Author: Hal

PRSformusic Respond to Parliamentary Questions, PRS complaints, Keep Music Free

Hal

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmcumeds/memo/futureformedia/uc5602.htm

Well, it seems to me that PRSformusic have failed to answer the questions asked in a clear manner, evading the essence of the question. It also seems that they may have mislead people in the answers they gave. I’ll happily stand up and be counted here – they *DID NOT* send a letter to my business before phoning up:

Before we call any business, as part of a licensing campaign, we always send a letter. Our letters explain clearly who we are, whom we represent and the licensing requirement. A typical licensing letter to prospective customers is attached as Appendix A.

And when they did call us, they *WERE* aggressive, suggesting most strongly that we would need a license come what may. Failure to purchase a license would result in action being taken against us. They did not enquire whether or not we listened to music, but asked whether we were aware that by listening to music in the workplace we were obliged to buy a license. Only later in the call did they bother to ask if we actually listened to music.

On the notion of double taxation (note, the question held the phrase in quotes, implying it was not a specific phrase, but a colloquialism):

Secondly, there is certainly no ‘double-charging’ when we license workplaces for the use of music, made by any means including radios. Copyright is a bundle of rights including copying, communication to the public (broadcast) and public performance. These rights are usually licensed separately, with a separate licence fee. To suggest there is ‘double-charging’ undermines the entire basis of the bundle of rights defined in the statutory framework.

So – evading the essence of the question, lets point out that it isn’t a tax. Where do PRSformusic state that they DO NOT collect money from radio stations for broadcasting copyright music? No… I didn’t see it either. So we are left wondering whether they collect from the station AND from the listener… a double collection if you will – a double ‘tax’ on listening to music.

On the question whether their activities have had any effect on reducing the number of people who now listen to music in the workplace:

There appear to be many reasons why commercial radio audiences have declined but we are not aware of any data or analysis that suggested that workplace public performance licences are an issue. Indeed, we have not found any published research on declining radio audiences which cites our licences as a factor.

I will say this again and again and again – it is *PRECISELY* because of your activities, PRSformusic, and the heavy handed way in which you are interpreting and applying the rules as you describe them, that has stopped me from listening to music at work. Period. I attribute this entirely to you, and your activities alone. It’s all very well quoting how good it is for people to listen to music whilst they work, but to encourage them and then charge them for the privilege is tantamount to obscenity, in my opinion. So as far as research goes, yours isn’t very good. There is at least one instance where your activities have reduced the amount of music in the workplace. I would guess there are many, many more examples. On the other hand, I bet there are untold numbers of plumbers, painters, chippies, sparks and other tradesmen who couldn’t give a flying one for your license fee… and still listen to music as they happily go about their otherwise very law abiding ways.

BBC Essex News Imagery

Hal

So the UK is in a big freezer compartment right now, and everywhere is pretty much covered with various levels of snow. As usual, the entire country grinds to a halt, when other countries, more regularly doused in the white stuff, seem to cope admirably well. I guess we’re just not used to inclement weather here in this maritime climate.

All the more fun then when I found an entire road almost abandoned and had the presence of mind to stand and admire the scenery with my trusty Panasonic Lumix camera. In truth, this sign is but yards from my front door – well, I couldn’t go out very far… it was snowing, y’know.

A quick snap later, and I thought I’d send it off to the BBC picture galleries. I was pleasantly surprised to learn shortly after that the picture was to be used as a main leader on the BBC Essex news website. It clearly made others chuckle as well as me, then.

January 2010 was chilly - welcome to Essex
January 2010 was chilly - welcome to Essex

And as it appeared on the BBC Essex News website:

Welcome to Essex, as seen online
Welcome to Essex, as seen online

PRSformusic.com, license required to listen to music, radio is not free anymore

Hal

As daft as it sounds, we all need to think about how, when and where we listen to music. If we listen to it in such a way that others can hear what we are listening to, and if we do so at work we need to buy a license. Apparently.

I was telephoned recently by PRSformusic, who were rather aggressively telling me that if we listen to the radio or any other source of music in the workplace, we need a license from them. The cost of that license would be calculated on the number of employees, the number of rooms within the workplace where music is played, and the number of half hourly slots the music is played for in the day. I could hardly believe my ears, so I asked for their web address and further information. Here it is: prsformusic.com

So why are we being hounded like this? Apparently, it’s all to do with paying the artists who created the music the right amount of money each time their work is played. I’m all for that, and don’t condone music piracy at all (something to do with once being in some bands) but I got to thinking that this is actually a pretty bad idea. here’s where my thoughts went…

Firstly, I’m listening to radio – the radio station pay a fee for playing the music to their listeners, and they estimate the likely number of those. I happen to be one, along with my work colleagues. Thus, if we listen together at work, the relevant dues have been paid, haven’t they? Why should we now pay again to hear the music the radio station is broadcasting?

Secondly, what if we were out for the day in a park, with a radio and a  football and having some social time as a group? This would also count as listening to music and so a fee would be payable.

