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Licensing: Music

Volume 505: debated on Wednesday 10 February 2010

To ask the Minister of State, Department for Business, Innovation and Skills what recent discussions his Department has had with the Intellectual Property Office on the likely effect on charities and other not-for-profit groups of the proposed changes to the music licence system. (311767)

The Intellectual Property Office is part of my Department, the Department for Business, Innovation and Skills. There are regular internal discussions on this subject.

To ask the Minister of State, Department for Business, Innovation and Skills what recent assessment he has made of the likely effect on charities and other not-for-profit groups of the proposed changes to the music licence system. (311768)

It is essential that third sector organisations are protected from excessive burdens and experience minimal disruption as they continue to provide their vital services. At the same time we value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. We must find a balance which is fair to both sides and is consistent with EU and international law.

To ask the Minister of State, Department for Business, Innovation and Skills what recent representations he has received from charities and other not-for-profit groups on the likely effect on them of proposed changes to the music licence system. (311769)

Since publication of the Government response to the consultation on changes to exemptions from public performance rights in sound recordings and performers' rights on 12 November 2009, I have received a large number of representations from charities and other not-for-profit groups through their MPs. My officials have met with the Association of Charity Shops and the National Council for Voluntary Organisations. They have also remained in contact with other representatives of charities and other not-for-profit groups. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned.

To ask the Minister of State, Department for Business, Innovation and Skills whether (a) an equality impact assessment and (b) a small firms assessment has been made of the effects of abolishing the Phonographic Performance Limited licence exemption for charities and voluntary groups. (315268)

Specific impact tests on the effect of repealing the current charitable exceptions have been conducted in relation to race, disability and gender equality. A small firms assessment was deemed unnecessary. The results of these tests are contained in the impact assessment summary accompanying the Government response to the Music Licensing Review (‘Government Response to the Consultation on Changes to Exemptions from Public Performance Rights in Sound Recordings and Performers' Rights’).

This was published on 12 November 2009 and the documents were placed in the Libraries of the House.

To ask the Minister of State, Department for Business, Innovation and Skills if he will place in the Library a copy of each response to the consultation on changes to exemptions from public performance rights in sound recordings and performers' rights. (315270)

A copy of the summary of responses to the consultation (‘Changes to Exemptions from Public Performance Rights in Sound Recordings and Performers' Rights Consultation, Summary of Responses’) was placed on the website of the Intellectual Property Office in March 2009 and it is currently available at:

www.ipo.gov.uk

I am also placing the summary to the consultation in the Library of the House. A list of respondees to the consultation is detailed at Annex A of the summary. Anyone wishing to obtain a copy of an individual response to the consultation should contact the relevant organisation directly.

To ask the Minister of State, Department for Business, Innovation and Skills to which parts of the UK the proposed changes by the Intellectual Property Office to performance rights licence exemptions for not-for-profit groups will apply. (315307)

The current not-for-profit exemptions contained in the Copyright, Designs and Patents Act 1988 apply to England and Wales; Scotland and Northern Ireland. Any change to those exemptions will apply to those parts of the UK.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment he has made of the likely effect on (a) charities and (b) other not-for-profit organisations of the proposed changes to music licensing legislation, with particular reference to the West Midlands. (313944)

The Government did not undertake any region by region assessment and therefore West Midlands was not considered on an individual basis. However, as part of the consultation process a final impact assessment was commissioned from independent consultants, Europe Economics. This assessment estimated the impact on groups across the UK which would be affected. A shortened and updated form was published on 12 November 2009 with the Government response which was placed in the Library of the House. This contains a weblink to the full Europe Economics impact assessment.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Limited (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. We value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment he has made of the likely effect on village halls of the proposed changes to music licensing legislation. (313945)

As part of the Government’s consultation process on the proposed changes to the music licensing regime, a final impact assessment was commissioned from independent consultants, Europe Economics. This specifically estimated the effects of the proposed changes on rural halls. The Government’s response to the music licensing consultation, which was published on 12 November 2009, contained a summary of Europe Economics’ impact assessment. The response and the accompanying summary were placed in the Library of the House.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Limited (PPL) and organisations concerned. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. We value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills whether he has made an assessment of the likely effects on charities and other not-for-profit organisations in Greater London of proposed changes to public performance rights under the music licensing system. (311735)

[holding answer 20 January 2010]: The Government did not make any specific assessment of the effects on organisations in Greater London. However, as part of our consultation process we commissioned a final impact assessment from independent consultants, Europe Economics. This assessment estimated the impact on groups across the UK which would be affected. It was published on 12 November 2009 with the Government Response and a summary was placed in the House Library.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Limited (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what consideration was given to maintaining the status quo in the Government’s response to the consultation on the requirement to pay royalties for playing recorded and broadcast music by charitable and not for profit organisations amending the Copyright Designs and Patent Act 1988; and if he will make a statement. (311938)

[holding answer 20 January 2010]: The Government want a copyright system which achieves the correct balance between the interests of all parties. It is essential that third sector organisations are protected from excessive burdens and experience minimal disruption as they continue to provide their vital services. We must find a balance which is fair to both sides and is consistent with EU and international law.

