Online Fitness Classes

Due to the measures introduced by the government during the Covid-19 pandemic, PPL and PRS for Music introduced a temporary solution for fitness and dance instructors and fitness centres, to be able to use music in classes delivered online.

Temporary Fitness & Dance Home Streaming Guidance

The following table outlines how fitness and dance instructors and fitness centres who hold TheMusicLicence can use music in online classes streamed live to clients’ homes.

Measure	PPL Temporary Fitness and Dance Home Streaming Policy	Digital Music Licence for Fitness and Dance
What it will cover	Fitness instructors, dance instructors and fitness centres who hold TheMusicLicence covering the relevant PPL tariffs for playing music in classes at their licensed premises, will be able to include recorded music controlled by PPL in classes streamed live to their clients’ homes. The online classes will be treated as if they were classes physically taking place at their licensed premises. See the FAQs below for full details of the PPL Policy.	This mechanical and performing rights licence covers UK fitness and dance operators and instructors (generating under £150,000 applicable revenue per annum) using PRS for Music repertoire and MCPS Commercial Music and Production Music repertoire within online platforms. Customers with applicable revenues over £150,000 per annum will require a bespoke licence and can contact applications@prsformusic.com Fitness instructors, dance instructors and fitness centres can obtain the Digital Music Licence for Fitness and Dance directly from PRS for Music.
Fees	Each online class will be charged at the same rate as a physical class. Therefore if an instructor has been unable to provide a physical class due to enforced closure under the COVID-19 lockdown measures, but instead has provided that class online, there will be no additional fee for that class under TheMusicLicence.	Details of the Digital Music Licence for Fitness and Dance, including pricing can be found here. The application process can be completed online through the PRS for Music website. You should apply for the Digital Music Licence for Fitness and Dance here.
What fitness instructors, dance instructors and fitness centres will need to do	This will be dealt with at your next review. You should keep a note of all the classes conducted online (as well as standard classes held before and after lockdown) and declare them when we contact you at your next annual review (either directly under your own licence or through the gym where you work). A supplementary invoice or credit note will be raised at that point based on the total number of classes delivered.	PRS are introducing the new Digital Music Licence for Fitness and Dance to offer a better experience than the current LOML. The new Digital Fitness and Dance Licence covers live streaming and On Demand streaming of fitness and dance classess online. See the following FAQ’s for further information on the Digital Music Licence for Fitness and Dance and how to apply for it. Further details can be found here.

FAQs

The following FAQ’s are broken down into two sections to cover PPL’s Temporary Fitness and Dance Home Streaming Policy and the PRS Digital Music Licence for Fitness and Dance.

Measure

PPL Temporary Fitness and
Dance Home Streaming Policy (“PPL Policy”)

PRS Digital Music Licence for Fitness and Dance

How long will I be able to stream fitness classes online under the measures that PPL and PRS for Music have put in place?

The PPL Temporary Fitness and Dance Home streaming policy will initially be applied to the period from 23 March 2020 to 31 December 2025. PPL will continue to monitor the situation and may (as a matter of discretion) extend this further while relevant social distancing measures remain in place.

This is a strictly temporary and non-precedential policy, adopted by PPL in response to the exceptional circumstances of the COVID-19 pandemic.

The new Digital Fitness and Dance Licence covers live streaming and On Demand streaming of fitness and dance classess online.
Further details can be found here.

Who does the PPL Policy/PRS for Music Digital Music Licence for Fitness and Dance apply to?

This policy only applies to individual fitness and dance instructors, dance schools, gyms or fitness centre operators that hold TheMusicLicence covering the relevant PPL tariff(s).

Where instructors are conducting live online classes on behalf of a gym, fitness centre, or dance studio operator, the operator will remain responsible for declaring the correct number of classes to PPL PRS.

If you are unsure about whether the PPL Policy will apply to you, please call PPL PRS on 0800 0720 808 and we would be happy to talk through this.

The new Digital Music Licence for Fitness and Dance offers a better experience than the current LOML. PRS have designed this licensing solution so that customers can make the most of PRS & MCPS members’ repertoire, allowing their attendees to enjoy exercising to commercial music. This new licence is specifically tailored to smaller UK operators and instructors earning under £150,000 of applicable revenue per annum.

