Discussions > General Discussion
Whitby Folk Week and PRS dispute
rees:
The following arrived today from the Musicians Union. I reproduce it here for anyone who is a member of PRS but not in the MU.
It is the first I have heard of this conflict but thought it best to pass it on.
For non-UK forum members Whitby is in Yorkshire, England, UK.
MU Folk, Roots & Traditional Music Section - Whitby Folk Week
"Both the MU and the PRS are concerned about this situation and have taken a number of steps to address this issue with the organisers. Following a recommendation to the Executive Committee from the FRTM Section Committee, the EC fully supported the concerns raised in the recommendation and has authorised AGS Horace Trubridge to liaise with the PRS and to address the concerns of the Union with Whitby Folk Week.
Members should be aware that folk festivals now come under the standard PRS tariff for music events and no longer enjoy the lower charge previously applied. That means that any copyrighted original songs or arrangements will attract a performance royalty for PRS members, with the festival paying the standard PRS licence fee for the use of those works.
Horace Trubridge will be approaching the organisers of the event to question the need for the festival to acquire an assignment of rights for any and all audio/visual exploitation and to raise our objections to the contract.
The PRS has confirmed that the assignment agreement required by the WFW organisers has no validity as PRS members have assigned the performing right in their compositions, whether registered with the PRS or not, to the Performing Right Society. As the member is no longer directly controlling the public performance rights in his/her composition/arrangement, the member cannot assign or grant licences for the public performance right in any of his/her compositions to any other party, either temporarily or permanently.
If you have received a contract of this nature, either from WFW or any other organisation please ensure you refer it to the Union's Contract Advisory Service, which can be accessed through your Regional Office.
Should you require further information or advice in respect of this matter please contact the FRTM Secretary, Paul Westwell, on folk@musiciansunion.org.uk
???
BruceHenderson:
Rees, a couple of questions. To get past the legalese gobbledygook, does this mean:
1) The WFW people are not allowed to contract with performers for copies of recordings and the use of photos taken at the event for next year's publicity?
2) An individual performer isn't allowed to contract with WFW without a PRS contract and payout?
And, I'm guessing "Trubridge" is a lawyer/law firm/barristers' firm?
I'm all for "intellectual property" but it seems to me that folk festival events are going to be priced out of existence with all this stuff going on.
BH, NC USA
Ebor_fiddler:
This discussion parallels a similar one on Mudcat, the latest contribution to which is "Tell them to get stuffed". While I heartily echo this sentiment, they are a bullying organisation and make their own rules, largely for their own convenience and the profits of their major members - the large "music" corporations - I can see no alternative to obeying their dictatorship unfortunately, unless they make the mistake of taking somebody on who can afford to pay exhorbitant lawyer's fees (is it in Richard II that the best remembered quote is "The first thing we do is hang all the lawyers.")? >:(
Rant over. :(
Falseknight:
This never used to be an issue - though the law hasn't really changed. Singing alternate arrangements to "Blowin In The Wind" to 10 non fee-paying audience never really excited the PRS.
Now, with the festivals attracting global TV coverage, the PRS are protecting the interests of their performers.
Overhaul of copyright and performing rights management is seriously due overhaul.
rees:
I've no idea what this is all about really.
I'm a member of both PRS and the MU and both regularly piss me off with their rules and regulations and committees and huffing and puffing and all the other cobblers that goes with top heavy organisations.
I'm grateful to PRS for collecting and distributing royalties on my compositions but don't know the full story behind their dispute with Whitby Folk Week.
As for the MU, I only joined for the Public Liability insurance. The only other thing I've ever had from them is a diary once a year!
Navigation
[0] Message Index
[#] Next page
Go to full version