You may now need a licence to broadcast TV news

Some golf clubs may have to purchase a ‘motion picture licence’ in order to broadcast news on televisions in their clubhouses, due to recent developments.

In the April 2022 issue of The Golf Business, Alistair Smith, CEO of the National Golf Clubs’ Advisory Association (NGCAA), reveals that several golf clubs have been contacted by the Motion Picture Licensing Company (MPLC) in recent weeks.

The NGCAA contacted the MPLC and has discovered that the number of rights holders it represents in order to prevent unauthorised use of copyright has nearly quadrupled in less than four years, and now includes visual media companies that have content on news channels.

In addition, a change to section 72 of the Copyright, Designs and Patents Act 1988 (CDPA) has brought the showing of broadcast television programmes and films in public places within the scope of potential motion picture licensing.

“This means that an MPLC licence will be required if news channels are shown in golf clubs. It was previously excluded like music and sports channels so golf clubs should review their practices and consider if they require a licence,” says Smith.

“If you make a specific charge for the screening of a TV show or film, then you will need a motion picture licence. If there is no specific charge made by the club for the showing, for example that the TV is in the bar of a members’ golf club where fees are paid for golf membership, then there may still be a requirement for a licence, but there are exceptions.

“The MPLC licence applies to films and television programmes so if you show films or TV programmes in the communal areas of your club (bar, restaurants, lounge areas and so on) a licence is required. There is no requirement for a motion picture licence if the television in your communal areas only shows sport (for example Sky or BT Sport) or dedicated music channels.

“A golf club could also avoid the need for a motion picture licence if it switched on and off certain channels for specific broadcasts. For example, if a World Cup football match was on BBC1 at 7pm and finished at 9pm, the club would not need a motion picture licence if it switched on and off at exactly those times – that is, it was restricted to showing sport and no other TV shows or films.

“In order to prevent liability for the licence fee and from prosecution, the club must have a mechanism in place to ensure that it is only showing sport or dedicated music channels. A procedure must be in place to ensure that the TV is switched off after the live sport content has ended. The idea of leaving the TV controls out on the tables for members to switch around would have to end; keeping the controls under the strict control of the manager with a clear understanding of the licensing requirements may assist in discharging the obligation to have a robust mechanism in place.

“Those clubs who have received contact from MPLC would not need to obtain the motion picture licence provided that they do not charge separately and specifically for the broadcast AND provided that they can demonstrate that they show nothing other than sports and music channels.

“The fee itself for an MPLC ‘Umbrella Licence’ is not normally expensive and we have heard many golf club managers opting to simply pay the licence fee in order to allow members some flexibility in what they watch and to avoid any potential court proceedings.”

See the full article in the April issue of The Golf Business.