A Scottish branch of car repair shop
Kwik Fit
has been taken to court by the
Performing
Rights Society (PRS) for not paying royalties after staff listened to the
radio at work.
Lord Emslie, the judge at the Court of Session in Edinburgh, has allowed the
case to go ahead, and the PRS is asking for damages of £200,000.
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The organisation claims that staff should pay royalties because they take
radios into work where other people can hear them.
"If copyright music is being played in public - in shops, restaurants,
workplaces or any other business - clearance is needed to do so from the owners
of that music," said the PRS in a statement.
"Some 92 per cent of PRS members earn less than £10,000 a year from PRS
royalties so the income from unlicensed use is important to them.
"Kwik Fit has been given every opportunity to take out the appropriate
licences but has refused. Court action is regrettable but Kwik Fit's actions
have left us with no choice."
The PRS filed over 200 complaints that radios were being played audibly. But
Kwik Fit responded by saying that it did not allow radios to be used at work.
Lord Emslie said in his ruling: "The key point to note, it was said, was that
the findings on each occasion were the same with music audibly 'blaring' from
employees' radios in such circumstances that [Kwik Fit's] local and central
management could not have failed to be aware of what was going on.
"The allegations are of a widespread and consistent picture emerging over
many years whereby routine copyright infringement in the workplace was, or
inferentially must have been, known to and 'authorised' or 'permitted' by local
and central management."
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