The Composers, Authors and Publishers Association of Canada ( French : Association des compositeurs, auteurs et éditeurs du Canada Ltée ) was a Canadian copyright collective for the right to communicate with the public and publicly perform musical works. CAPAC administered these rights on behalf of its members (composers, lyricists, songwriters, and their publishers) and those of affiliated international organizations by licensing the use of their music in Canada. Royalties were paid to the music creators after administration costs were deducted to pay for the operation of CAPAC.
48-572: CAPAC was established as a subsidiary of Great Britain's Performing Rights Society (PRS) under the name the Canadian Performing Rights Society (CPRS) in 1925. Its initial purpose was to administer the royalties of composers, lyricists and music publishers whose creations were performed in Canada, be they native Canadians or foreigners. The American Society of Composers, Authors and Publishers bought partial ownership of
96-467: A 56-year-old shelf-stacker at a village in Clackmannanshire for pursuing her for singing to herself while stacking shelves. PRS for Music initially told her that she would be prosecuted and fined thousands of pounds if she continued to sing without a "live performance" licence. However PRS for Music subsequently acknowledged its mistake. In October 2010, it was reported that Sussex Police, in
144-487: A 61-year-old mechanic that he would have to pay £150 to play his radio while he worked by himself. It also targeted a bakery that played a radio in a private room at the back of the shop, a woman who used a classical radio to calm her horses and community centres that allowed children to sing carols in public. However, questions have been raised about the tactic of targeting small businesses: Radio stations pay large amounts of money to licensing organizations PRS and PPL for
192-577: A failure to find "mutually acceptable terms for a new licence" with PRS for Music. As a consequence, PRS for Music established the Fair Play for Creators campaign in order to provide a forum where musicians could "publicly demonstrate their concern over the way their work is treated by online businesses". David Arnold , Jazzie B , Billy Bragg , Guy Chambers , Robin Gibb , Pete Waterman , Mike Chapman , Wayne Hector , Pam Sheyne and Debbie Wiseman sent
240-466: A jointly owned subsidiary, PPL PRS Ltd, to collect all licence fees for public performances. PPL PRS Ltd is based in Leicester, England. In July 2015, PRS for Music, Sweden collecting society STIM and German collecting society GEMA announced the completion of a joint venture to launch an integrated multi-territory music licensing and processing hub covering European territories. In November 2015, it
288-718: A letter to The Times newspaper in support of the campaign launched by PRS for Music. A rights deal was settled in September 2009 between PRS for Music and Google that allowed YouTube users in UK to view music videos. Wiltshire Constabulary refused to pay PRS for Music for a £32,000 licence fee in April 2009. Instead the force told all officer and civilian staff that music could no longer be played in their workplaces but that ban excluded patrol cars. A total of 38 of 49 UK police forces currently hold PRS for Music licences. In May 2009,
336-462: A licensing deal resulting in a Copyright Tribunal dispute. In July 2016, The Copyright Tribunal awarded in favour of PRS for Music. ITV appealed and subsequently lost a High Court appeal in early 2017. In 2015, PRS for Music entered into a licensing agreement with the Berlin -based company SoundCloud after several months of litigation. Terms of the deal were not disclosed. The Santiago Agreement
384-453: A local station, where previously it had been considered a national station. This led to a decrease in royalty rates from £7.50 per minute to 50p per minute of broadcast music. The English-language sister station, BBC Radio Wales, is classified by PRS for Music as a national station and attracts the higher rates. As of December 2012, Eos is in negotiations with the BBC, whose Welsh-language service
432-517: A money-saving move, were not intending to renew their PRS for Music licence, meaning that police officers would no longer be able to listen to the radio in their squad cars or other work places. In 2012, a high per centage of Welsh-language musicians left PRS for Music to form a separate agency, Eos (Welsh for nightingale), after changes in the way PRS for Music calculates royalties led to a fifteen-fold decrease in payments. In 2007, PRS for Music had reclassified Welsh-language station BBC Radio Cymru as
480-409: A newly formed private company called PPL PRS Ltd with the aim of making it easier for their customers to obtain a music licence. The Performing Right Society was founded in 1914 by a group of music publishers, to protect the value of copyright and to help provide an income for composers, songwriters and music publishers. At the time, PRS collected fees for live performance from sheet music . PRS
