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PRS Demands License Fee To Play Music To Horses

An anonymous reader writes "A woman in Bushton, Wilts, has been told by the Performing Rights Society (PRS for Music) that she needs to pay an annual fee in order to play classical music from the radio to the horses in her stable, something that she has been doing for the past 20 years. The PRS claims that it's not about the horses — rather, it's about her staff of over two people, which puts Mrs. Greenway in the same category as shops, bars and cafes. 'The staff are not bothered whether they have the radio on or not, in fact they don't particularly like my music and turn if off when I'm not around,' said Mrs. Greenway, 62. 'Especially on windy days I try to play it — it gives [the horses] a nice quiet atmosphere, you can only exercise one horse at a time so it helps the others to stay calm. We are right next to the RAF Lyneham air base so it dulls the noise from the aircraft as well.'"

57 of 305 comments (clear)

  1. lolwut by RuBLed · · Score: 5, Insightful

    She is already tuning to a local Classic FM radio station, from what i had read she isnt even playing her own CD's, tapes etc.

    brb, I'm setting my radio now to max volume and pointing it at the street. Now if everyone would just do the same...

    1. Re:lolwut by TrancePhreak · · Score: 2, Insightful

      Yea, that sounds a lot like double-dipping to me... Since the radio already pays to play it there.

      --

      -]Phreak Out[-
    2. Re:lolwut by Anonymous Coward · · Score: 5, Interesting

      In some countries it doesn't matter what the source of the music is. CDs or Radio played at the workplace/shop/gym is counted as public performing and these lovely people want royalties from that, nevermind how miniscule the audience.

      It's kinda like the debacle in Finland a few years ago when the local music IP organization demanded that taxis start paying a radio play fee since radio during a fare "gives added value to the service". AFAIK ever since most taxi drivers in Finland just stopped playing the radio... Double dipping, or more like triple dipping. There really is not shame to these people.

    3. Re:lolwut by Anonymous Coward · · Score: 3, Informative

      In the case of classical music; the piece itself may no longer be subject to copyright, but the interpretation and any performances of it are. This is why many old classical pieces are not as freely available as you might think.
      Of course, the original copy is not subject to copyright, but musical notation has changed a lot in the last 200 years.

    4. Re:lolwut by the_womble · · Score: 2, Informative

      Playing a radio in these circumstances is a public performance under British law and she does need a license.

      However, given that it is being played for the benefit of the horses, I do wonder whether we will need to pay more for licenses to play music if our pets listen.

    5. Re:lolwut by AliasMarlowe · · Score: 2, Funny

      Playing a radio in these circumstances is a public performance under British law and she does need a license.

      She could just tell them that her staff are all deaf, and thus cannot hear the music. However, she would happily pay the public performance license if they can supply a sign-language version of their music.

      This assumes that the public performance license does not apply if the audience cannot hear it. But I'm not entirely sure this assumption is correct, alas.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    6. Re:lolwut by daveime · · Score: 4, Funny

      A sign language version would be an obvious "format shifting" violation, and then she'd have to pay even more money to the man, or risk some nonsensical IP law being applicable.

    7. Re:lolwut by rtb61 · · Score: 3, Interesting

      Easiest solution is to buy each employee a pocket radio. Greed to the point of insanity, if you many people listen to one radio pay fee, if each person listens to an individual radio no fee.

      --
      Chaos - everything, everywhere, everywhen
    8. Re:lolwut by mdwh2 · · Score: 2, Insightful

      I didn't realise that there were limits on where you can and can't play the radio to be honest. I figure if they're going to broadcast unencrypted radio signals through the air then it shouldn't be illegal to pick them up whether it's at a stables, in an office or at a building site.

      Indeed, especially since radio waves are a limited resource, and there'd be others who would love to fill the place if they had that privilege. It seems mad to me that we still crackdown on "pirate" radio stations (who are willing to publish for free), but then say that playing the radio of legitimate stations is also "piracy".

      Let's make the right to play radios (perhaps along with other fair use rights) a mandatory requirement of broadcasting on the air. If they don't like it, they can stop polluting our public airwaves, and make room for someone else.