Thirdly, what if music is from an internet streamed service… same thing applies, apparently. In fact, the only time it doesn’t is if we listen to music through headphones in private and don’t allow others to hear what we are hearing. So that means we can’t share the enjoyment, I guess. Which puts me in a tricky position – as an employer, if I find an employee listening to music through headphones and I can hear the music too (i.e. they play it loud enough) then I am responsible for paying a license fee. The natural end result of this is I ban music in the workplace, during working hours and everything.

Eventually, I can imagine this will reduce the amount of listening to radio stations and thus audiences will shrink. Ultimately, people won’t hear the new releases and won’t go out and buy the music. How excruciating that would be for the struggling artists! Ultimately, with no outlets (as radio stations close) they have no audiences.

However, listening at home is fine, as long as you are not having a party. And I guess as long as your neighbours can’t overhear you -if you’ve got noisy neighbours playing music, report them to prsformusic rather than environmental health. They’ll extract a license fee to end all that shenanigans!

And what happens if you play in a band and do covers of well known music – does the band have to pay a royalty now?

All in all I can’t help but think this is utter nonsense, completely self-defeating and the biggest load of rubbish yet to come out of any legislation ever. Since records began (pun intended) people have shared their music by playing it for friends, or recording it and passing the record on as a gift. I guess that won’t be allowed now either! Parks are full of people playing music and enjoying themselves. Countless painters and decorators, builders and other tradesmen, factory workers and workshops run all day listening to the radio. It has been a way of life for literally decades. At the birth of radio families and groups of people would gather around the ‘wireless’ to enjoy a tune or two. You’ve only got to watch ‘The Boat that Rocked’ to understand the culture of this.

The only possible solution is for us all to create a track of two using Garageband or anything that allows us to make a tune, register en masse as creators with prsformusic and then sit back and wait for the royalties to come in from them. I rather doubt they will, somehow. Would be good if everyone in the UK did this, (and in any country around the world) as I would think the result would simply be to overwhelm the company. Who don’t appear to be anything more than a group of people who are exploiting copyright law and have maneuvered themselves into a rather too powerful position. It’s not even a government tax (which would have been less of a surprise).

So prsformusic, for being the most aggressive and short sighted company, stripping your fees out of those you purport to pass on to the artists and generally being complete and utter kill-joy bastards to those who live life whilst enjoying the music that has been so freely available for so long, you get today’s ignominious award for the biggest contribution to the death of music. I’d love to see this challenged in a court of law… any decent barristers out there want to take this one on?

Oh… prsformusic, we don’t play the radio at work anyway. Honest.

Ryan Air, hidden flight charges, economy air travel

Hal

Tonight I watched another programme which tore into Ryan Air and gave them a hard time over their pricing policies. Having travelled with Ryan Air more than a few times, and been subjected to their particular brand of in-flight care, I would have to say that there are definite areas for improvement in the servicdes they provide. I am not a staunch supporter.

However, I can say that I was fully aware of that each time I have booked, and the fact I re-booked goes to show that I accept their policies and terms of service.

I would say leave Ryan Air alone. They are still cheap, and you know what you are going to get well in advance. You know for a fact they will charge you heavily for food in flight, for carrying baggage, for making changes to your bookings, for turning up late, for turning up early… for turning up at all!

Despite this, you have the option of booking with them, or not. This seems like a definite case of not reading the small print… if Ryan Air were hiding these facts from you (and yes, I agree that their web site is complex and not particularly user friendly), then you would have cause to complain. But because Ryan Air are so up front with all of it, and you know in advance this is what it is about, then book the flight with them if you accept the terms they offer. If not, pay more and go elsewhere to get your flying sorted.

City College Norwich FE Awards

Hal

Last night I was at the FE Awards ceremony run by City College Norwich to celebrate the achievements of the young people going through college.

This sort of awards cerony generally happens at university graduations, and I’ve never seen a ‘FE’ version until now. Even better, Cleveratom were one of dozens of companies sponsoring the awards, so I got to stand up and present a trophy, certificate and small cheque to a couple of students.

The event was excellent! Well organised and run and cheery in just about every way! It was held at the Forum (nibbles and dinner) and St. Peter Mancroft church just opposite. It was a delightful feeling to see the look of joy on the young people’s faces as they collected their awards, and to know that Cleveratom played just a tiny part in it all.

We sponsored two awards, and next year I would hope we sponsor more, but I am reliably informed that we can’t do more than three, no matter how much we want to!

Well done to Harry Greiner – an admirable Master of Ceremonies, who had to keep on top of just who was collecting the awards as many students couldn’t make it and were represented variously by families or members of the students’ union. A quick handshake for all was followed by a few rapid photographs – a copy of which I should get to put on the office wall. I can’t wait!

Pictures show the ceremonies inside St Peter Mancroft, and the evening at the Forum. What I didn’t get a picture of was the dance group from the college performing at the Forum, or the Norwich Youth for Christ Gospel Choir, who performed flawlessly.