Performing rights Society tries to force Macclesfield musical instrument shop owner to pay for songs customers play on his instruments!

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Long-winded title, but...

http://www.macclesfield-express.co.uk/news/s/207/207169_its_a_fiddle.html

This is bloody ridiculous...

CharlieNo4 (Charlie), Friday, 16 December 2005 20:54 (twenty years ago)

It’s a fiddle!

FUMING: Steve Kowalski is refusing to pay.MUSIC shop boss Steve Kowalski has been told he will have to pay to play if his customers want to try out his instruments before they buy.

And that, he says, is a fiddle.

The Performing Rights Society claims he needs a licence if he, or any of his punters, want to "have a go" on anything from a harmonica to a harpsichord or castanets to clarinets.

And officers have told him that if he doesn’t stump up cash to the tune of £114 he will have to face the music.

But Steve, 53, who is gob-smacked by the order, said: "They can go whistle!"

He says he wants the threat removing – no strings attached!

Talking from his shop, the well-established Jones Music on Charlotte Street in Macclesfield, he asked: "Has anyone used their common sense here?"

Steve, who took over the 78-year-old established business a year ago, received a call out of the blue from PRS who asked if he or his customers tried out musical instruments.

He said: "I thought, what a daft question, of course we do."

When he said they did, they told him that if anyone played a riff – an identifiable piece of music – he was in breach of copyright and was breaking the law.

"They said it constituted a public performance!" he gasped. "I thought someone was winding me up.

"I have never heard anything so ridiculous in my life. It means that customers will either have to try something out without the piece sounding melodious or they will have to buy it untried.

"I am certainly not going to pay for a licence. I am making a stand for all musical instrument shops who are just going about their business."

When Steve, who lives in Macclesfield with partner Sally, asked PRS what they were going to do about it, they told him they would send in their copyright protection squad.

"I could tell that meant trouble," he said.

Steve, who himself plays lead guitar in a band, ironically called "Rough Trade", said the cost of the licence was determined by the size of the shop and since Jones Music was 1,500 square feet he would be in for a £114 bill.

"It’s not the money," he said. "It is the principal. I don’t intend to rock over this one."

Keith Gilbert, PRS Performance Sales Director said: "Royalties are crucial – they keep songwriters and musicians writing more music. And royalties are paid by everyone that plays music in public.

"Music shops pay like everyone else, but get a 30 per cent discount if their only music use is for demonstration purposes."

CharlieNo4 (Charlie), Friday, 16 December 2005 20:54 (twenty years ago)

now, fuck.

D.I.Y. U.N.K.L.E. (dave225.3), Friday, 16 December 2005 20:58 (twenty years ago)

That's fucking ridiculous. It didn't even sound like Stairway to Heavan!

That said, I know ASCAP will go into little deli's and donut shops and muscle the owners if they're playing a radio or something. They're like attack dogs.

andy --, Friday, 16 December 2005 21:27 (twenty years ago)

ASCAP... or... ASSHAT?

Aimless (Aimless), Friday, 16 December 2005 21:33 (twenty years ago)

This is a great idea, but I am concerned about when people dream that they're listening to songs. How to collect royalties on these? Perhaps a playlist sheet by the bedside each morning? We would have to rely on the honesty system.

moley, Friday, 16 December 2005 21:43 (twenty years ago)

What about the ones that get stuck in your head all day long? Do you have to pay even if you don't want them in there??

Jaq (Jaq), Friday, 16 December 2005 22:31 (twenty years ago)

Or what if windchimes accidently bang together and it sounds vaguely like "Send in the Clowns?" Is the owner responsible?

andy --, Friday, 16 December 2005 23:20 (twenty years ago)

Maybe next year.

nickn (nickn), Saturday, 17 December 2005 01:33 (twenty years ago)

Thing is, the PRS distribute the money via some confusing percentage system that means it all goes to the artists who get most airplay anyway. It's not like they're collecting money for struggling musicians. Cuntknockers.