  2. So stop... by KingSkippus · · Score: 5, Insightful

    She should simply stop. Get a buttload of dirt cheap CDs in the bargain basement bin for $0.99 each, or better yet, get a lot more stuff off a site such as Magnatune or an Internet radio station, and let the PRS rot in hell in total irrelevance. I think they've completely lost the concept that they need this woman, in actually having an avid listener, a hell of a lot more than she needs them.

    1. Re:So stop... by Jah-Wren+Ryel · · Score: 4, Informative

      She should simply stop. Get a buttload of dirt cheap CDs in the bargain basement bin for $0.99 each, or better yet, get a lot more stuff off a site such as Magnatune or an Internet radio station, and let the PRS rot in hell in total irrelevance.

      The issue is not radio versus personally owned copy. The PRS appears to be claiming that this is a public performance (see that PRS stands for Performing Rights Society). In which case it doesn't matter how the music is acquired, only that the way she is playing it in a way that she is not licensed for.

      --
      When information is power, privacy is freedom.
    2. Re:So stop... by Anonymous Coward · · Score: 2, Insightful

      It might not be enough. As others have pointed out, CDs may be taxed as well, as happens in some countries (the keywords being "public performance", regardless of the source of music).

      Even trying to play music licensed under Creative Commons or some such license may prove troublesome, as the PRS collects fees for all artists, even those that have opted out of it.

      Maybe if you could prove the music was CCed and from a foreign origin...? Quite troublesome as well. The point being, where does the madness stop?

    3. Re:So stop... by Reziac · · Score: 4, Insightful

      My solution would be (since the other reply is right -- your personal CDs are the same as a radio for lic. purposes) to find a radio station that played ONLY royalty-free music, and make sure everyone knew WHY I chose that.

      Tho the only one I can think of offhand plays decidedly unrestful music :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    4. Re:So stop... by Anonymous Coward · · Score: 2, Insightful

      The thing is that music you buy in stores is, legally, licensed (just like software). While there may be no EULAs, you still are only legally allowed to use the music for personal use. The line of legal uses is blurry (playing the music to your family is clearly legal; playing it in a for-profit business like a disco or selling copies of that CD to others is clearly illegal - if you want to do that, you have to negotiate a special license with the record studio). In other cases it's a gray area, and the case in question is one of those gray areas.

      The "internet radio" is legally questionable even by itself under present copyright laws as interpreted by those in power (heavily sponsored by record studios), and there's nothing to stop *AA from suing someone for using Internet radio in their "business" any differently than from using a CD.

      That of course doesn't mean that current copyright laws are a bunch of bullshit, and more things are illegal under it than you'd imagine (technically operating a library can be illegal under current copyright laws!). With media like film and music, however, record companies are much more aggressive at pursuing their interests, and since they have technical legal standing, they'll push the matter pretty much as far as they are able to, no matter how low they have to stoop. Hence this story. And last time I checked, telling a judge that "what I'm doing may be illegal but it's morally right" doesn't fly too well in court.

      Moralizing with these bastards is like moralizing with a poisonous viper that biting people is bad. You can't nice-talk them out of it, you have to pull their teeth.

      As time goes by, however, more and more people are affected by the death-grip of the record industry/associations/whatever on average people; it's not just about the guy in the basement pirating music anymore. Once the critical mass is accumulated, we should see some lobbying against the current laws, rather than just for them, and we may yet see some change. Won't hold my breath just yet, though.

    5. Re:So stop... by Chrisq · · Score: 4, Interesting

      She could always get royalty free music.

    6. Re:So stop... by eggz128 · · Score: 4, Interesting

      The only problem then is the hassle of convincing the PRS that such a thing as "Royalty Free Music" exists.

      From time to time when they telephone here I consider screwing with them... trying the royalty free line... but I always end up thinking better of it and just tell them (the truth!) that we don't play any music here.

    7. Re:So stop... by digitig · · Score: 2, Informative

      Tune her radio to the BBC. They paid the fee already, and as a tax payer, she is part owner of the BBC like every other citizen. Let the PRS sort it out with the BBC.

