PDA

View Full Version : Corner shop worker told to stop singing in her store-or pay for a performing licence


Ballygrl
October 14th, 2009, 9:49 pm
I think the world has gone mad. How long before that happens here? God forbid some people are actually happy!

http://www.dailymail.co.uk/news/article-1220423/Corner-store-worker-told-stop-singing-works--pay-licence.html

Corner shop worker told to stop singing in her store - or pay for a performing licence

By Daily Mail Reporter
Last updated at 7:13 PM on 14th October 2009

Music police have told a grandmother to stop singing behind the counter of the corner shop where she works - or pay for a licence.

Sandra Burt began serenading customers at the A & T Food Store in Clackmannan, near Stirling, after the owners were contacted by The Performing Right Society and told they would have to pay an £80 annual fee to keep the radio on in the shop.

They decided not to bother and now 56-year-old Sandra sings tracks 'from anyone from The Noisettes, to the Rolling Stones' as she stocks the shelves and weighs customers' purchases.

Now, however, the PRS, which collects royalties on behalf of music industry bosses and artists, has told her that her 'spontaneous outbursts of joy' constitute live public performance, and she could have to pay annual fees of 'four figures'.

Gareth Kelly, music sales advisor for PRS, said that Mrs Burt was getting up to 'mischief' to get round the radio licence fee.

He said: 'Using any copyright material in your store, without paying for it, is illegal.

'It doesn't matter whether you're singing a Robbie Williams track, or listening to a Robbie Williams track, you still have to pay for it.

'She could be fined for not having a live performance licence, and if the fine isn't paid, then she could potentially be taken to court.'

The PRS said that Mrs Burt could be judged to be giving daily performances, which would require individual daily licences, taking the annual cost up to 'four figures'.

Mrs Burt, a Rolling Stones fan, said she was shocked by the attitude of the PRS.

She said: 'I come from a very musical family. My husband is a drummer in a pipe band, and even my two-and-a-half year old grand-daughter is always singing.

'I sing all the time, and I often don't even know I'm doing it. It's just a spontaneous, happy thing.

'They'd have to put tape over my mouth to stop me singing these songs. Even if they threatened to take me to court, I don't think I could stop singing. I'm just a naturally happy person.

'Nobody that comes in the store complains about me singing. I love singing and think it's cruel that PRS would try and stop me from doing it.'

Assistant manager of the store Dale Alexander said they had been contacted by the Performing Right Society to say their business could be fined if they were caught listening to a radio without a licence, so Sandra decided to entertain the staff and customers instead.

Mr Alexander, 29, said: 'Sometimes you can go half an hour without seeing anyone in the shop so the radio was a wee bit of company.

It was really just for the staff. It is not like we were putting on a concert. The rules have been in for a while but the PRS have been targeting small shops recently, and with the recent huge increase in the drinks licence to stump up it is just too much to pay extra for.

'It helps that Sandra actually likes singing the oldies from the sixties and that sort of thing, and she is quite a good singer.'

Mrs Burt, who has worked in the store for four years, added: 'I have always sung in the shop but it is so quiet now without the radio on, that I'm singing all the time.

'I'll basically just sing anything that comes into my head, and then Dale will start singing along with me, and people in the shop will say 'Oh I know that song too', and they'll start singing along too. It's a happy store.

'It's ridiculous. What's the world coming to when Big Brother wants to charge you for singing a wee tune?'

The Performing Right Society said it was within its rights to charge for all copyright music played or performed outside of the home. The not-for-profit organisation distributes the royalties to the writers and publishers of the songs.

BostonPatriot
October 14th, 2009, 9:54 pm
Just when you think you've seen it all ... same dumbass mentality that suspends a cubscout for a knife/fork/spoon utensil ... but that's a separete issue.

You're right, it's getting loony out there.

Vaard
October 14th, 2009, 10:14 pm
it will start happening here tomorrow.......

jeepers
October 14th, 2009, 11:32 pm
Some people are really, really stupid. The bad thing is that some of them work in the government.

