GovWire

Overview

If you would like to use copyright material, you usually need to get permission from the rights holder to do so. Sometimes this can be obtained directly from the rights holder, but more often it is granted in the form of a licence from a licensing body. A licensing body is a broad term used to describe any organisation which offers licences for the use of copyright work.

What is a collective management organisation

A Collective Management Organisation (CMO) is a type of licensing body which grants rights on behalf of multiple rights holders in a single (blanket) licence for a single payment. Generally speaking, rights holders will join a CMO as members and instruct it to license rights on their behalf. The CMO charges a fee for the licence, from which it deducts an administrative charge before distributing the remainder as royalties. They are typically not for profit organisations and are owned and controlled by their members, the right holders.

How are collective management organisations regulated

The conduct of UK CMOs is governed by the Collective Management of Copyright (EU Directive) Regulations 2016 (the CRM Regulations).

The CRM Regulations

The CRM Regulations aim to fulfil the following objectives:

• to modernise and improve CMO governance, financial management and transparency; in particular, ensuring right holders have more say in the decision making process and receive royalty payments that are accurate and on time
• promote a level playing field for multi-territorial licensing of online music
• to help create innovative and dynamic licensing structures that encourage the development of legitimate online music services

Monitoring compliance of the CRM Regulations

The CRM Regulations designate a National Competent Authority (NCA) which is responsible for monitoring and enforcing compliance with the Regulations provisions. The NCA functions in the UK will be undertaken through a unit in the Intellectual Property Office (IPO). For more information please visit how the IPO regulates licensing bodies.

CMOs in the UK

Copyright works can come in a number of different forms, for example books, newspapers, pictures or music. There is usually one CMO per sector which may be able to offer a collective licence.

Music

PRS for Music and Phonographic Performance Limited (PPL)

PRS manages the rights of songwriters, composers and publishers while PPL manages the rights of the record producers and the performers. As all these parties can have rights in a single piece of music, you will often need a licence from both PPL and PRS to get complete copyright coverage if you would like to play recorded music (eg records, CDs, jukebox or the radio) in a public space. A public space is usually one that is not domestic or private, for example a pub, club, shop, workplace or village hall. You would usually only need a licence from PRS if you would like to allow live music to be played at a public venue.

Eos (The Broadcasting Rights Agency)

Eos is the Broadcasting Rights Agency that serves the music industry in Wales.

RadioPro Ltd

RadioPro Ltd operates as a Collective Management Organisation and manages copyright and rights related to copyright on behalf of rightholders in the music sector, accepting members through RadioPro. If you want to play their music in a public place, you will need to purchase a licence from them.

Music and Entertainment Rights Licensing Independent Network (MERLIN)

MERLIN is a digital licensing organisation for independent record labels, distributors and other recorded music rights holders.

Print and digital material

Copyright Licensing Agency (CLA)

The CLA licenses on behalf of Publishers Licensing Services (PLS), the Authors Licensing and Collecting Society (ALCS), the Design and Artists Collecting Society (DACS) and Picture Industry Collecting Society for Effective Licensing (PICSEL). You may need a licence from the CLA if, for example, you wish to photocopy, scan or re-use content from magazines, books, journals and electronic and online publications. This includes press cuttings where obtained from a press cutting agencys web portal.

Publishers Licensing Services (PLS)

The PLS use the Copyright Licensing Agency (CLA) and the NLA Media Access to manage collective licensing for publishers. PLS distribute the royalties they receive from the CLA and NLA to publishers who have signed up with them. While PLS do not offer any collective licences themselves, they may be able to assist if you are looking to use their members works in a way not covered by an existing collective licence.

Authors Licensing and Collecting Society (ALCS)

The ALCS use the CLA to license the rights of its author members. They are responsible for distributing the royalties from the CLA to their members. They do not offer any collective licences themselves but may be able to assist if you are looking to use their members works in a way not covered by an existing collective licence.

NLA Media Access

An NLA licence may be required for organisations who wish to make a copy of an article published in a newspaper or magazine either in print or online, for using it both internally or externally. This covers photocopying, printing, faxing, scanning, e-mailing, using articles in a presentation, hosting on a website/blog/social media site, including where obtained from a press cutting agencys web portal.

Performers rights

British Equity Collecting Society (BECS)

The performers union Equity established BECSin 1998. 