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PRS comments on LIVENow litigation
By Chris Cooke | Published on Friday 13 January 2023
UK collecting society PRS has commented on its decision to sue livestreaming platform LIVENow over allegations that the digital firm delivered livestreamed shows without the right licences in place covering the songs that were performed.
The collecting society says that “no PRS member has been paid for the use of their songs” featured in shows streamed by LIVENow. And that includes “the globally-streamed Dua Lipa ‘Studio 2054’ online event in November 2020 – the highest viewed online concert worldwide”.
The licensing of livestreamed shows became a big talking point during the COVID-19 pandemic when livestreaming suddenly became a much bigger deal.
Promoters of live shows and digital platforms streaming music both need to secure licences covering any songs that are used, of course. But the licensing of live and the licensing of digital work quite differently, raising questions about how livestreamed shows should be licensed, more like a live show or more like a stream.
During the pandemic PRS launched a new licence covering livestreams which sought to answer those questions and to simplify things as much as possible. Although there was plenty of criticism in the wider music community about that licence and the accompanying price point, and the way the whole thing was worked out.
Nevertheless, licences are needed covering the songs performed in livestreams and PRS has a system for issuing those licences. And yet, it seems, LIVENow failed to get any such licences for its livestreamed shows.
Gavin Larkins, Director Of Commercial Development And Sales at PRS, says: “PRS For Music’s role is to ensure songwriters and composers, here in the UK and around the world, are paid when their music is used. We take this responsibility very seriously”.
“We provide a licence for businesses who offer ticketed online concerts and have licensed many users under this scheme”, he goes on. “LIVENow chose not to obtain this licence prior to launching its programme of online concerts, including the globally-streamed Dua Lipa ‘Studio 2054’ online event in November 2020 – the highest viewed online concert worldwide”.
“No PRS member has been paid for the use of their songs in this event or the other concerts held by LIVENow”, he adds. “For more than eighteen months, PRS For Music has positively engaged in licensing negotiations with LIVENow. These discussions remain unresolved and as such we have taken action to defend the rights of our members and songwriters of other societies”.
Honing in on the lawsuit that was filed last month and made public this week, Larkins concludes: “Litigation has been put in motion to ensure we can collect the royalties due from LIVENow and its parent company Aser Ventures. We hope to resolve this issue, so that music creators can finally be paid for the use of their works”.
