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Grease monkeys’ music may cost more than peanuts

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The Scotsman reported on 21 June that car repairs service, Kwik Fit, is embroiled in a legal challenge from the Performing Rights Society (PRS), on the grounds that constant radio play in many of its UK garages is creating a tide of copyright infringement.

For over a decade, the PRS has tried to encourage the firm to purchase a blanket Performing Rights license for its 600 outlets, proceeds from which would be filtered back into the royalties of up to 32,000 artistes. The organisation argues that blaring radio speakers used to mask the sound of mechanical tools in Kwik Fit workshops could be heard by members of the public; therefore, any instance of public reception of the sound from a Kwik Fit radio is, effectively, a performance.

Following continued opposition to this view, the PRS took Kwik Fit to court in Edinburgh this week, aiming to net damages in the region of at least £200,000 for backdated license fees. The body estimates that Kwik Fit could be liable for up to £30,000 for every year it has ignored the demands.

Kwik Fit counsel, Mark Lindsay, admitted that instances of radio play had been detected during a branch survey of 2004, but said: ‘It was carried out in a health and safety context, and it has never been accepted that music was being played that could be heard by members of the public. We would dispute whether there is a “public performance” at all.’

PRS solicitor-advocate, Craig Connal QC, said: ‘There have been attempts to seek agreement over a long period on this matter, but regrettably these efforts have been unsuccessful.’

The case will be heard until all the relevant legal arguments have been aired. Click here to find out more about the PRS licensing scheme.