528-500: A number of tariffs for organisations in different sectors (businesses, government organisations, educational establishments, and so on). Dependent on their size and the extent to which each premises uses music, whether they are commercial premises or not, as well as other criteria, PRS for Music's tariffs vary. Around 350,000 UK businesses have paid and are licensed to play music under a PRS for Music licence, however some workplaces do not need one: In 2018, PPL and PRS for Music formed
SECTION 10
#1732798781945576-501: A payout of £605.1 m (up 14.7%). In 2007, PRS for Music took a Scottish car servicing company to court because the employees were allegedly "listening to the radio at work, allowing the music to be 'heard by colleagues and customers' " . In June 2008, PRS for Music accused Lancashire Constabulary of playing music at police stations not covered by a license, and sought an injunction and payments for damages. In 2014, PRS for Music and commercial broadcaster ITV failed to negotiate
624-496: A percentage of revenues. Over the next few years the organization came into conflict with the Canadian Association of Broadcasters as well as a number of private supper clubs, who objected to paying the royalties and license fees assessed by CAPAC. While the issue was in the courts, both the stations and the clubs were enjoined from playing any CAPAC music unless they paid a percentage of their revenue to CAPAC. In 1955
672-506: A specific list of exceptions carefully defines permitted uses of the copyrighted work. The 1911 Act formed the basis of UK copyright law and, as an imperial measure, formed the basis for copyright law in most of what were then British colonies and dominions . While many of these countries have had their own copyright law for a considerable number of years, most have followed the imperial model developed in 1911. Australia , Canada , India , New Zealand , Singapore and South Africa define
720-620: Is a stub . You can help Misplaced Pages by expanding it . Performing Rights Society PRS for Music Limited (formerly The MCPS-PRS Alliance Limited ) is a British music copyright collective , made up of two collection societies: the Mechanical-Copyright Protection Society (MCPS) and the Performing Right Society (PRS). It undertakes collective rights management for musical works on behalf of its 175,000 members. PRS for Music
768-646: Is highly dependent on its members' output. From 1 January 2013, a PRS licence will not be required to play such music, and will not give any permission to do so. Copyright Act 1911 The Copyright Act 1911 ( 1 & 2 Geo. 5 . c. 46), also known as the Imperial Copyright Act 1911 , was an act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in
816-418: Is reproduced as a physical product – this includes CDs, DVDs, digital downloads and broadcast or online. PRS (Performing Right Society) and MCPS (Mechanical Copyright Protection Society) are two separate collection societies with PRS running its own operations, providing services to MCPS under the name PRS for Music. As of 2018 PRS has entered a joint venture with Phonographic Performance Limited (PPL) under
864-890: The British Empire . In 1912 an Order in Council extended the Copyright Act 1911 to Cyprus and the following territories: Bechuanaland , East Africa , The Gambia , the Gilbert and Ellice Islands , Northern Nigeria , the Northern Territories of the Gold Coast , Nyasaland , Northern Rhodesia , Southern Rhodesia , Sierra Leone , Somaliland , Southern Nigeria , the Solomon Islands , Swaziland , Uganda and Weihaiwei . The Copyright Act 1911
912-768: The Channel Islands (except Jersey ) on 1 July 1912, in Jersey on 8 March 1913, and in the Isle of Man on 5 July 1912. The Copyright Act 1911 applied or extended to all parts of the British Empire . In India the act came into force on 30 October 1912 (with some modifications in terms of its application to Indian law enacted in 1914), in Burma (then a province of British India ) on 24 February 1914, in Papua on 1 February 1931, and all other British possessions on 1 July 1912. It
960-681: The Statute of Anne of 1710, which afforded copyright protection to books, other works were afforded copyright protection either through case law, as in the case of music, or through Acts of Parliament , as in the case of engravings, paintings, drawings and photographs, in legislation such as the Engraving Copyright Act 1734 and the Fine Arts Copyright Act 1862. The Copyright Act 1911 consolidated previous copyright statutes, and apart from some minor exceptions,
1008-490: The 1911 Act as follows: The principal changes which the Act will effect upon the existing law may be briefly summarised — With the exception of provisions that were expressly restricted to the United Kingdom by the act, all provisions of the Copyright Act 1911 applied "throughout His Majesty's dominions" and self-governing dominions if enacted by the parliament of that dominion without modifications that were not necessary to adapt
SECTION 20
#17327987819451056-564: The British Chambers of Commerce published a survey of business attitudes to PRS for Music. Just 6% of companies rated their experience as good or excellent. In contrast, over half said their experience had been poor or very poor. Businesses were also asked to submit comments about their experiences. Many of these replies referred to the PRS for Music's behaviour as "aggressive" and "threatening". In October 2009, PRS for Music apologised to
