When the Guardian Angels received requests for help with PPL licences, we decided to conduct some research. This is the result of that research.

The Phonographic Performance Ltd (PPL) issues licences for the public playing of recorded music. It issues licences to individuals, various kinds of organisations and occupiers of premises where music will be played. The work that it does is underpinned by the Copyright, Design and Patents Act 1988, and the various updates to it since.

Under this Act a copyright holder has the right to control how their copyright work will be made available to the public. A sound recording is protected by copyright and many recording labels hand over this control to PPL in return for a proportion of the licence fee. It is an offence to play these sound recordings in public without a licence. There are exceptions to this and it may be that some circle dance teachers will be able to take advantage of them.

The exceptions are given in Clause 67 of the Act that were amended in 2003 – though it should be noted that PPL (with others) are working for the removal of this clause in the revision of the Copyright Act expected in 2007. We will not know if their lobbying is successful until then. In the meantime, teachers may play a sound recording if they are leading dance for the benefit of a club or other organisation whose main objects are charitable or concerned with the advancement of religion, education or social welfare. They should not be making any money from the activity, and admission fees must be for the purposes of the organisation.

This does not include classes that are open to the public or run as part of adult education evening classes.

Teachers/leaders should therefore check:

•       Are they dancing in a hall with a PPL licence? or
•       Are they dancing as part of a club or a recognised organisation?
•      If so, are its main objects charitable or concerned with the advancement of religion, education or social welfare? and
•       Are all charges for admission applied solely for the purposes of the organisation?

If the answer to these questions is yes, a licence should not be necessary.

If the answer to these questions is no, a licence will probably be necessary.

However, if they are playing only non-PPL licensed recorded music and they can prove it to thesatisfaction of PPL, a licence should not be necessary. If they are ever challenged by PPL, they should be sure that they can provide CD covers and play lists so that PPL can check that the music played is not licensed by them.

Guardian Angels believe that it is simpler for teachers to come together in small local or regional groups to form an association for the purpose, at the very least, of obtaining a PPL licence.

The Folk Club category is probably the best fit for most circle dance groups, and the tariff in 2006 for up to 2000 attendances over a year’s classes is £50.36 plus VAT. This is not a huge sum spread over several teachers whose payment would be a fair reflection of music usage, and a small price to pay for peace of mind.

A further incentive to the network would be the benefit that this could bring, over time, if the bands that we want to support were to register with PPL and thereby get some return from teachers’ licence money.

Visit www.ppluk.com for more information and for an application form.

This item by Pat Adams appeared in Grapevine magazine Summer 2006