Mansfield’s Rewind club which boasts on the internet that it’s the town’s “number one place to party” has been hit with a High Court music ban - and club bosses have been ordered to pay nearly £900 in legal costs.
The club’s owners faced the legal music at the court in London where one of the country’s top judges banned any further music being played there until music licences are brought up to date.
Mr Justice Barling made the order against Rewind (Mansfield) Ltd, Steve Calladine and Roy Barrick, who were caught playing recorded copyrighted tracks at the venue, at 38 Clumber Street, without a licence from Phonographic Performance Ltd. The judge also ordered them to pay PPL’s legal costs of £872, by 27 October. The company, Calladine and Barrick, were not in court and not represented.
Failure to obey the order and turn any premises they run into a music-free zone until all licence fees are brought up to date would be regarded as contempt of court, the penalties for which can be fines of up to £10,000 and up to six months prison for individuals responsible.
The pay-up or shut-up order was imposed after the judge heard that a PPL inspector heard music being played on the premises, when they did not hold a PPL licence. The inspector heard tracks including “On My Mind (MK Remix)”, “Trick Me” and “Waterfalls” on October 30 last year.
Lawyers for PPL had told the judge that solicitors had sent letters to the premises informing them of the nature and extent of PPL’s repertoire and the fact that the playing in public of sound recordings without PPL’s licence or permission constitutes infringement of its copyright, and inviting them to acquire a licence.
The ban applies to all forms of mechanically recorded music such as records, tapes and CDs in PPL’s repertoire.
The case serves as a warning to all premises in the area – clubs, pubs, shops and other venues - where music is played and the public are present that the PPL music police have their eye on the region.
Christine Geissmar, operations director at PPL said: “There is an intrinsic value that recorded music adds to businesses, and this judgement acknowledges that the performers of the music and record companies should be fairly rewarded.
“Businesses that choose to play recorded music without a licence may face legal action and financial and other consequences as a result. Legal action is only ever sought as a last resort where a business continues to play music following repeated attempts from PPL to get the correct licensing in place.
“PPL issues licences to hundreds of thousands of businesses and organisations across the UK when they play recorded music to their staff or customers. Licensees include bars, nightclubs, shops, hotels, offices, factories, gyms, schools, universities and public sector organisations up and down the country.
“After the deduction of PPL’s running costs, all licence fee income is distributed to PPL’s record company and performer members. The majority are small businesses, all of whom are legally entitled to be fairly paid for the use of their recordings and performances. PPL does not retain a profit for its services.”