This licence does not cover content on platforms such as YouTube, Twitter or Facebook (inc. Instagram). This is because these services already may already be licensed to cover content hosted on their platforms, including content uploaded by their users. Any potential licensee should ensure they follow the terms of use and copyright requirements of these respective platforms.

Further details can be found here.

What is the scope of the PPL Policy/PRS for Music Digital Music Licence for Fitness and Dance?

What is included:

The PPL Temporary Fitness and Dance Home Streaming Policy covers classes streamed live to a closed group of clients either via:

a dedicated online platform operated by the business/instructor (such as their own website) where the classes can only be accessed by their clients, or

private live feeds on one of the following platforms:

o Facebook Messenger;
o  FaceTime;
o  Google hangouts;
o  Microsoft Teams;
o  WhatsApp; or
o  Zoom

In order to be covered by PPL’s policy, the classes must also fall within the below criteria.

The online classes must be:

up to a maximum of 60 minutes in duration;

streamed to closed groups with a maximum class size of 60 persons. Where classes are over 60 persons in size, each additional 60 persons (or part of) should be charged as an additional class;

streamed live to clients with no option to download or view the class on demand; and

run by individual instructors, dance schools, gyms or fitness centre operators that already hold TheMusicLicence covering the relevant PPL tariff(s) OR instructors at currently licensed gyms and fitness centres wishing to continue their classes independently from the gym/centre

What is excluded:

This policy is intended to cover the live streaming of classes to private/domestic locations.

The policy will not cover:

Classes uploaded for on-demand streaming via user-generated content services and social media services and platforms such as Facebook, YouTube, Twitch, Twitter or Instagram.

Classes conducted via Facebook Live or streamed live over YouTube

Downloadable classes.

Other online platforms and apps that are not listed in the inclusions above.

Please note that we can take no responsibility for the blocking of audio by third party streaming platforms/services.

This licence is designed for UK digital services offering on-demand or live streamed content of fitness classes or dance lessons. For clarity, this licence only covers UK services generating less than £150,000 per annum.

Repertoire:
1. PRS repertoire and that of affiliated societies
2. MCPS Commercial and Production Music repertoire

Rights:
-The communication to the public of PRS Repertoire
-Mechanical rights in MCPS commercial repertoire works for the purpose of making such repertoire and content available for use on the licensed
service.

Further details on the scope can be found here.

What if I am an Instructor who normally teach classes in gyms licensed by PPL PRS but wish to stream classes independently to clients’ homes during the Covid-19 outbreak?

If you are an instructor who previously taught classes in a gym, fitness centre or dance studio that is already licensed by PPL PRS and now wish to be covered for streaming classes to clients’ homes independently (i.e. not on behalf of the gym, centre or studio), you will need to take out TheMusicLicence yourself before you can benefit from the PPL home streaming policy.

You can contact PPL PRS on 0800 0720 808 and a new licence can then be issued under the relevant PPL tariff(s) for the fitness or dance classes you wish to provide. Once you have obtained this, PPL will treat you as eligible to benefit from the home streaming policy (subject to the other terms of that policy as set out in this document).

Please note: you will also need to contact PRS for Music separately to obtain the Digital Music Licence for Fitness and Dance, in order to be fully covered for streaming classes to clients’ homes.

Further details about the scope of this licence and how to calculate the charges can be found here.

What are the fees for classes under the PPL Policy/PRS for Music Digital Music Licence for Fitness and Dance and what will it mean to the cost of TheMusicLicence?

While the PPL Temporary Home Fitness and Dance Streaming Policy is in place, the fee for each class streamed will be charged at the same rate as a class under PPL’s standard Fitness and Dance tariffs (i.e. the online class is treated as if it had been a class physically taking place at the licensed premises).

A full list of fees can be found here.

The Digital Fitness and Dance licence is an annual licence after which point it shall automatically renew for the following 12-month licence period and will continue to be issued for continuing years on a rolling basis, unless formal notice of termination of the licence is received. Fees start from £193 + VAT for a 12-month rolling licence. Every year the rates in this tariff will be adjusted for inflation.

The application process can be completed online through the PRS for Music website.

Further details on the pricing of the Digital Fitness and Dance licence can be found here.