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Group claims music body is using ‘divide and conquer’ tactics

The Bermuda Music Users Group (BMUG) has called for a UK music copyright group to stop “divide and conquer” tactics in its efforts to collect revenue from local businesses.

PRS for Music has been present on the Island for many years, but while it has historically sought contracts with broadcasters and hotels, BMUG said the group is now turning its attention to smaller businesses who use copyrighted music.

BMUG spokesman Ben Fairn said: “If this is the beginning of a major licensing campaign of expanded scope and potential new cost to Bermuda businesses, [we] would suggest that PRS stand-down from its divide and conquer approach to individual businesses, apply some transparency and work with the BMUG to negotiate how terms and license fees will be applied in the Bermuda market.”

BMUG has expressed concerns PRS will attempt to force UK licensing tariffs on the Island.

While PRS has a price guide for Bermuda online, Mr Fairn said neither he nor anyone in the group had seen or been directed to the guide by PRS.

“[PRS] have not been forthcoming in any discussions about it to date,” he said. “[The price guide] is new, and it’s getting some very strong reaction.”

He also said the copyright group is taking a “divide and conquer” approach by negotiating with businesses separately rather than as a group, calling for greater transparency.

“We are willing to pay and we want to pay licencsng fees because it’s the right thing to do, but it’s wrong for me to pay 15 percent and the person down the road to pay ten percent or twenty percent.” Mr Fairn said.

“PRS has indicated to some firms and charities that they will offer them protection from retroactive fees if they sign immediately.

“This threat of an unknown financial liability, to force acceptance of their UK published fee structure, shows their intent to take advantage of local organisations which presume they must accept what appears to be approved terms and fees.”

Mr Fairn also expressed concern that while Bermudian businesses and groups will receive higher bills, Bermudian artists may not see the benefit: “We believe it is equally appropriate for BMUG to form a collective to negotiate rates and terms that will be in the best interest of Bermuda residents that stand to pay millions to a foreign agency with virtually no income circulating back to Bermuda artists.

“There are currently more than a hundred local artists that compose and perform their music here on the Island, and they have never been approached by PRS in their lifetime, and yet the fees being collected on their behalf go directly to London.

“This has been going on for many years, and so you would understand why there is concern.”

PRS spokeswoman Olivia Chapman has said while the organisation’s general tariff is available online, the group are not opposed to speaking with groups such as BMUG about any concern they might have.

“The starting point for us is to hear what the specific issues are, who holds them and how they arise,” she said last month. “We’re not opposed to speaking to any groups or individuals about the concerns they have.

“We often engage groups to share information and best practice when it comes to music copyright and licensing.”

BMUG will be holding a meeting at 5.30pm on November 27 at the Bermuda Chamber of Commerce headquarters, and they are urging anyone interested in learning more about the issue to attend.

The group will also discuss the creation of industry specific subcommittees to consider a collective bargaining position.