Valve Corporation, the company behind the widely popular PC gaming platform Steam, is once again embroiled in legal challenges within the United Kingdom. This time, the Performing Right Society (PRS for Music), a prominent organization responsible for collecting royalties on behalf of musicians, has initiated legal proceedings against Valve. The lawsuit alleges that Valve has been distributing music by PRS members through games and their soundtracks on Steam without obtaining the necessary licenses.
According to PRS for Music, numerous games available on Steam incorporate musical works created by their members. The organization contends that by making these games and their associated soundtracks accessible to the public via streaming and download, Valve is effectively “communicating these works to the public without a licence.”
Dan Gopal, Chief Commercial Officer at PRS for Music, underscored the importance of protecting artists’ creative output. “Our members create music that enhances experiences, and PRS is dedicated to upholding the value of their contributions with integrity, transparency, and fairness,” Gopal stated. He further added that while legal action is not undertaken lightly, it becomes a necessity when fundamental principles are undermined. “Excellent videogames rely on exceptional soundtracks, and the songwriters and creators behind them deserve due recognition and fair compensation for their art.”
Initially, there was some confusion regarding the lawsuit’s exact scope, with many assuming it exclusively concerned official game soundtracks. However, a PRS spokesperson clarified that the legal action encompasses *any* music present within games, as well as standalone soundtracks, that Valve has not individually licensed for distribution. For example, while a game publisher like Rockstar might secure licenses for PRS members’ music featured within a Grand Theft Auto title, PRS asserts that these licenses do not extend to Valve’s separate act of making the game—which contains the music—available for online distribution to consumers.
Understanding Copyright and “Making Available Online”
The PRS spokesperson further explained that copyright law grants rights holders control over specific actions, including copying, public performance, broadcasting, and the act of “making available online.” Permission from rights holders, typically acquired through a license, is mandatory for such uses of copyrighted material like music. PRS represents composers, songwriters, and music publishers, managing licenses for these various uses of their musical works.
“In this particular instance, the unauthorized act is the online distribution of the music,” the spokesperson elaborated. “While the composer or publisher may have authorized the game developer to use the work within their game, a separate act is performed by the platform operator when the game (or its soundtrack) is offered to consumers for streaming or download.” Since Valve operates the Steam store and facilitates these downloads and streams to customers, PRS argues that Valve plays a crucial role in providing public access to this music and therefore requires its own distinct licensing.
PRS’s History and the Timing of the Lawsuit
This legal dispute appears peculiar and potentially overreaching to many, particularly for those unfamiliar with the intricate nuances of UK copyright law. Nevertheless, PRS for Music possesses a notable history of aggressive enforcement actions. Past instances include suing a Scottish auto repair shop in 2007 because employees listened to radios at work, pursuing a woman in 2009 for playing classical music to her horses, and even attempting to charge a grocery store worker for singing while stocking shelves in the same year. The latter case, however, provoked significant public outcry, leading PRS to retract its demand and issue an apology.
Regarding the timing of this recent lawsuit, PRS indicated that they had sought the necessary licenses from Valve “for many years without appropriate engagement.” The group also highlighted that Valve is currently embroiled in another substantial UK lawsuit, estimated at $900 million, concerning alleged overcharging of gamers and abuse of a dominant market position. It appears PRS may have chosen to act while Valve is already under significant legal scrutiny.