No. APRA have reciprocal agreements with over 60 affiliated collecting societies around the world. This means that when Van Morrison's music is performed in New Zealand APRA is able to licence it and collect licence fees. These fees are then paid to the Irish collecting society (IMRO) whom in turn pays Van Morrison. Similarly when Dave Dobbyn's music is played in Ireland IMRO, the Irish society are able to licence the public performance of his music, collect licence fees on APRA's behalf, pay these fees to APRA who then pay Dave Dobbyn.
You have to pay a licence fee because the music is of value to you and your customers and the law sets out that licence fees must be paid. If the music had no value then you wouldn't be playing it. The Copyright Act 1994 requires that a licence must be acquired by a user of music in order for that user to perform a copyright musical work. It is based on the concept that a writer's creation is a property right. It is their property or creation and they should be able to derive some form of compensation from the use of their work.
You will need to clear the rights with the song writer. You could do this through APRA|AMCOS if the songwriter is a member of APRA|AMCOS, otherwise you will need to contact them direct.
The APRA repertoire currently consists of some 2.5 million works. To print out a copy of APRA's entire repertoire would take 27 hours and 57,451 single A4 sides of paper. APRA would always be happy to confirm whether a writer's works are within their repertoire. But users of music can be confident that APRA's repertoire covers everyone from Shostakovich to the estate of John Lennon, from rapper LL Cool J to Slim Dusty, from Che Fu to acclaimed film composer John Williams.
APRA is a non-profit organization. The principle underpinning its operation is that all revenue collected, including licence fees and interest earned, is distributed to members (or the overseas societies) less only its operating/administration costs. Currently APRA's total costs run at approximately 13% of its total income. APRA therefore distribute around 87% of its revenue. This is seen as being one of the most cost efficient collecting societies in the world.
Under the Copyright Act 1994 the person who authorises the infringing act infringes copyright. It is not the bands responsibility to take out a licence. That would be like asking the band to pay for the wear and tear on the carpet on the dance floor. It is the owner of the pub, bar or restaurant that authorises the performances therefore is obliged to take out the licence.
Remember that APRA collects royalties on behalf of the music writer or their publisher only. Often the music writer will not be the performer on the CD. Once all the recording, distribution, marketing, tax and performers expenses have been deducted there is often little left for the person who wrote the music. Also CDs are sold for the use in the home. Buying a CD does not give the owner the right to then use it in their business to create an ambience, provide entertainment, etc. That is a separate use and as such requires permission. An analogy would be the hiring of a video. When you hire a movie from your video store you are EXPRESSLY forbidden to publicly perform that movie. Otherwise people might start small cinemas showing movies that they've hired for $5. The logic applies equally to someone buying a CD. An APRA licence grants permission to play a CD on your premises in public.
Again remember that APRA act on behalf of the music writer. The band may be playing "covers" which are not original songs and therefore won't receive anything from APRA as only the writer of the songs stands to earn any royalties. Even if the band is playing original music then when you authorize the performance you are obliged under the Copyright Act 1994 to obtain a licence, not the performers. An APRA licence gives you this permission.
In terms of background music licences it would be unrealistic to expect the licence holder to provide information as to music used. The licence scheme offered to the licence holder must be workable for both parties. There cannot be an undue burden placed on the licence holder, as that would not be workable. The licence fees collected from these licences are distributed along a formula that is arrived at once all the music played on radio has been analysed by APRA. It is envisaged that the music played in bars, restaurants, retail shops etc will mirror the music played on the radio.
APRA administers over 60,000 public performance licences in New Zealand and Australia. It is obliged to offer a licence to anyone who is willing to comply with the terms of that licence. If there is a business that is not licensed then APRA take whatever steps are necessary to ensure that they do comply with their legal obligations.
There is a separate copyright in the music embodied in all TV programs. Sport broadcasts especially place an important emphasis on the use of music in their programs. It is true that the writer may have been paid to write the specific music for the show but that does not allow the broadcast to be made without a licence to the public. Your use of this broadcast and the music behind it is to provide your customers with a service that will provide you with commercial benefits. The composer should receive some small compensation!
No. The televisions and radios are being played in a private situation. However, where DVDs/videos are used, you may need permission from the distributor.
There are two independent but parallel copyrights that subsist in a musical recording: (i) the author's right in the underlying musical work and (ii) the person or company that made the aggregation of sounds that makes up the sound recording (the sound recording is the actual recording on a CD, for example). Generally speaking APRA represents the music writer while PPNZ represent the record company or performer. The two organisations are not related.
Music played at home, in personal transport, or in a hotel room is considered to be a domestic performance of music and does not require permission. However, when a business plays music for the benefit of clients or staff, this is a public performance and may therefore require an APRA licence.
APRA has been licensing the use of music in New Zealand and Australia since 1926. The idea of a collecting society of music writers is not unique to this country. The first collecting society was formed in France in the 1850s. A vast majority of countries around the world have similar organizations.
Under the Copyright Act, music composers have a number of different rights that enable them to make a living from their work. They have the right to authorise the communication (broadcast, transmission, diffusion) of their music, hence the APRA licence for radio stations and, quite separately, the right to control the public performance of their work. Businesses that play music via a radio, TV or other means are giving a public performance of the music and therefore need an APRA licence.
APRA is the Australasian Performing Right Association. It is an association of New Zealand and Australian music writers together with members of affiliated overseas societies who have pooled their repertoires and assigned their public performance rights to 'collecting societies' so that they are able to receive some sort of compensation for the use of their work.
No. APRA is a non-profit organisation that licenses the public performance and communication rights in music on behalf of composers and songwriters from around the world. For more information, go to About us.
Always remember that music writers and composers are not paid a wage or salary to write music. Value in their work comes when the work is played or performed live. They are in effect operating small businesses themselves and just like any small business person, work to keep their commercial enterprises viable, in the face of fluctuating and often uncertain financial returns. Over 99% of APRA members are unincorporated and operate as the smallest of small businesses. APRA royalties help to keep these businesses working so that everyone can enjoy the music!
Yes you will need a CD Manufacture Licence. Please email email@example.com for more information.
If it's for an audio CD - you will need a CD Manufacture Licence. If it's for an audio-visual work, eg. DVD/CD-ROM - you will need to make an application for the right to use this music. In either instance email your enquiry to Trilby Crowther: firstname.lastname@example.org
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