      The BBC pays its fee, I'm sure. But playing a BBC station where the public can hear it still counds as a public performance, so a further license is still needed.

      It can not be that you have to pay a fee to transit the material by radio, and also a fee to convert the radio to sound waves without it ALSO requiring a fee to convert the sound waves to ear-pressure changes.

      It could be the case, but you'll be glad to hear that it isn't. Only the first and third fees you describe are payable. There is no longer a license fee for possessing a radio receiver.

      --
      Quidnam Latine loqui modo coepi?
    8. Re:So stop... by Anonymous Coward · · Score: 5, Interesting

      They seem to be targeting all farms lately. Playing music to the cows when milking, playing music in the tractor, etc.,

      Don't open any of the letters.

      Get your phone on the TPS (telephone preference service) http://www.tpsonline.org.uk/tps/
      There is also ctps (corporate telephone preference service)

      If they phone report them! They can get fined up to £5,000 for each call. The more people who do this the better, as it will hit them in the pocket.

      They have a legal right to collect monies for their clients. Not to harrass you, or come onto your land without your permission.
      If they come onto your land they are Tresspassing!

  3. The horses are upset by this by Norsefire · · Score: 5, Funny

    As is evident by their long faces.

    1. Re:The horses are upset by this by Reason58 · · Score: 3, Funny

      The one on the left has complained so much about this that it is a little horse.

    2. Re:The horses are upset by this by JustOK · · Score: 2, Funny

      so, they'll have to help pony up the fees.

      --
      rewriting history since 2109
  4. Easy solution! by martin-boundary · · Score: 4, Funny

    She should tape a few hours of music from the radio, then play it backwards to the horses. That way, she's not playing any actual RIAA music to anybody, (and the horses probably won't understand the subliminal messages anyway).

    1. Re:Easy solution! by Z80xxc! · · Score: 5, Funny

      She's still playing the same music, she's just playing it backwards. Of course, that means the PRS has to be payed for the music backwards — and give her money.

  5. Re:Easy solution! - one big problem by Brett+Buck · · Score: 4, Funny

    They'll all be depressed when they think Paul is dead!

  6. Re:Isn't classical public domain? by ndogg · · Score: 3, Informative

    Copyright laws do distinguish between the work, and the performance thereof.

    --
    // file: mice.h
    #include "frickin_lasers.h"
  7. The real solution by Greymoon · · Score: 5, Funny

    Send £99 worth of horse shit to the PRS. Tit-for-tat.

    1. Re:The real solution by __aaclcg7560 · · Score: 2, Funny

      Only the horse and postman will know for sure.

  8. Re:Wilts isn't a country by Macthorpe · · Score: 2, Insightful

    Wilts is short for Wiltshire, which is in the UK. Let me Google that for you, just to confirm.

    It's fine to list a state or county in lieu of listing a country, when it's made clear elsewhere in the summary that this took place in the UK.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  9. They need to pay. by Ken+Broadfoot · · Score: 4, Funny

    I, for one, think the horses should pony up and pay. Musicians need the cash.

    --
    Bitcoin pyramid: Join here: http://www.bitcoinpyramid.com/r/1427 it's FREE!
    1. Re:They need to pay. by g2devi · · Score: 5, Funny

      Sorry, I didn't want to stirrup any trouble.

      While I agree Musicians need a stable income, should animals be saddled with such debt? What should our mane priority be as a society? Answering that question, is our first hurdle.

  10. Easy solution. by feepness · · Score: 5, Funny

    Horse headphones.

  11. Re:Easy solution! - one big problem by Farmer+Tim · · Score: 2, Funny

    Not if you play them his last four albums.

    --
    Blank until /. makes another boneheaded UI decision.
  12. Re:Easy solution! - one big problem by Brett+Buck · · Score: 2, Funny

    Not if you play them his last four albums.

      Right - then they will be sure.

  13. OK by TRRosen · · Score: 4, Funny

    Lets just all agree to pretend that Britain doesn't exist.