1104-661: The British Copyright Protection Association in 1962. This company, Britico, started to share computer facilities with PRS in 1970. PRS for Music administers the performance rights and mechanical rights of about 41 million musical works on behalf of its songwriters, composers and publishing members and in 2018 processed over 11.1 trillion uses of music. PRS for Music licenses and collects royalties for its members' musical works whenever they are publicly performed, or recordings of them are broadcast, streamed online or played in public spaces, both in
1152-586: The CPRS in 1930. In 1945 CPRS became CAPAC through the Supplementary Letters Patent . CAPAC developed a schedule under which broadcasters and cinema owners paid royalties for each playing of CAPAC music, while live music venues were required to purchase music performance licenses. Royalties were also collected when music was used in advertisements. In 1950 CPAC changed its method of assessment from logging individual performances to collecting
1200-563: The Copyright Act 1911 repealed all previous copyright legislation and established a single statute covering all forms of copyright. The 1911 Act implemented the Berne Convention , which abolished the common law copyright in unpublished works and responded to technological developments by conferring copyright on a new type of works not mentioned in the Berne Convention, namely sound recordings . The 1911 Act abolished
1248-558: The Courts had to apply the Act's definitions, which were centered on artistic works, or types of works not mentioned in it – for instance, phone books, newspapers, restaurant menus and even the codes of computer programs were legally deemed "books" for copyright purposes, regardless of their (usually nonexistent) artistic value. These "stretched-boundaries" definitions are maintained in the Copyright Law 5778–2007. The last country of
1296-625: The Supreme Court ruled that radio stations could decide either to pay 1% of their revenue to CAPAC or refrain from using CAPAC music. By 1976 CAPAC had about 6,000 members and revenue of about $ 10 million. In 1989 the organization merged with the Performing Rights Organization of Canada to form the Society of Composers, Authors and Music Publishers of Canada . This article about an organization in Canada
1344-532: The UK and globally through its partner network. After operating costs are deducted, the remaining money is distributed to PRS for Music's songwriter, composer and publisher members and to affiliate societies. The principal sources of PRS for Music revenue collection are broadcasting (i.e. radio and television channels), public performance (i.e. music at gigs, concerts, theatres, restaurants, retailers and workplaces), online (i.e. music streamed online, digitally downloaded), and international. PRS for Music also has
1392-473: The UK and the British Empire . The act amended existing UK copyright law , as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908. The act came into force in the UK on 1 July 1912, in
1440-574: The act "to the circumstances of the dominion". The Copyright Act 1911 was adapted to circumstances and enacted by the then self-governing dominions of Australia ( Copyright Act 1912 ), Newfoundland (Newfoundland Copyright Act 1912) and the Union of South Africa (Patents, Designs, Trade Marks and Copyright Act 1916). The Copyright Act 1911 also provided that the UK Secretary of State could certify copyright laws passed in any self-governing dominion if
1488-412: The act of publishing. The scope of copyright was further widened and producers of sound recordings were granted the exclusive right to prevent others reproducing their recordings, or playing them in public. The act provided that the copyright in literary, dramatic and music works could be infringed by the making of a film or other mechanical performance incorporating the copyrighted works. In Israel,
Composers, Authors and Publishers Association of Canada - Misplaced Pages Continue
1536-572: The bulk of amendments were made by the Knesset not to the 1911 Act itself, but to the 1924 Ordinance applying it, resulting in a situation in which the two legal instruments were in conflict – for instance, while the Act set a copyright term of 50 years after the author's death, the Ordinance set a term of 70. Because the Knesset did not amend the Act to respond to further technological developments,
1584-479: The copyright legislation was “substantially identical” to those of the Copyright Act 1911. Though the Secretary of State could certify copyright law even if their provisions on copyright enforcement and the restriction on importation of works manufactured in “foreign countries” were not identical to that of the Copyright Act 1911. Such self-governing dominions were then treated as if the Copyright Act 1911 extended to
1632-595: The cross-licensing agreements formed by 24 collecting societies in Europe were in violation of anti-competition laws. Along with Phonographic Performance Limited (PPL), PRS for Music use the Centre for Education and Finance Management (CEFM) as agents to collect licensing money from schools and colleges. Universities have separate arrangements. In 2008, PRS for Music began a concerted drive to make commercial premises pay for annual "performance" licences. In one case it told