Matt #2 (Matt #2), Saturday, 17 December 2005 01:40 (twenty years ago)

That is the most pun-tastic article ever, by the way. Proper local-newspaper style. "It's a fiddle" "to the tune" "face the music" "go whistle" "not going to rock" etc etc.

ailsa (ailsa), Saturday, 17 December 2005 10:18 (twenty years ago)

Matt is right... PRS take money from the poor and give it to the rich. Another fat cheque of money screwed out of up-and-coming talent, Sir Elton?

angle of d... (tingo), Saturday, 17 December 2005 11:15 (twenty years ago)

That article was a horror to read. And I don't mean the subject matter (which is pretty bad in itself).

Affectian (Affectian), Saturday, 17 December 2005 16:18 (twenty years ago)

Our old Norman Hackett music shop (now retired) used to have a list of songs you were 'banned' from playing when trying out stuff. Along the obvious "Stairway" and "FBird", "Smoke" and "Whole", was "Anji".

So, if they implement this, will Davey Graham's income increase? I hope so...

mark grout (mark grout), Saturday, 17 December 2005 18:03 (twenty years ago)

I think there's a famous story about Irving Berlin suing because his music was performed at his own birthday tribute concert without paying royalties.

Actually, I think Berlin had much more of a case than these guys do.

Abbadavid Berman (Hurting), Saturday, 17 December 2005 18:40 (twenty years ago)

The Copyright Protection Squad does sound fantastic though, doesn't it? They should make a TV show about them - like The Sweeney or something.

James Ward (jamesmichaelward), Monday, 19 December 2005 10:20 (twenty years ago)

PRS take money from the poor and give it to the rich.

Well, most punters aren't rich and most big-name popstars are rich. That's how it works. Except in this case - Deep Purple and Led Zep must be furious that they don't get a 90% cut.

(who'd get the royalties if it was a shop that only sold bass guitars?)

Markelby (Mark C), Monday, 19 December 2005 12:43 (twenty years ago)

Level 42

James Ward (jamesmichaelward), Monday, 19 December 2005 12:53 (twenty years ago)

I was whistling Seven Nation Army (in public) as I walked to the shops at lunchtime, does that mean I own Jack White a fiver?

Hello Sunshine (Hello Sunshine), Monday, 19 December 2005 13:09 (twenty years ago)

Apparently one of my songs got used as a backing track for an advert on Australian TV. SHOW ME THE MONEY FOR THAT, ASCAP, INSTEAD OF CHASING MUSIC SHOP OWNERS!!!

Kate Classic (kate), Monday, 19 December 2005 13:11 (twenty years ago)

Are you a member of PRS?
Y ou need to hope they have a reciprocal arrangement with these I think
http://www.apra.com.au/

mei (mei), Monday, 19 December 2005 18:50 (twenty years ago)

it did? which ad?

a song by a melbourne dude is the theme tune for jamie oliver's latest show

jim p. irrelevant (electricsound), Monday, 19 December 2005 22:09 (twenty years ago)

I have no idea. But shoegazer boy swears he heard it.

Kate Classic (kate), Tuesday, 20 December 2005 10:45 (twenty years ago)

Kate, pay your tenner and get your royalties.

Mädchen (Madchen), Tuesday, 20 December 2005 11:20 (twenty years ago)

I looked into joining before, but I thought you had to get 50% of your income from music... or was that the musicians' union?

Ah well, the only royalties I ever got were from Canadia. Hurrah!

Kate Classic (kate), Tuesday, 20 December 2005 11:23 (twenty years ago)

most punters aren't rich and most big-name popstars are rich

I was agreeing with Matt: PRS charge for membership and distribute the money to a few big names by an inequitable system. I became a member by signing a record contract once and rang them up to ask what they'd do for me; they simply passed my call from one blathering mouth to another until I got so bored I hung up.

angle of d... (tingo), Tuesday, 20 December 2005 18:24 (twenty years ago)

I was getting confused with the Authors' Licensing & Collecting Agency, which offers a considerably better deal than the PRS, if that 50% you quoted is correct. Unfortunately, they don't do music. Sorry!

Mädchen (Madchen), Tuesday, 20 December 2005 22:45 (twenty years ago)

I knew I should have been a novelist and not a pop star. :-/

The Hills Are Alive With Celibate Cries (kate), Wednesday, 21 December 2005 10:57 (twenty years ago)


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