Seanachie
October 14th, 2009, 11:44 pm
Hello Ballygirl,

Maybe she has an operatic voice that will crack crystal glasses! Quite expensive for the proprietor of the establishment. This is as ludicrous as it is funny; unless she is forced to purchase the license.

Be well,

Jim

Perhaps She'll be recruited for Britain's Got Talent. Or, She'll have to write her own songs. Copyrights to herself of course.

angelicmadrigal
October 14th, 2009, 11:50 pm
That is complete and total crap.

jeepers
October 15th, 2009, 12:35 am
That is complete and total crap.


Give the government it's head, it will regulate your bowel movements.

psyko kat
October 15th, 2009, 12:51 am
Some people are really, really stupid. The bad thing is that some of them work in the government.

Some,?????-government,?

grapabeaux
October 15th, 2009, 1:03 am
Speaking of laws against fun, start dancing in the wrong bar in New York City, and the police may shut the place down.

http://www.everything2.com/title/cabaret%2520license

PeterGriffin
October 15th, 2009, 1:06 am
after the owners were contacted by The Performing Right Society and told they would have to pay an £80 annual fee to keep the radio on in the shop.

That is the issue, not the fact that she was singing in her own shop. I'm not very familiar with copyright law in the UK, but from all appearances the exact same thing has been in place in the US for a long time. If you have a business and you have a radio playing in the store or as your hold music, those are "unauthorized performances" and royalties are to be paid using the following calculations:

http://www.ascap.com/about/payment/royalties.html

Seanachie
October 15th, 2009, 1:55 am
Speaking of laws against fun, start dancing in the wrong bar in New York City, and the police may shut the place down.

http://www.everything2.com/title/cabaret%2520license

Hello GrapaB,

You are quite right. A girl and I were dating back in the late 80's early 90's and were slow dancing in Tommy Makem's Irish Pavilion on E. 57 St.. Tommy, he Himself (God rest his beautiful soul on Fiddler's Green) came over to inform us that any dancing would require him to have a nightclub license and we had to cease forthwith, not to mention immediately.

Geeesh! Talk about ruining a mood! A late night ride back on the S.I. Ferry solved the mood problem somewhat satisfactorily without dancing.

Be well AND no DANCING in non-cabaret licensed establishments. The dancing police will nab Ya and the owner!

Jim

Gabby
October 15th, 2009, 3:23 am
That is the issue, not the fact that she was singing in her own shop. I'm not very familiar with copyright law in the UK, but from all appearances the exact same thing has been in place in the US for a long time. If you have a business and you have a radio playing in the store or as your hold music, those are "unauthorized performances" and royalties are to be paid using the following calculations:

http://www.ascap.com/about/payment/royalties.html

I lived in Italy for part of my high school education. We wanted to throw a large party at our appartment. Turned out that since were would be playing records (yes it was a long time ago) we had to get an entertainment license and pay a fee to cover royalties.

My suggestion to this little store is that if they want her to sing... write some songs. She can sing all of her own material with no problems.

Vaard
October 15th, 2009, 8:34 am
That is the issue, not the fact that she was singing in her own shop. I'm not very familiar with copyright law in the UK, but from all appearances the exact same thing has been in place in the US for a long time. If you have a business and you have a radio playing in the store or as your hold music, those are "unauthorized performances" and royalties are to be paid using the following calculations:

http://www.ascap.com/about/payment/royalties.html

see, it is already happening in america!

grapabeaux
October 15th, 2009, 12:24 pm
Something to think about next time you're at a stoplight and some idiot is blasting his car radio next to you.

