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Hairdresser hit with £1,500 bill
Neil Hull had bought a Performing Rights Society (PRS) licence... however, the relatively unknown Phonographic Performance Ltd (PPL) took him to court because, unbeknown to Neil, he needed a licence from IT, too
A hairdresser has been hit with a £1,500 bill for having a radio on while giving customers a trim.
A High Court judge banned the House of Hair and Beauty in Friargate, Preston, from playing music after a copyright body went to court over a licence issue.
Manager Neil Hull had bought a music licence from music royalties body, the Performing Rights Society (PRS), which he believed allowed him to play pop music in public.
However, a SECOND royalties collector, the Phonographic Performance Ltd (PPL), told a court that he needed a further music licence from IT to put the radio or CDs on.
Unbeknown to Neil, the PRS licence only covers the copyright for songwriters, while the PPL licence covers copyright for performers and record companies.
An inspector called at House of Hair and Beauty in June last year and heard tracks by groups including Kasabian, the Black Eyed Peas and Kaiser Chiefs being played on a radio.
The PPL took court action against the salon after sending warning letters. Neil has now been left with a legal costs bill of £1,569. A letter sent by PPL’s solicitors warns that he could be in contempt of court if he breaks the ban on music.
Neil, who did not attend the court hearing in London, said he had not even heard of PPL before the incident.
He said: “We have got a PRS licence. They said this is not PRS, it’s someone else. It’s like paying for everything twice. At the end of the day, they can charge whatever they want. We have no say in it.”
Lancashire police also fell foul of music copyright laws last year when they became locked in a legal wrangle with the PRS over using radios in police stations.
The PRS applied for an injunction against Chief Constable Steve Finnigan to ban the force playing music and wanted to claim damages for copyright infringement.
However, the force paid for a licence before the case reached the High Court.
Chris Rigby, the owner of Preston Model Centre in Ashton, was also threatened with legal action by the PRS in 2008 when he had a radio on in the background of his shop, where he employs just two other staff.
Mr Rigby said: “I have never heard of PPL. This sounds like another group of people who are there to take money off Joe Public. It’s like jobs for the boys.”
Both PRS and PPL licences cost in the region of £200, depending on how many people will listen to the music played.
Money collected goes towards songwriters, artists and record companies.
A PPL spokesman said: “It is a legal requirement for any business that plays recorded music in public to have a PPL licence. PPL takes infringement of its members’ copyright very seriously and we will take the necessary action to protect our members’ rights.
“PPL is separate from PRS for Music, which collects a licence fee on behalf of composers and music publishers.”
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Comments
There are 30 comments to this article
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frostystart
Saturday, November 6, 2010 at 01:39 PMHi Steve We provide music and entertainment using unsigned bands and artists, a legitimate alternative for businesses that require background music but don’t wish to pay the exorbitant PRS and PPL license fees. Please have a listen to a snap shot of our music at the website www.rfmradio.co.uk We have just launched a standalone music playerspeaker for just £49.99 which includes 4 hours of dj presented music and more music for just £29.99 it is this that we thought you might like to offer your customers as it is ideal for use in small to medium size retail outlets. Thank you for your time and please ask any questions you may have. Contact Name: Colin Wilkinson Role: Head of Marketing Company: RFMRadio.co.uk Contact E-mail: marketing@rfmradio.co.uk Contact Phone: 07961 531868 – 07590 549933 Company Website: www.rfmradio.co.uk "Quality without Compromise"
postreader
Sunday, July 11, 2010 at 08:42 PMAs part of the TV licence goes to PPL and PRS, and the radio stations have to pay a copyright fee to them to play records, why do businesses have to pay again? Is it to help Sir Cliff. Sir Elton. Sir Paul. and the staff at PPL and PRS to live in comfort? While we all have to pay the businesses extra, to cover the cost to them, no wonder businesses are struggling and going bust. postreader
bignorm
Friday, July 9, 2010 at 12:35 AMwierd world we live in, the following have all been heard in court recently, people using noisey lawn movers on a sunday afternoon (disturbing the peace) that one was in the south east, using a barbeque without informing neighbours (causing a nuisance) that was in the lincoln area, dog barking at intruders (environmental health violation) that was in the midlands, but the prize has to be in the leafy suberbs of Herefordshire, driver prosecuted for disturbing the peace, how did he disturb the peace, he started his car at 5.30am to go to work for a 6am start at a local supermarket. i for one do despair at what will happen if i am reported for using my computer after midnight, we must start to get real
sandgrownunkiwi
Thursday, July 8, 2010 at 10:57 PMThe country has gone stark, staring mad. If a person wherever they are, listens to the radio to keep themselves occupied and is then billed for unpaid royalties. What right have these people to claim unpaid 'royalties. The radio stations playing the music have already paid royalties to be able to broadcast the music. Where does it stop, as others have said, a bill for listening to the radio in your car. People need to take a stand against such commercialism and the courts need to use some of the common sense they were born with when dealing with such cases.
