UK Amends Copyright Law For Non-Profit Organizations

by Robin Pilgrim, LawAndTax-News.com, London

19 November 2009

The UK government has announced its response to the consultation on changes to exemptions for charitable and not-for-profit ("third sector") organizations in relation to licenses required for the public playing of sound recordings and broadcast music.

The changes involve repealing existing exemptions in an attempt to simplify the law and help greater understanding of the rights of music users and those who own the copyright.

Following the consultation, Phonographic Performance Limited (PPL), the collecting society whose members this affects, has agreed a number of initiatives, working with PRS for Music, an amalgamation of two royalty collection societies, to help third sector organizations that will require PPL licenses when the repeals take effect next year.

The key initiatives are:

• A new joint licensing scheme: this aims to simplify the process for a third sector organization obtaining a license for playing sound recordings and broadcast music. This is designed to cut down on administration costs for both users and collecting societies.
• A code of practice and independent complaints mechanism: with PRS for Music already having implemented this in July 2009, PPL will also develop a code of practice linked to an independent complaints reviewer.
• PPL consulting third sector organizations with the Community Sector Law Monitoring Group to agree affordable tariffs.

Currently, the Copyright Designs and Patents Act 1988 and related exemptions in Schedule 2 of the Act exempt charitable groups and not-for-profit organizations from the requirement to obtain a license for the use of copyright sound recordings and performers’ rights when playing recorded music and music contained in broadcasts in public in certain circumstances. The amendments are scheduled to be implemented in April 2010.

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