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Licences and the like

All of the following information is offered with England and Wales based events and productions in mind, the information is provided ‘as is’ and provided with no guarantee or warranty. We wish to remind you that you may require further or alternative licences/permission/certification or other legal procedures, we advise you to seek appropriate professional legal, tax and licensing advice to ensure you are fully covered and compliant.

We are conscious that what follows looks like a list of legal hurdles, but we have sought only to bring together some of the 'red tape' elements which may be relevant to events and productions. Here we are simply trying to point you in some of the right directions to get you started; however it is your responsibility to ensure you have all the correct licences/clearance/permission for your event/production and that all legal, tax and certification requirements are covered.

Firstly, almost all public events a require a TENS licence (Temporary Event Notice), a Premise Licence (the term premise in this context can mean an indoor or outdoor event, eg a pub or a village green) or special clearance from the council, police and other local authorities. A TENs covers up to 499 people, any more and you'll require a Premises License. Call your local council; tell them everything you can about the event you're planning including, but not limited to, the nature of your event, what you expect to sell (eg alcohol/food etc), whether you expect to play live music and how many people you are expecting to attend. Your local council should then be able to advice you on what licences you require and which other authorities you may need to inform or gain clearance from for your event.

We have recently become concerned that there has been some confusion with regards to the use of music at events; speaking to some of our clients it would seem that they understood that a TENs cleared them to play any music they wished at their event. It is easy to see how this confusion may arise. Live music, along with dancing, the supply of alcohol and a range of other things are in fact activities which must be licensed. TENs or Premises Licence may say that you are cleared to play live music but it only covers you for the act of playing the music; a TENs does not cover you for the actual music played. If you want to play copyrighted music, either live (eg a band or choir) or recorded (eg CDs) you’ll need a PRS and PPL licence, you’ll need to contact each company separately to check the details for your event.

http://www.ppluk.com and http://www.prsformusic.com

Very simply put; PRS pays their writer, composer and music publisher members, PPL covers the recording you play; if you're only playing live music, eg you have a band at your event and they're playing copyrighted music, then you may only need a PRS licence, however if you are playing CDs etc then you will require a PPL licence as well to cover that use of music. If you are only playing recorded copyright music from eg CDs, you need both a PRS (to cover the lyrics and the music score etc) and a PPL to cover the recording you are playing. PRS and PPL provide a range of difference licences to cover most of your event music requirements so contact them to discuss your event and they should be able to advise you.

If you have been running events on the understanding that a TENs, Premises Licence or special permission from the council covered your use of music then you should contact PRS and PPL; explain the confusion, tell them everything you can about the events you have been running, including but not limited to, the nature of the events, the use of music at those events and the number of people who attended. They should then be able to advise you on applying for licences retrospectively.

With PRS and PPL there are some exceptions. There are certain performances and recordings for which their licences would not cover you and you will need to seek this elsewhere; for instance, in order to use the music (and scripts) for musicals, ballet and opera you'll need to approach the copyright owners directly for permission. EG the rights to Joseph and his Amazing Technicolour Dreamcoat are owned by The Really Useful Group, and so in order to put on a performance of Joseph you'd need to approach The really Useful Group for a licence for the whole show, a concert or just a song.

If your event or production will contain Christian music, either played or performed, you can approach the CCLI for advice. Christian Copyright Licensing International provide copyright clearance solutions for churches wanting to reproduce the words of hymns and worship songs as well as copyright cover to show films, play or perform music, record services and photocopy from authorised publications.

Remember that in video everything needs to be 'cleared', you need permission and release forms for people and places you film as well as any visual aids, eg photos and maps, you use on screen. If you wish to use copyrighted music you may be able to apply for special blanket licences from PRS and PPL; however depending on your production you may need to approach each copyright owner for clearance. This particularly applies to productions containing music from musicals, ballets and opera; you should discuss the recording and distribution when discussing your licence requirements with the relevant parties.

The performing of a play also often requires permission/a licence. You may need permission or a license even if the original work is now out of copyright, as the version/ arrangement/ abridgement/ translation you wish to perform may well be covered by a separate copyright. If you wish to record (audio, video and in some cases photograph) a play for which you need a licence to perform you will need to ensure you also have a licence to record it. You should discuss the recording and distribution when applying for the performance licence.

If you are planning to film in a public place or film an event open to the public you may need to gain clearance from the local council, police, or the premises owner (eg if you wish to film in a shopping centre or park etc). You might also wish to contact the ICO (Infomation Commissioners Office - ie Data Protection) to ensure you have followed all guidelines and requirements with regards to recording and photographing members of the public.

It's important that you consider Event Insurance and Public Liability. We cannot advise you on with whom to take out insurance, however there are plenty of companies who provide these services direct or via a brokerage scheme. The key, of course, is always to read the small print.

If you are employing other people you may require employer's insurance.

If you are the event organiser (eg the named person on the TENs or insurance documents etc) you'll need to produce full risk assessment documents and ensure all current health and safety laws are followed and that there is a record that they were followed.

Make sure that anyone you hire (for anything - events, film shoots etc), eg technicians, or anyone who sets up equipment, also carries their own public liability insurance or is expressly covered by your overall insurance.

You may be required to ensure adequate security is provided on events and film shoots etc, you can contact http://sia.homeoffice.gov.uk for more information on those licenced to provide security services.

If food is to be prepared, stored or sold then food hygiene laws must be checked and complied with. You may be required to carry food related certificates; start by speaking to your local council to find out more about serving food at an event. You should discuss covering food preparation/storage/supply with event liability insurers.

All DVDs or Video (with a few exceptions) supplied (sold or given away for free) in the UK need to be classified by the BBFC (Find out about 'Exempt' works: http://www.bbfc.co.uk/customer/cust_procMisc_exempt.php and http://www.bbfc.co.uk/faq/docs/12120.html). The packaging may also need to be cleared; http://www.bbfc.co.uk/customer/cust_procPack_vprc.php

Almost all radio equipment operated in the UK, including radio microphones and radios (walkie-talkies), require licences. If you hire from a reputable company they should be able to provide you with either licence-free equipment or temporary licences to cover your use of their equipment.

If you wish to have pyrotechnics or fireworks at your event or wish them to be used during your film shoot you will require a trained professional to risk-assess, rig and operate your display. You’ll also need to liaise with the local council, fire service, police and other parties to discuss the correct licenses, permission and clearance. You must alert your insurers if you are planning to use pyrotechnics or fireworks and discuss this with them.

Wild Duck Productions provides the information on this website with England and Wales based events and productions in mind, the information is provided ‘as is’ and we provide this information with no guarantee or warranty. We wish to remind you that you may require further or alternative licences/permission/certification or other legal procedures, we advise you to seek appropriate professional legal, tax and licensing advice to ensure you are fully covered and compliant. It is the responsibility of the event organiser (eg the named person on the TENs or insurance documents etc) to ensure that all correct licences/permission/certification are received and that all correct laws, legal and moral requirements are followed.

 

Neither we (Wild Duck Productions) nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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