The Gazette 1992

GAZETTE

JULY/AUGUST 1992

Performing Rights - The Pr i ce of Pl easure

by Michael Tyrrell

radio and TV stations and cable operators who are liable for these charges. Collection Societies - Performing Right Society Limited and Irish Music Rights Organisation Limited From a practical viewpoint, it would of course be impossible for individual composers to, firstly, know where his or her works are being performed worldwide and, secondly, it would be impossible for them to visit every premises which might be playing music in order to seek a royalty. Because of this impossible situation, collection societies have been formed in most countries worldwide whose function is to administer the composers rights and to collect royalties for them. In England the organisation is called the Performing Right Society Limited (PRS) and in Ireland it is called the Irish Music Rights Organisation Limited (IMRO). Until recently, the PRS also administered composers' rights in Ireland but in 1989 it granted a licence for the administration of those rights to IMRO. IMRO employs various function is to tour the country on a continuous basis inspecting premises and in any premises in which music is found to be playing, other than, of course, private dwelling houses, the occupier of those premises will be advised of the requirement to pay royalties for the use of that music and they will be requested to enter into a licence agreement with IMRO under which a standard annual fee will be fixed. These fees will vary depending on the nature of the premises and the type of personnel, including licensing inspectors and agents, whose entertainment. There are fixed tariffs in being in respect of various types of premises. The majority of the larger users of music are aware of their obligations to the composers of the music and IMRO and will

Introduction

" I f music be the food of love - play on" but don't forget to pay the royalties. This classic, and now clicked, line from 12th Night by Shakespeare is a reflection of the importance of music even in those days as a source of pleasure. It is generally acknowledged that music is probably the most internationally recognised language of our times. Ironically, popstars and musicians are probably better known worldwide than the majority of international statesmen. The average person takes music entirely for granted and considers it a part of everyday life. This concept of music appears to be broadly accepted by the ordinary listener but has also spread into the business sphere. Every day we listen to music in some shape or form on the radio, on the television, in shops and supermarkets, in the cinema, at concerts, in the hairdressers and often at places of work such as factories and canteens. What is not readily appreciated is that some person composed that music. The persons who wrote the lyrics and the music own the copyright in their work. Copyright is a property right and if that work is to be used by other people then it must be paid for. This is only logical. Radio and TV stations which will acquire a large percentage of their audience from the nature and quality of their broadcasts will be heavily dependent on being able to use musical works which they consider will be attractive to their audiences in order to enhance that audience rating. Broadcasters such as RTE, 98FM Music - A Property Right

Michael Tyrrell and Rock 104 must pay royalties accordingly to the composers for permission to use their works in the broadcast of their programme. In the same way, if, for example, a boutique selling modern gear is looking to attract a certain type of customer it may decide to play rock music in the shop, probably by way of cassette recorder. The shop is using the music to assist in the sale of its goods. The music will attract customers who will listen to it. A royalty must be paid by the occupier of the shop i.e. the music user, to the composers of the music. A factory which broadcasts radio programmes over the floor with a musical content are utilising the work of the composers of that music to their own advantage and the factory must pay royalties to the composer. The same applies to pubs and supermarkets playing background music. There are so many examples of where royalties are dut to composers for the use of their music that it is probably not exaggerating to state that other than for circumstances in which a person listens to music privately for his or her benefit and in certain charitable instances, royalties are due. It is not only the large enterprises such as the

235