    1. Re:OK by T+Murphy · · Score: 2, Funny

      Pretend?

  14. Easier solution. by tagno25 · · Score: 2, Insightful

    Ear plugs for ALL humans within shouting distance of the barn

  15. play public domain music by greatpatton · · Score: 5, Informative

    There is more than enough public domain classical music (remember that in Europe it's only 50 years for performers). So find some Mozart recorded more than 50 years and tell them to go to hell.

    1. Re:play public domain music by ciderVisor · · Score: 2, Interesting

      I wonder what they'd make of musical wind sculptures in the garden of your workplace ?

      --
      Squirrel!
    2. Re:play public domain music by tomatensaft · · Score: 2, Interesting

      Hey, where can I sign up to open another "Performance Rights Agency" and collect royalties for any copyrighted material over there? =) Sounds like a great business plan: just go around collecting royalties and pay yourself a nice hefty salary. Pay a couple of cents for artists that happen to ask for a cut of those royalties. :)

      What's so special about that PRC, that entitles them to do that on behalf on all artists? Why can't a man from the street start his own agency?..

  16. backwards going we are? by nicc777 · · Score: 2, Insightful

    This is insane! It's like we are going back to the dark ages...

    I just can't imagine that there are people sitting some where in a room that can actually think of ways like this to milk innocent people for more money.

    Ah - and now you will tell me that the devil made them do it - and for once we all might agree on /. :-)

    --
    Need an ISP in South Africa?
  17. Re:Wilts isn't a country by Anonymous Coward · · Score: 5, Funny

    Hello, I'm the original submitter. Sorry I didn't think of adding UK after Wilts. I thought people would figure out from the insanity of the story that these were the British we were talking about.

  18. What won't the PRS do? by Asztal_ · · Score: 4, Informative

    Let's not forget the time the PRS sued the police! This is all getting rather silly.

  19. In Holland it's even worse by Farenji · · Score: 5, Interesting

    I have a business at my home with me being the only employer. But I received a letter from the SENA (equivalent of PRS) stating that I need to pay for music played in my own home, for my ears only. The letter showed 2 options: "1. I don't play music at all" and "2. I do play music, please send me a check". I missed the option "3. I have a private business in my home without any personnel so I can play any music I like for free, sod off". I complained about that and after a few months and several letters, I got the answer: "you're right sir, but most people pay anyway!" We're talking about 90 Euro each year minimum.

    Please note that this SENA is backed by the government. It's a crooked world.

    1. Re:In Holland it's even worse by Ronald+Dumsfeld · · Score: 5, Insightful

      ...I received a letter from the SENA (equivalent of PRS) stating that I need to pay for music played in my own home, for my ears only.

      Same shit applies in most European countries - seen it in Belgium. The irony of the case I saw, was it was a Thai supermarket - they only played music off imported Thai CDs. Do you think any of the original artists get a cent from this collection body?

      No, neither do I.

      --
      Where's the Kaboom?
      There's supposed to be an Earth-shattering Kaboom.
    2. Re:In Holland it's even worse by Halo1 · · Score: 2, Informative

      For Dutch people: look here for a short FAQ regarding what to do about these letters (summary: ignore them, they're misleading and baseless if you just play music for yourself).

      --
      Donate free food here
    3. Re:In Holland it's even worse by jimicus · · Score: 2, Informative

      If there is legal backing for at least some of the money they take, it suddenly becomes a lot harder to convince anyone in authority that it is an orchestrated fraud rather than a mistake.

      Or, to put it another way, you have to make a lot of mistakes before anyone will suspect foul play.

  20. Re:Solution by PHPfanboy · · Score: 3, Funny

    It might not be that big, but compared to the falling CD market, it's stable

    --
    29 mpg. YMMV.
  21. Don't tell the PRS by Chrisq · · Score: 3, Interesting

    But I play music for the dogs on Guy Fawkes night. The music distracts them from the sound of the fireworks. It would never have occurred to me that this could be a "public performance".

