Neither PRS nor PPL are government bodies. They are private sector organisations. Like any
other private claimant the burden is on them to prove that a third party owes them licence fees.
There is no presumption of guilt on the part of any third party: unless and until legal proceedings
have been commenced, there is no requirement on a third party to prove that it has not infringed
PPL’s or PRS for Music’s copyrights. That said, there is an obligation on businesses to ensure
that they have the necessary PPL and PRS licences in place and they should comply with that
obligation. When dealing with PPL and PRS for Music businesses should at all times conduct
themselves in a reasonable fashion, that will stand up to scrutiny in Court.
In most encounters between PPL/PRS for Music and those they are pursuing there is a huge
imbalance in experience: PPL and PRS for Music deal with complaints concerning unlicensed
playing of music week in and week out but most of those accused of such activities will be
completely unfamiliar with the nature of the complaints made against them and the legal
proceedings they are likely to be threatened with or involved in. It is our experience that PPL/PRS
can often be quite aggressive in their pursuit of licence fees. For businesses and those that work
in them, who are not used to dealing with these issues, this can often be intimidating.
Some important points to bear in mind when dealing with either PPL or PRS are:-
• Control the ow of information – You should have one (and only one) senior person
nominated to deal with PPL/PRS for Music or their lawyers. This should ensure that they get
consistent information. Other employees should be told to refer any communications or calls
from PPL/PRS for Music to the nominated person.
• Don’t be panicked into giving incomplete or inaccurate information – For a multi-site
organisation it can be time-consuming to work out what music has been played where, when,
in front of whom and by whom.
Providing inaccurate information under pressure, which you subsequently have to correct,
will often be characterised by PPL/PRS for Music as proof of dishonesty and may generally
undermine credibility in any subsequent legal proceedings.
Make it clear to PPL/PRS that you will answer relevant questions, properly raised, only once
you have had an opportunity to collate and review all relevant information.
• Make it clear that you will pay what is properly due and that you won’t infringe – PPL/
PRS for Music will frequently threaten legal proceedings and injunctions.
Make it clear in relation to historical liabilities that you will promptly pay what is properly due once
the relevant information has been collated and reviewed and the gures agreed.
In relation to continuing or future playing or performing in public, it is important to make it clear
to PPL and PRS for Music that you undertake to (a) take all necessary licences in relation to
future public playing/performances and (b) to pay all licence fees properly due going forwards.
Providing your business is solvent and good for the likely future licence fees then giving such
an undertaking will make it very much harder for PPL or PRS for Music to obtain a temporary
injunction to restrain public playing going forwards.
• Engage specialist experienced lawyers early on – Often it will save money in the long
run if specialist lawyers are engaged early on. These should be lawyers who have signicant
experience in dealing with PPL and PRS for Music.
You should not agree to disclose any of your documents nor agree to the terms of any court
order, without having rst taken proper legal advice.
• Agree a deal where possible – If your business has played music in public, without having
the necessary licences in place, then you will need to settle with PPL/PRS to avoid court
proceedings, which will inevitably be expensive. This does not mean that you need to write a
blank cheque to PPL/PRS but it does mean that realism is required.
The use of without prejudice save as to costs offers and special offers made under Court Rules
(known as Part 36 offers) can give a measure of costs protection for your business where PPL/
PRS bring proceedings to recover unpaid licence fees. Such offers can provide costs protection
where PPL/ PRS are claiming a sum which is both greater than (a) the amount they are entitled to
claim and (b) the amount which has been offered to them or paid into Court.