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GAZETTE
JULY/AUGUST 1992
Performing Rights -
The Pr i ce of Pl easure
by Michael Tyrrell
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.
Music - A Property Right
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
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
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
personnel, including licensing
inspectors and agents, whose
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
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
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