The Government consider the current exemptions do not draw the correct balance between the interests of right holders and charitable and not-for-profit organisations. It is for this reason the maintenance of the status quo was not consulted on as an option for reforming the current system of exemptions. At present, if charities wish to play recorded or broadcast music they will have to pay for a licence from the Performing Rights Society (PRS for Music), which provides remuneration to songwriters and music publishers. But third sector organisations are exempt under UK law from requiring a PPL licence, which provides remuneration to performers and record labels, if certain conditions are met. The proposed repeal means that charities will now pay performers and record companies for the public playing of their recorded or broadcast music, in the same way as they already pay songwriters and music publishers.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment he has made of the effect on youth clubs of proposed changes to the music licensing system; and if he will make a statement. (311939)

[holding answer 20 January 2010]: The Government did not make any specific assessment of the effects on youth clubs. However, as part of our consultation process we commissioned a final impact assessment from independent consultants, Europe Economics. This assessment estimated the impact on broader classifications which encompassed youth clubs. It was published on 12 November 2009 with the Government response and a summary was placed in the House Library.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Ltd. (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what recent discussions his Department has had with Phonographic Performance Limited on the effects on charities and other not for profit groups of the proposed changes to the music licensing system. (312070)

[holding answer 20 January 2010]: I and my officials hold regular discussions with Phonographic Performance Ltd. (PPL) about the proposed changes.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment he has made of the likely effects on charity shops of the proposed changes to the music licensing system. (312075)

[holding answer 20 January 2010]: As part of the Government's consultation process we commissioned a final impact assessment from independent consultants, Europe Economics which specifically estimated the effects on charity shops. It was published on 12 November 2009 with the Government Response and a summary was placed in the House Library.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Limited (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment his Department has made of the effect on charities and voluntary groups of changes to exemptions from public performance rights in sound recordings and performers' rights. (312267)

The most recent assessment was undertaken as part of our consultation process in 2009. We commissioned a final impact assessment from independent consultants, Europe Economics. It was published on 12 November 2009 with the Government Response and a summary was placed in the House Library.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Limited (PPL) and the organisations concerned. We value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. The Government want to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment has been made of the likely effects on (a) charities and (b) other not-for-profit organisations in (i) Lancashire and (ii) England of the proposed changes to music licensing legislation. (314224)

The Government did not undertake any region by region or country by country assessment and therefore neither (i) Lancashire nor (ii) England were considered on an individual basis. However, as part of the consultation process a final impact assessment was commissioned from independent consultants, Europe Economics. This assessment estimated the impact on groups across the UK which would be affected. A shortened and updated form was published on 12 November 2009 with the Government response which was placed in the Library of the House. This contains a weblink to the full Europe Economics impact assessment.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Ltd (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. We value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. The Government wants to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.

To ask the Minister of State, Department for Business, Innovation and Skills what assessment he has made of the likely effect on village halls of the proposed changes to the music licensing regime. (314225)

As part of the Government's consultation process on the proposed changes to the music licensing regime, a final impact assessment was commissioned from independent consultants, Europe Economics. This specifically estimated the effects of the proposed changes on rural halls. The Government’s response to the music licensing consultation, which was published on 12 November 2009, contained a summary of Europe Economics’ impact assessment. The response and the accompanying summary were placed in the Library of the House.

The exact impact will be determined by the outcome of consultations between Phonographic Performance Ltd (PPL) and organisations concerned on licence fee levels. As part of this process it is essential that PPL work with the third sector to agree reasonable and appropriate tariffs. We value the contribution musical performers make to the economic and cultural success of our country. We have got to make sure that they are rewarded for their efforts so they can continue creating. The Government wants to ensure that discussions between PPL and the third sector are facilitated so that the outcome is satisfactory for all concerned. A mutually agreed solution is vital if the needs of both PPL members and the third sector are to be met. I remain confident that this will be possible.