INTRODUCTION
We thought we would initially cover two areas in this section, Noise Nuisance and Copyright. Please let us have your ideas on how we can develop this, or any other part of our site.
NOISE NUISANCE
Noise is a form of pollution and a legal "nuisance". If your local Rock and Roll band starts playing a little too loudly for your liking then there are various steps you can take to try to resolve matters.
PRACTICAL STEPS TO TAKE
- TALK TO THEM: Approach them and politely tell them your concerns. Quite often this does the trick and a suitable and reasonable compromise can be reached.
- DISCUSS WITH OTHER NEIGHBOURS: If no progress is made then discuss the matter with your other neighbours. A problem shared is a problem halved. If they agree then you may be able to sort matters out by way of a joint and concerted approach.
- KEEP WRITTEN RECORDS: Write a polite letter and keep a copy. Also keep a diary of the noise when it starts and stops etc.
THE POLICE
If the police are called they will ask for the noise to be turned down. Otherwise there is not much they can do, unless they fear that some sort of criminal offence is going to occur such as a breach of the peace.
LOCAL AUTHORITY
The Local Authority Environmental Health Department will get involved if the noise becomes a serious problem. They will require a fair amount of detail and if they are satisfied the problem is genuine and serious they will initially write a letter. If the problem continues then a legal notice can be served that the noise levels must be stopped or reduced.
MAGISTRATES COURT
It is possible for the Local Authority or an Individual to take court action by applying to the magistrate’s court for an order.
NOISE ACT 1996
This act creates a night noise offence and sets out permitted levels of noise during night hours of 11pm and 7am. A notice can be issued and if the noise is not stopped then any equipment creating it can be confiscated and a fine can be imposed.
COPYRIGHT
Copyright is an exclusive right granted to authors of creative works that provides the owner with the exclusive right to prevent others from infringing those rights. Copyright gives the owner of the work the right to stop others reproducing it without his or her consent. The use of reasonable extracts for research, criticism, review or reporting of current events does not infringe copyright.
BREACH OF COPYRIGHT
Breaking copyright is treated as a form of theft. The law is usually enforced against people who make illegal copies and sell them.
COPIES FOR OWN USE
If someone buys a Book, CD, Tape, or anything else then they can make a copy of it so long as it is for their own personal use. However copying someone else’s Book, CD, Tape etc is illegal.
LICENSING AGREEMENTS
Licensing agreements are contracts, which set out agreed terms and conditions for the licensing of musical works.
ROYALTIES
Royalties are arrangements where copyright owners receive a payment as a basis upon permission to use the works can be given.
MCPS
MCPS stands for the Mechanical Copyright Protection Society. This is a membership organisation that represents thousands of songwriter’s, composers and music publishers. MCPS negotiates agreements for those who wish to record music and ensures that copyright owners are paid for the use of their music.
