Valve is facing a new legal headache in the UK, and this one is definitely not like the others. The Performing Right Society, a rights management organization that collects royalties on behalf of musicians when their work is played publicly, has launched legal action against Valve over its use of PRS members’ music on Steam without permission.
The PRS says that many of the games available on Steam feature music made by its members, and that by making those musical works available to the public via streaming or download, “Valve is communicating these works to the public without a licence.”
“Our members create music that enhances experiences and PRS exists to protect the value of their work with integrity, transparency, and fairness,” PRS for Music chief commercial officer Dan Gopal said.
“Legal proceedings are not a step we take lightly, but when a business’s actions undermine those principles, we have a duty to act. Great videogames rely on great soundtracks, and the songwriters and creators behind them deserve to have their contribution recognised and fairly valued.”
I initially assumed that this lawsuit was specifically about game soundtracks on Steam, which struck me as odd because surely no major game publisher would release an official soundtrack without the proper licenses in place. But a PRS spokesperson clarified that the action is related to any music, in games as well as soundtracks, that Valve hasn’t separately licensed for distribution.
So, for instance, Rockstar will have obtained licenses to use PRS members’ music in Grand Theft Auto games, but the PRS says those licenses do not allow for the separate act of making the game, which contains the music, available online.
“Copyright law gives rights holders control over certain acts, including copying, public performance, broadcast, and making available online,” the spokesperson explained to me. “When someone wishes to use a copyright work like music in this way, permission from the rights holders is required, which is normally done via a licence. PRS represents songwriters, composers and music publishers, and licenses these uses of their musical works.
“In this case the relevant act which has not been authorised is the making available of the music online. The composer or publisher of the music may have cleared the rights for the work to be used by the developer in the relevant game, but there is a separate act carried out by the platform operator when the game (or its soundtrack) is made available to consumers for streaming or download .
“Valve operates the Steam store and is responsible for the downloads and streaming delivered to customers via its platform. Valve therefore plays an essential role in giving the public access to that music.”
It all seems very odd to me, and a real reach too, although I readily acknowledge that I’m not familiar with the intricacies of UK copyright law and licensing requirements. The PRS does have a history of aggressive behavior with this sort of thing, though. In 2007, for instance, it took an auto repair shop in Scotland to court because its employees were listening to radios at work, which the PRS said constituted public performances of music. In 2009 it went after a woman who played classical music to help soothe her horses; that same year, it told a woman working at a grocery store that she wasn’t allowed to sing while she stocked shelves unless she obtained a public performance license. In that case, at least, the backlash was so furious that the group withdrew the demand and apologized.
As for why it’s launching this legal action now, the PRS said it’s sought the required licenses “for many years without appropriate engagement from Valve.” It also noted that Valve is facing a roughly $900 million lawsuit in the UK for overcharging gamers and “abusing a dominant market position,” so maybe it just decided to strike while the suing Valve iron is hot.
