Sandra is going to listen to her headphones while she's filing then I should be able to listen to the radio while I'm collating so I don't see why I should have to turn down the radio because I enjoy listening at a reasonable volume from nine to eleven...
      --
      -- The doctor said I wouldn't get so many nose bleeds if I just kept my finger out of there!
    8. Re:Somebody please, stop the madness by M.+Baranczak · · Score: 5, Interesting

      This is about that absurd. A parable:

      Nasrudin was walking down the street one day, and came upon a man arguing with a merchant who was selling stew out of a street stall. According to the merchant, the man spent all day hanging around next to the stall, inhaling the aroma of the stew, but not buying anything; the merchant was demanding compensation for the service that he provided.

      Nasrudin, hearing this, took the man's money purse, held it near the merchant's head, and shook it gently for a few moments. Then he said: "Now you're even. He's smelled your food, and you've heard his money jingle."

    9. Re:Somebody please, stop the madness by cashman73 · · Score: 5, Funny

      I'll ... I'll ... I'll ... set the building on fire! I'll ... I'll ... put strychnine in the guacamole!

    10. Re:Somebody please, stop the madness by SageMusings · · Score: 5, Funny

      As long as there are un-purchased Bentleys out there, lawyers are forced to explore these legal issues. Seriously, their backs are against the wall on this.

      --
      -- Posted from my parent's basement
  2. They sure are greedy by slashqwerty · · Score: 5, Interesting

    Don't the radio stations already pay royalties? Why should the artists collect twice?

  3. seriously??? by WwWonka · · Score: 5, Funny

    seriously?...um...seriously? SERIOUSLY? hold on, let me think about this one a little more...............seriously????

    1. Re:seriously??? by LWATCDR · · Score: 5, Funny

      It could only happen in America. The Us has a broken legal system. Thank goodness nothing that stupid could ever happen in the EU...
      Oh never mind.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  4. This isn't *all* bad... by EvanED · · Score: 5, Funny

    If they lose, sanity prevails.

    But if they win, it provides precedent to sue anyone driving by with their car stereo too loud, so at least we get something out of the mess.

  5. Thumpmobiles by anagama · · Score: 5, Funny

    When the hell is someone going to sue the idiots with the car stereos I can hear a mile away?!!!

    Damn right -- get the hell off my lawn.

    --
    What changed under Obama? Nothing Good
  6. Not Surprising by mashade · · Score: 5, Informative

    As a former restaurant manager, this isn't news to me - though the setting is different.

    I was once approached by a BMI agent about the music playing in the kitchen for this same reason. ASCAP and BMI will go after restaurants for royalties from jukeboxes, or bands playing cover songs -- and even your kitchen crew playing their favorite tunes while they work, if it's audible to the customers. That was the stipulation, it had to be quiet enough not to beard from the dining room. Of course, we wanted it that way anyway so as not to interfere with the house music, but on lulls sometimes sound travels.

    I thought it had gone too far at that point, without the madness from the RIAA and their relatively recent infringement suits. They've been out of line for a while, folks!

    --
    Technology tips and tricks.
  7. On hold by MichaelSmith · · Score: 5, Insightful

    Back when I worked for the state government road authority we ran a small call centre for breakdowns, etc. The audio switcher had an input for an on hold message and for a long time we fed in a signal from a commercial radio station.

    The theory is that they are broadcasting N copies of their signal anyway, and a few extra listeners are also going to be hearing the advertisements which pay for the broadcast. It scales, so what is the problem?

    More to the point, if I listen alone in my car and an advert comes on then I will change to a different station. If I am listening to somebody else's radio then I have to listen to the advert, so by that argument they should be encouraging people to share radios.

  8. Missing the point of the social contract by Endymion · · Score: 5, Insightful

    They can collect on "public performances" of the radio when they start paying me for trespassing on my property with all that RF.

    This is not a copyright violation as it's "publicly performing" things that were already sent out over public airways. Really, it's almost equivalent to the idiots suing because people used the "hacking technology" of HTTP to get the files they publicly offered.

    --
    Ce n'est pas une signature automatique.
  9. Re:sigh by Anonymous Coward · · Score: 5, Funny

    This is already illegal.

    I buy at least 4 copies of each CD, with a separate player and headphones for each. When friends come over, we synchronize playback with the familiar 3-2-1 countdown. Are you saying you don't follow the procedure?

  10. Are you from the US of A? by SmallFurryCreature · · Score: 5, Interesting

    I am not, but even I heard of a small case that happened on your shores when a company went to far. Ever heard of the British East India Company? It had to do with some added tax/levy or something being added to tea. I think it caused a bit of a riot in boston, local affair, easy to miss but some people were upset about it.

    Offcourse, this involved goverments but since back then the lines between goverment and business was often very blurred (unlike today when we see absolutly no blurring of any kind *cough*) this might be considered a case of a very succesfull (if you are an american) embargo against a company that pushed its customers too far.

    Does it work in other cases? Well, note the difference in genetically engineered products in the US of A and europe, the europeans have long since been against any such crap and so companies make it very clear that they don't put it in their products.

    More or less any normal business listens to its customers, the problems start to occur when a business becomes more then just trying to sell you a product and becomes a power. Your local supermarket is a business, Walmart is close to being a Power, the RIAA is a power. What do I mean by that? You can easily shop somewhere else then your local supermarket, it has no control over you, if the local manager does something you don't like, it is easy to boycot him. It is far harder to get around Walmart. Or for the dutch, AH. If AH does something bad, you are soon faced with the problem that they own many other chain of supermarkets as well.

    The RIAA is even worse, in many cases they ARE music. The have become almost a legal power like the tax offices, they can collect their music tax for any music they like even if the original owner doesn't want them too. This would be roughly the same as the police ticketing people for driving to fast on private property (they can't and don't do this, this is why racetracks can operate).

    It is very hard to get around the various music copyright groups because no matter what music you listen too, they have been given control over it.

    But succesfull embargo's are legion, blacks boycotting businesses in america, the India rebellion against british rule etc etc.

    On a much small scale, there were temporary success against the fur trade. Against whaling and sealing.

    Embargo's work, even against semi-goverment organisations, but the "people" need a lot of will power to pull it off. Often the answer is that somebody equally powerfull takes up the fight, in recent years that have been popstars, who through their fame could pull the people into a single group to raise a voice. Bit of a pity that popstars and the RIAA are in the same bed eh?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Are you from the US of A? by Karthikkito · · Score: 5, Funny

      What about "+1 Whoosh"?