music for in-house video only

'Is it legal', 'can I do this' type questions and discussions.
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PALINURUS
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music for in-house video only

Post by PALINURUS » Thu May 26, 2016 5:02 pm

I thought I had a basic understanding of where prs and mcps applied but I have a hybrid problem I am not sure about.
I teach film and media production and I have a student who has been asked by the pub where they have a part time job to make a promotional video for them.
This film would only play on the internal TVs in the pub - it would not be published or broadcast anywhere else - including online.
The film will include music which is part of the depiction of the normal activity in the pub.
Is this covered by the pub's PRS licence?
Does the re-use of some music in a different form - because it is part of the background soundtrack of the film - require different licensing?

Any opinions would be welcome.

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AndyJ
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Post by AndyJ » Thu May 26, 2016 8:29 pm

Hi PALINURUS,
If I have understood your question correctly the only music which will be audible in the promotional video is music that would be playing in the background during recording, and there will be no separate music track. If this is the case then any PRS and PPL licences the pub already holds will cover the original use of the music, and anything captured in the soundtrack on the video should be covered by the incidental inclusion exception under section 31 of the Copyright Designs and Patents Act.

If however there is to be a continuous music track - that is to say the music is not cut with each video edit - then the video is likely to need a separate licence to cover the music being used in it. I don't think the standard PRS/PPL licences for a pub would cover this, because it would fall within the audio visual usage classification.

Although you say the video will not be published or broadcast, by showing it on their internal TV system the pub would be making it available to the public which amounts to much the same thing. So both a PRS and a PPL licence would be required for anything which is included which cannot fairly be described as incidental inclusion.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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