Samm
October 15th, 2009, 4:30 pm
That is the issue, not the fact that she was singing in her own shop. I'm not very familiar with copyright law in the UK, but from all appearances the exact same thing has been in place in the US for a long time. If you have a business and you have a radio playing in the store or as your hold music, those are "unauthorized performances" and royalties are to be paid using the following calculations:

http://www.ascap.com/about/payment/royalties.html

If that is the copyright law here there are many thousands of violators playing CDs and/or FM radio in their stores every single day.

pattyk
October 15th, 2009, 4:33 pm
they can't listen to a RADIO w/o a license?

yup, that's how they'll get Rush and Sean. need a license to listen to them.

PeterGriffin
October 15th, 2009, 6:01 pm
If that is the copyright law here there are many thousands of violators playing CDs and/or FM radio in their stores every single day.

Yup, there sure are, and eventually they'll get a visit from an ASCAP representative who has already visited the store and probably called to find out if they have music piped in when people are on hold, and when he makes his visit he'll have the royalties already calculated and present an invoice. I have witnessed the exact same scenario above in person.

Beccaria
October 15th, 2009, 6:25 pm
Yup, there sure are, and eventually they'll get a visit from an ASCAP representative who has already visited the store and probably called to find out if they have music piped in when people are on hold, and when he makes his visit he'll have the royalties already calculated and present an invoice. I have witnessed the exact same scenario above in person.

Don't you think that's a little insane though, Peter? As a performing artist myself (Yes, our CD is available, click HERE (http://myspace.com/episodicmusic) if you're curious), I would have no problem with hearing somebody sing one of our songs. On the contrary, it's proof to me that people LIKE our songs!

It's not like she's trying to bootleg it or charging money for people to hear it.

mgifford
October 15th, 2009, 8:11 pm
Gubmit sucks!

jimjames418
October 15th, 2009, 8:26 pm
they can't listen to a RADIO w/o a license?

yup, that's how they'll get Rush and Sean. need a license to listen to them.
As the Administrative Manager for a multi-national corporation back in the 1970's it was a part of my job to make sure that all the offices followed the law.

Back then you were allowed to have a radio playing, but you could not have any additional speakers hooked up to it without a license. Our solution was to allow each employee to bring their own radio, and we just monitored the volumn so that it did not brother other employees.

jeepers
October 15th, 2009, 11:06 pm
Yup, there sure are, and eventually they'll get a visit from an ASCAP representative who has already visited the store and probably called to find out if they have music piped in when people are on hold, and when he makes his visit he'll have the royalties already calculated and present an invoice. I have witnessed the exact same scenario above in person.


I suspect that I may end up a libertarian before it's all over with....

PeterGriffin
October 16th, 2009, 10:48 am
they can't listen to a RADIO w/o a license?

yup, that's how they'll get Rush and Sean. need a license to listen to them.

Uh, Patty, copyright law isn't going tone used to "get" Sean and Rush. The laws are there to protect their financial interests.

K Lags
October 16th, 2009, 10:57 am
Does this mean if someone's driving around blasting music I can contact someone and have them fined for distributing free live performances of the CD?

That could come in handy.

PeterGriffin
October 16th, 2009, 11:02 am
Don't you think that's a little insane though, Peter? As a performing artist myself (Yes, our CD is available, click HERE (http://myspace.com/episodicmusic) if you're curious), I would have no problem with hearing somebody sing one of our songs. On the contrary, it's proof to me that people LIKE our songs!

It's not like she's trying to bootleg it or charging money for people to hear it.

No, I don't. As the owner of your copyrighted works you are free to give them away or do whatever you wish. That is quite common. For companies that distribute copyrighted works, they tend to be a little more protective of their intellectual property because it is the only asset they have. Charging money doesn't matter as the unauthorized performance dilutes the value of the copyright. There is also the matter of going after all copyright violators vigorously; it could be used as a defense for a copyright violator in court to show arbitrary enforcement. Again, I know next to nothing about the laws in the UK, but for non lawyer I am pretty well versed in copyright law, having been on both the litigant end and the defendant end......hehehe.

If people give their copyrights away and don't defend them, then that is what they are worth, nothing. If your business is distributing intellectual property, you'll soon be out of business if you don't protect your assets.