Backdated up to six years: what a PPL PRS claim for prior use means

If a business played commercially released music without the appropriate licence, PPL PRS can pursue payment for that prior use — and because copyright claims in the UK generally run to a six-year limitation period, a backdated demand can in principle reach back up to six years. That’s the source of the large, alarming figures some owners see in their very first letter. It doesn’t mean the figure is automatically correct, or that you have no options.

Is a six-year backdated bill legal?

Charging for genuine prior unlicensed use is a legitimate copyright position, and six years reflects the standard limitation period for such claims. But ‘legitimate in principle’ and ‘correct as calculated’ are two different things. The period, the premises details, the usage category and whether a higher rate has been applied correctly all affect the number — and all are worth checking rather than accepting at face value.

How is the backdated amount worked out?

• The number of years you’re said to have been unlicensed (up to six).
• The tariff that applies to your premises and how you actually used music in that period.
• Whether the first-year higher royalty rate (standard + 50%) has been applied — and only to the correct year.
• Any changes over the period: a refit, a downsizing, a change in how music was used, or sites that opened or closed.

Because the calculation stacks several assumptions on top of each other, an error in any one of them — an overstated floor area, the wrong usage category, the higher rate applied to too many years — can inflate the total significantly.

What should I do if I get a backdated demand?

First: don’t panic, and don’t ignore it. A backdated claim is a negotiation about facts, not a fixed penalty. Gather what you can about how and when music was actually used, and get the calculation checked against the published tariffs before you agree to anything. It’s often possible to correct the assessment, and sometimes to reduce the assessed period or figure where the facts support it.

Where we can help

We’re independent (not affiliated with PPL PRS Ltd, PPL or PRS for Music) and we do this every day. Send us the letter and any invoices and we’ll check the backdated calculation for free — the period, the tariff, the higher-rate element and the premises details. If it’s overstated, we’ll help you put the correct position; if it’s right, we’ll tell you honestly. No savings, no fee.

• The 50% higher royalty rate explained →
• Do I need a music licence for my business? →
• How to check your music licence invoice →

This guide is general information, not legal advice, and MLC is an independent consultancy — not affiliated with PPL PRS Ltd, PRS for Music or PPL.