Memorandum
submitted by MCPS-PRS Alliance
Introduction
1. The
MCPS-PRS Alliance represents 60,000 composers, songwriter and music publisher
members as well as the music of the hundreds of thousands of composers,
songwriters and publishers who are members of the equivalent royalty collecting
societies across the world by virtue of some 121 reciprocal agreements with
those societies. This enables the
Alliance to offer its licensees access to the world's entire repertoire of
music.
2. MCPS
is responsible for licensing the recording of music onto audio and audiovisual
products, PRS licenses the public performance and broadcast of music and both
license the online use of the music. The
MCPS-PRS Alliance is an operational alliance between the two organisations and
this has enabled them to issue joint licences wherever it is appropriate,
including to the BBC. The royalties they
collect from such uses are distributed to the copyright owners of the music
actually used, directly in the case of their members and via the relevant
societies overseas in the case of non-members.
3. The
BBC is a major user of music in the UK, reporting some 800,000 uses of music
over its television, radio, internet and mobile services per month. This scale of music use makes the BBC the
single largest licensing customer of the Alliance. It is rare that a broadcast programme does
not make use of music in some way and indeed a programme without music would
seem incomplete. Accordingly the demand
for music creates a mutual dependency between the BBC on the one hand and the
Alliance on behalf of its members on the other hand.
4. In
addition to including music in its programming the BBC exploits the economic
and cultural potential of that programming, whether through secondary sales
abroad or by turning it into other products, some of which are exported. This additional activity is, for the most
part, undertaken by BBC Worldwide, putting the BBC as a whole in a unique
position and providing essential added value for the Alliance and its members.
5. The
Alliance therefore welcomes the opportunity to respond to the Culture Media,
and Sport Committee's inquiry into the commercial operations of the BBC. This paper will confine itself to the aspect
of the inquiry on which the Alliance is most qualified to give evidence, namely
the benefits and opportunities offered to its members by the BBC in its
undertaking of a wide range of commercial activities in the UK and abroad.
The
BBC as public service broadcaster
6. The
BBC's public service broadcasting licence is worth some £50 million a year to
MCPS and PRS together, accounting for 10% of the royalty income the Alliance
collects for distribution each year. The
scope and scale of the BBC's PSB programming provides an extraordinarily
important platform for the entire breadth of the repertoire of music
represented by the Alliance. The
music usages reported by the BBC show
that it draws on all genres, on niche as well as commercial music, and that it
breaks new music as well as uses existing music, making it an essential outlet
for some genres of music which would otherwise only be able to reach very
limited audiences.
7. The
BBC is also a major commissioner of music for a broad range of uses, ranging
from theme music for new programmes to serious contemporary music, so providing
important employment to composers and songwriters and encouraging the
development of the UK's cultural life.
The BBC's orchestras play a vital role in supporting composers of newly
commissioned music by performing it to the highest standards in live concerts
and for inclusion in programmes that are broadcast, so ensuring that the
composer's work enjoys the best possible exposure to audiences. Its
role in commissioning, performing and broadcasting serious contemporary
music has positioned the BBC at the heart of the British music scene and has
created a dependence on the BBC for a culturally important genre of music but
one which does not generally have intrinsic commercial value. Whilst the commissioning aspect of the BBC's
role falls outside the scope of the Alliance's licence to the BBC (with the
exception of when new music is broadcast) it has a direct and very important
bearing on the lives of the songwriter and composer members of the Alliance,
providing them with an alternative and supplementary source of income.
8. The
Proms and other live concerts and festivals provide a very important income
stream to Alliance members by virtue of a separate performing right licence
from PRS.
BBC
Worldwide's added value
9. BBCWW
generates valuable additional income for the Alliance and its members through
its commercial activities, both as an extension of its public service offerings
and through originating new programming and other commercial activities which
make use of music. The value to MCPS of
additional licences from these activities is currently worth in the region of
£10 million per annum. To the extent
that these activities consist of broadcasting abroad, further revenue flows
back to PRS from overseas societies.
Additional
value flowing from public service broadcasting
10. BBCWW
plays an increasingly important role in maximising both the economic and
cultural value of the BBC's public service broadcasting output which in turn
provides a commercial benefit to the Alliance and its members over and above
the public service broadcast licence and any commissioning fees to composers,
on account of the use of music in the original output. This takes a number of forms including:
10.1. The
sale of programmes to overseas broadcaster: BBCWW acquires a secondary use
licence for this from the Alliance and the overseas broadcast of those
programmes generates performing right income in the country of broadcast which
is then remitted to PRS by the equivalent collecting society in the country of
broadcast for onward distribution to the member owning the music in question;
10.2. The
manufacture and sale of CDs and DVDs: BBCWW acquires a licence from MCPS;
10.3. The
sale of TV programmes to internet services: this entails another secondary use
licence from the Alliance.
11. BBCWW
originates or invests in channels, many of which benefit from a secondary use
of its own public service broadcast programming, including UKTV in the UK and
BBC World News and BBC Prime abroad.
BBCWW acquires a separate licence from the Alliance for the music on such
channels. Alliance members also earn
from the broadcast of those channels abroad, the income from which flows back
to PRS from the overseas societies.
12. BBCWW
sometimes co-commissions programmes being produced for public service
broadcasting by the BBC where they are likely to have commercial potential,
whether they are being produced by the BBC or other producers.
Additional
value flowing from BBCWW's commercial activities
13. BBCWW
has used the resources and opportunities available to it from the BBC and more
widely to initiate some innovative projects involving music which few others
would be likely to be in a position to risk.
An example of this is the BBC Electric Proms in which last year the
Kaiser Chiefs performed arrangements of their songs by film composer David
Arnold, to great critical acclaim.
14. BBCWW's
extensive international reach has the added advantage for British composers and
songwriters that their music reaches the widest possible audiences. This aspect of BBCWW's activities makes an important
contribution to the export of British music and British culture generally. The UK is a net exporter of music and BBCWW's
activities help to consolidate that position.
15. Furthermore,
the combination of the BBC's very strong brand with British music and culture,
which are each held in very high esteem in their own right abroad, serves to
enhance the reputation of our country in ways which are not only measurable in
economic terms.
Conclusion
16. Whilst
it is accepted that BBCWW could almost certainly not achieve all that it does
without the benefit of the BBC Licence Fee and the existence of the BBC, we
believe that it is currently using its advantage to benefit and enrich the
musical life in the UK and its reputation abroad in ways that no other organisation
could. As far as music is concerned the
BBC is providing an essential service for the benefit of the 60,000 members of
the Alliance and this deserves continuing support and encouragement.
October 2008