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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Estonian Prison Service is currently analysing, whether providing prison cells with built-in radio terminals can be considered as communicating music to the public by prisons. This would give the authors, performers and producers of phonograms the right to receive remuneration for this kind of use of their work. To this end, the Estonian Prison Service would appreciate the support of Europris members in responding to the following questions that will assist us in our current review exercise.
No
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No
Radio equipment belongs to the inmates
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?Because the radios (or mp3) belongs to the inmates, prisons have no responsibility in relation to the payment of copyright.
Yes, the prison provides cheap small FM radios. In some prisons there still are built-in radio terminals, but they will be replaced with small FM radios.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No.
No
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?Not applicated
Yes
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No
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Prison Rule 53 states: Current affairs 53.—(1) Subject to paragraph (2), every prisoner may keep informed of current affairs by means of – (a) books, newspapers, periodicals or a radio; and (b) any other medium the Governor may allow. (2) The Governor may restrict, or impose conditions as to, the exercise of the entitlement referred to in paragraph (1) where the Governor considers it is necessary in order to - (a) protect the prisoner from self-injury; or (b) prevent the prisoner from injuring others. In cell television (ICTV) was introduced to all prisons in June 2000. ICTV terminals are also capable of receiving radio broadcasts. SPS does not provide this service for free. Each convicted prisoner is required to pay a nominal sum (periodically reviewed) to ensure that costs are recovered in accordance with the self-funding provision of the policy.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No. There is no requirement to pay individual performers royalties. Appropriate royalties are covered by the various broadcasting authorities. The prison estate is also 'Crown exempt' from paying TV Licencing.
Yes.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?The General Directorate of the Corps of Prison and Court Guard pays the author´s remuneration for the use of musical works by public demonstration through technical means, centrally for all prison facilities on the basis of the Contract concluded with the Association of the Slovak Performing and Mechanical Rights Society (SOZA).
Selected national radio stations can be listened to through the TV in cells. This includes National Prison Radio. Prisoners can also ‘purchase’ a standalone radio in specific category prisons – dependant on good behaviour.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?There are two services for this. National Prison Radio broadcasts inside cells across England and Wales – a blanket licence covers the pay of authors and performers. Prisons may also have a local station that is only broadcast within the prisons – they require a separate licence for the remuneration of authors/performers. These licences are called PPL and PRS licences in the UK.
No.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No.
Yes. Provision of built-in radio terminals in cells is established in the Rules on Equipment and Use of Remand Prisons and Correction Houses.
Are prisons obliged to pay remuneration to authors/performers/producers for providing prisoners with technical means for listening music?No. Amendments to the Rules on Equipment and Use of Remand Prisons and Correction Houses are planned where it should be established that prisons no longer provide the built-in radio terminals in the cells. Inmates shall be allowed to obtain their personal limited capacity radios, with remuneration to authors/performers/producers included in the price.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.