  22. Double dipping by Alioth · · Score: 2, Interesting

    The thing that really annoys me about this is that the PRS wants you to pay for listening to publically-broadcast radio. The radio station has *already* paid the PRS, so this is double dipping. The PRS, incidentally, also wants you to pay if you listen to *talk* radio.

  23. We need an LRS by dontmakemethink · · Score: 5, Interesting

    We need a Listener's Rights Society, where we can be compensated for hearing music we DON'T want to hear. Think about it, how many times do you hear an awful song in a situation where you can't turn it off? And they want royalties for that?!

    --

    War as we knew it was obsolete
    Nothing could beat complete denial
    - Emily Haines
  24. omfgponies! by Anonymous Coward · · Score: 2, Funny

    so who ratted her out?
    the PONYS?!??!?!

    1. Re:omfgponies! by eXonyte · · Score: 2, Funny

      Ugh. What a bunch of asses!

    2. Re:omfgponies! by Critical+Facilities · · Score: 2, Funny
      Nah, it was those pikeys. From TFA:

      An American harpist reported that her music helped calm sick digs at a Florida vet's clinic and one online retailer sells specially selected CDs for cats.

      Excerpt from "Snatch" for reference:

      - Is the big fella not coming with us?
      - He's minding the car.
      - What does he think we are, thieves?
      - No, nothing like that.
      - He just likes looking after cars.
      - Good dags. Do you like dags?
      - Dags? - What?
      - Yeah, dags. - Dags. You like dags?
      Oh, dogs. Sure, I like dags.
      - I like caravans more.
      - You're very welcome.

      Pikeys are well-known for their skills of negotiation in business. It's probably why they talk like that... ... so you can't follow what's being said.

  25. Re:Multiple Radios? by reiisi · · Score: 2, Interesting

    Different stations, with earplugs.

    If only one person is listening to each radio, it's not a public performance any more.

    And the stuff can listen to what they like, since they really don't like the classical. (Although, she would then have problems with some staff playing head-banger music loud enough to spook the horses through the plugs.)

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  26. Re:Bring it on... by digitig · · Score: 3, Insightful

    Sure, they could send an army of lawyers and bailiffs after her, but all she has to do in court is say she's unable to pay, and that will pretty much be that.

    Considering it's "her stable" she may have difficulty showing that she doesn't have the assets to pay the fine or for the license that she will still need. If the ordinary small business can't cover its liabilities then it goes bankrupt and the creditors take its assets (it has to be a really big business before the government steps in and gives the failed business its creditors assets).

    As others have pointed out, it's nothing to do with playing the music to the horses and everything to do with other members of staff being able to hear it. That needs a licence in England and Wales (don't know about Scotland). So scrub the stuff about horses; all this story is is "You need a licence to play a radio in an English workplace", which we don't like (although at least we no longer need a licence to operate a radio receiver anywhere) but isn't news.

    --
    Quidnam Latine loqui modo coepi?
  27. Re:Solution by ciderVisor · · Score: 3, Funny

    How big could the stable music market possibly be?

    You'd be surprised. It's the next biggest market after house music and garage music.

    --
    Squirrel!
  28. Re:Wilts isn't a country by digitig · · Score: 5, Informative

    It also raises the question of whether you should write England or UK. I was taught to write England as a child, but UK seems to be common these days.

    "England" and "UK" are different things. And "Great Britain" is different again. The most general designation is "UK", or, to give it its full designation, "The United Kingdom of Great Britain and Northern Ireland", from which you'll be able to work out that "UK" includes Northern Ireland, "Great Britain" is the rest of the country. Great Britain is, in turn made up of England, Scotland and Wales. Calling somebody from Scotland "English" is likely to go down about as well as calling somebody from the deep south of the USA a "Yankee".

    England and Wales have a common legal system; Scotland and Northern Ireland each has its own legal system. So when talking about legal matters, it's best to be specific and say "England", "Scotland" or whatever. When referring to the country, it's "UK". The term "Great Britain" seems only to exist to piss off the Irish, as, for instance, when we refer to our Olympic team as "Team GB" thereby ignoring the Northern Irish contribution.

    --
    Quidnam Latine loqui modo coepi?