Diesel10
Thursday, July 8, 2010 at 01:54 PMIs this why some shops play mediocre cover versions of popular songs rather than the original then? Maybe he could do that instead - theres probably just a one off fee for the CD. I'm so out of touch - that probably isn't right is it? Totally agree with the person who said just don't play anyway music - I too find it irriating but then again I'm just a grump maybe most people enjoy jiving in the aisles.
laffalot
Thursday, July 8, 2010 at 01:23 AMYup, the whole fekkin country & immoral laws stink!! Worse thing is that we're powerless to do owt about it!! Air your views about it too loudly & you'll end up in court alongside the hairdresser!!!!
AdoptedByPreston
Thursday, July 8, 2010 at 12:24 AM@old80y Sorry to break it but these guys would want money even if he had spotify playing in his shop! CDs he bought, the radio, a talk radio station that might play jingles.... they've got it all! I wish I could blame this on the government but these are private companies going after the money, they were given the right to do so by law many decades ago and I think the whole thing stinks!
old8oy
Wednesday, July 7, 2010 at 10:09 PMHe should just play music through Spotify, and there's no need to pay licences.----What is the law regarding playing music at work, then? Why don't they fine van drivers for broadcasting loud music to the general public when at traffic lights, with their windows rolled down? This nanny-state, with fines for farting, makes me sick.
balders
Wednesday, July 7, 2010 at 05:59 PMUp with illegal downloads.......
Crag
Wednesday, July 7, 2010 at 05:17 PMNext time my TV licence is due, can I say sorry, I've already paid Sky, then refuse to pay? No, of course not. This guy should have paid up, especially once he started getting legal letters. He must have thought if he ignored them, they would go away. Refusing to pay is unfair on his competitors who presumably pay all their licences and taxes when told to do so.
Geodor
Wednesday, July 7, 2010 at 09:49 AMI sypathies with the busines man for being fined for playing music in his hair salon allegedly without a music licence. But allow me to advise busineses. We members of the public have never asked for music to be played whilst we wait to be served.We can well do without it. In fact it is becoming irritating. Now some banks are starting to play music dilliberatly to calm customers down whilst you wait even longer to be served. I would love to see shops and busineses stop playing music and hit the musicians where it hurts in the pocket. Whos that pop singer who came on TV a few years ago and shouted "I am rich beyond my wildest dreams",how I would love to see these people less richer.
jonh
Tuesday, July 6, 2010 at 07:47 PMThe moral of the story? In Preston, playing a radio where the public can hear is a bigger crime than speeding! 25 time bigger in fact! LOL!!! I suppose a speeding fine doesn't support druggies!
Preston lass
Tuesday, July 6, 2010 at 07:36 PMSurely the music was played for the benefit of private customers who had booked previously, and not for members of the public?
DT100
Tuesday, July 6, 2010 at 06:59 PMPRS and PPL are parasites, and the copyright law is ridiculous. Rock FM or whatever station he had on will already have paid a ton of money to these people for a blanket licence to play music, and the BBC have to pay per song played. It's absolutely crazy the end user has to pay AGAIN for something that's already been paid for.
im a pc
Tuesday, July 6, 2010 at 06:29 PMWHAT has the world come to ? how many times do you hear of shoplifters,vandals,no insurance drivers etc in the news in brief that have actually commited crimes and recieved a fine around £200 and a slapped wrists. Do me a favour, this poor bloke is earning an honest living and he gets stung with a £1500 fine!!!!! im sorry but thats ridiculous, i mean how can this be right, there is no justice in the world for hardworking citizens.
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