PRS for Music – the society which represents approximately 111,000 UK songwriters, composers and music publishers – has taken legal action against SoundCloud, the online audio streaming service.
SoundCloud, which is based in Berlin and used by 175 million people each month, allows people to listen to music for free, but it does not have licences for all the songs it makes available, unlike other services like Spotify and Apple Music.
Due to its failure to sign a licensing deal, PRS made it clear that it had no option but to sue SoundCloud for copyright infringement.
In a statement released to its members, PRS said: “Following five years of unsuccessful negotiations, we now find ourselves in a situation where we have no alternative but to commence legal proceedings against the online music service SoundCloud.”
However, SoundCloud claims that it is protected by “safe harbour” legislation.
First introduced in the US in 1998 and then later on in Europe in 2000, the legislation means that companies must only remove content that is said to infringe copyright if the relevant rights owner informs them of the offence.
PRS, however, is arguing that the “safe harbour” rules do not apply to SoundCloud, as part of its case filed with the High Court.
During the course of the last 12 months, SoundCloud has signed licensing deals with Warner Music and several other music rights owners, but its failure to sign a deal with PRS has reportedly revealed its aversion to paying for individual song rights.
In response to the lawsuit, SoundCloud said: “No one in the world is doing more to enable creators to build and connect with their audience while protecting the rights of creators, including PRS members.
“We are working hard to create a platform where all creators can be paid for their work.”