Copyright exemptions for public performance of recorded music

The Government launched a new consultation on 1 July in respect of certain copyright exemptions which apply to playing recorded music in public.

The Government is aware that some exemptions in the Copyright Designs and Patents Act 1988 may not be working well in maintaining the correct balance between the interests of music rights holders and users.  The sections to be reviewed are sections 67 and 72(1B)(a) and paragraphs 15 and 18(1A)(a) of Schedule 2 to the Act.  The Government also proposes to repeal sections 128A and 128B which relate to the operation of section 72.

The exemptions principally allow not-for-profit and charitable organisations, in certain specific circumstances, to play copyrightsound recordings in public without being required to pay a licence fee for use of those sound recordings or the performances they contain.

The Music Licensing Copyright Exemptions consultation closed on 31 October 2008. However the full consultation document (1.23Mb) as well as a short form (225Kb) are still available to view.

A summary of responses (257Kb) to the consultation was published on 11 March.

The Government’s response document (452Kb) was published on 12 November 2009.