PRS payment special cases

You might not need to pay a performance fee if the work being performed is not published, and the composer of the piece of music is not a member of PRS for Music or any of its affiliated societies. However you would still need the permission of the copyright holder and they may charge a fee to give this.

This may be a particular relevance to groups performing compositions by a Music Director who does not compose music on a regular basis, and who may have composed a piece of music specifically for his or her choir “as a one off”.  However, it is within the right of the composer to demand a direct performance royalty if their works are to be performed.

PRS for Music only looks after royalty payments for performances within the UK. If you are going on a tour outside the UK then you will have to sort out performing rights with the corresponding performing rights body in each country you visit.

Unfortunately the rules vary from country to country so it is hard to give guidance. Often specialist music touring travel agencies will help you take care of the performing rights. You can find details of the various bodies for different countries on the PRS website.

If you are performing at a school as part of the school activities where the entirety of any profits goes back into the school –royalties will be covered by the school’s licence.

If you are hiring a school venue as a 3rd party you will need to pay royalties yourselves, via Making Music.

PRS for Music does not control the licensing for music from dramatico-musical works (a theatrical show which has music specially written for it, including operas, musicals, ballet and some pantomimes and revues). 

The rights for dramatico-musical works (known as Grand Rights) are normally controlled by the publisher of the work and you have to pay them directly.  

However it depends on how much of the work you are performing and how:

• A good general rule is that if you are performing a dramatico-musical work with a staged or semi-staged element you will need to obtain Grand Rights from the publisher.
• If you are performing an extract of a work without any staging (e.g. a song from a musical as part of your programme) then it will be licenced by PRS for Music in the usual way. 

A staged or semi-staged performance is one that involves some performance beyond the music that is suggestive of the work - for example costume, characterisation, scenery, props or choreography.  A performer wearing a mask while singing a song from The Phantom of the Opera would count as semi-staged. Some simple choreography such as finger clicking, a change in stance or arm movements would not count.

If you are performing music from a dramatico-musical work we suggest you read our Grand Rights guidance. 

Some community buildings (village halls etc.) may have a Community Building licence. Where they do your performance will be covered by their licence. It is a flat fee annual licence based on the community building’s annual income. Some community buildings pass this onto hirers – others do not.  When they do it is generally as a flat fee as part of the hire agreement rather than as a percentage of box office sales (as with other venue licences). We have heard of some community buildings charging a fee when the music being performed is not in copyright. There is nothing to stop them doing this – but you can try speaking with them and explaining the situation. Community buildings do not have to report on repertoire performed so may not ask for programme details – if they do not you can contact us instead.

• A large church that holds lots of concerts will normally have their own venue licence with PRS - basically exactly the same as the licensed venues described above.
• However, smaller churches that don’t hold many performances may have a CCLI agreement:
  • This covers music for all their acts of worship plus 6 additional performances.
  • The 6 additional performances only covers performances organised by the church or a group associated with a church. This means that if your group is hiring a church as a venue you cannot perform under their CCLI licence - but can pay through Making Music as above.
• Church halls are slightly more complicated:
  • If the Church hall is physically joined to the church and used mostly for the congregation, it would be included under the church’s venue licence or CCLI agreement.
  • If it is a separate hall mostly used for secular activities then the church hall would need a separate licence or you might have to pay royalties through us.
• If you are performing at a church or church hall you should ask about PRS and CCLI at the time of booking and make sure you know what the situation is.
• Finally, music used as part of worship/church ceremonies is exempt from royalties.

Our royalty fee collection scheme with PRS for Music does not cover festivals. We do not anticipate that this will affect many groups but if you are a festival, it is important that you read the information below:

First of all – are you a festival in the eyes of PRS for Music?

The PRS for Music definition of a festival is: an organised programme of activities, cultural events or entertainment held in one or more venues within a single town or area with more than one activity taking place in any one day.

If your group does not fit that definition you do not have to do anything else and can continue to pay royalty fees through Making Music.

If your group does fit the definition you need to read the criteria below. If your festival fits any of the criteria then you may not be able to license your event through Making Music. Are you a festival that:

• is run for a commercial purpose
• has over 1000 attendees
• has an entry fee in excess of £20 per person

If you can answer yes to any of the above three options please contact us so we can look into your situation further. In the first instance please email us with your group name, a brief overview of your festival activities, a link to further information (if available) and a contact name and number.

Festivals that do have to pay royalties directly to PRS for Music: 

You can find out more about licensing festivals on the PRS for Music website and/or contact PRS for Music on 0845 300 6033 or at live.musiclicence@prsformusic.com for more information.