1680-550: The former British Empire to repeal the 1911 Act was Myanmar, whose parliament ratified a new, unified copyright law on 24 May 2019, repealing both said Act as well as the Burma Merchandise Marks Act of 1889 and an outdated definition of "trademark" from the Burma Penal Code of 1861. British lawyer Evan James MacGillivray summarised the changes in the introduction of his annotated edition of
1728-604: The limits on and exceptions to copyright by providing an exhaustive list of specifically defined exceptions. This "Commonwealth approach" to copyright is in contrast with that adopted in US copyright law . US copyright does contain a number of specific exceptions, as well as providing for a fair use defence in section 107 of the Copyright Act 1976 . The Section provides a list of illustrative example of uses under this defence, such as criticism, comment and research. In contrast to
1776-578: The mechanical rights within musical works and merged with the Copyright Protection Society in 1924. Phonographic Performance Limited (PPL) collected fees for playing gramophone recordings. Another agency, the British Copyright Protection Company or Britico was founded in 1932 by Alphonse Tournier, specialising on collecting royalties in the UK on French and German musical copyright, and becoming
1824-521: The music they play, and music has been on the radio for many years. During the war, there were programmes like Workers Playtime and Music While You Work . Now, many radio stations have features about workplaces. If the PRS force people to switch their radios off then how are these stations going to survive? Music has to be heard before people go out and buy it. In March 2009, the on line video-sharing site YouTube removed all premium music videos for UK users, even those supplied by record labels , due to
1872-461: The need for registration at the Stationers' Hall and provided that copyright is established upon the creation of a work. However, as the 1911 Act come into effect at different times in different countries of the British Empire , registration at Stationers' Hall continued to be required in some Commonwealth countries after 1911. The Act also stated that copyright arose in the act of creation, not
1920-551: The network of pubs, clubs and live music venues. Those honoured include Squeeze , Elton John , Pulp , Queen and UB40 . In May 2016, PRS for Music announced its 2015 financial results, which showed an 8.4% increase in distributions to its songwriter members. The figures for 2016 were announced in May 2017 showing that revenues increased by 10.1% and royalty payments to its members increased to £527.6 m (up 11.1%). The organisation reported record royalty distributions in 2017, with
1968-445: The self-governing dominion. The Secretary of State certified the copyright laws of New Zealand (New Zealand Copyright Act 1913, certified April 1914) and Canada ( Copyright Act of Canada 1921, certified 1924). The Copyright Act 1911 also provided that “His Majesty may, by Order in Council, extend this Act to any territories under his protection and to Cyprus” and the act would then apply to these countries as if they were dominions of
Composers, Authors and Publishers Association of Canada - Misplaced Pages Continue
2016-488: The value of music creators and education. The campaign was supported by acclaimed songwriters and composers including Jimmy Napes , Michael Price , Crispin Hunt, Gary Clark and Debbie Wiseman . The PRS for Music Heritage Award scheme launched in 2009 with the first award going to Blur . Ceremonial plaques are unveiled to honour the performance birthplaces of legendary bands, artists and songwriters - as well as recognising
2064-525: Was confirmed the new hub would be called 'ICE'. In February 2016, PRS for Music and PPL, the body who licenses the sound recording of a song, confirmed plans to create a new joint venture for public performance licensing. The new joint venture would focus on servicing all UK public performance licensing customers. The joint venture launched in 2018. In July 2015, PRS for Music launched a pro-creator campaign called Streamfair. The campaign focused on four areas, Copyright Legislation, Online Licensing, Promoting
2112-680: Was distinct from both the activities of the Mechanical-Copyright Protection Society which was founded in 1910, and the Phonographic Performance Limited (PPL) , founded in 1934 by Decca and EMI . The Mechanical-Copyright Protection Society began as Mecolico, the Mechanical Copyright Licenses Company, which was founded in 1910 in anticipation of the Copyright Act of 1911 . Mecolico licensed
2160-476: Was established in 2000 between five European collecting societies including the UK's PRS for Music, France's SACEM , and Germany's GEMA . The agreement allows each collecting society to collect royalties on behalf of members of the other collecting society, e.g. PRS for Music would collect money for German artists listed with GEMA, but to restrict licences to be sold only within the member organisation's home country. The European Commission decided in 2008 that
2208-548: Was extended to Palestine by an Order in Council in 1924, it was extended to Tanganyika by an Order in Council in 1924 and 1931, it was extended to the Federated Malay States by an Order in Council in 1931 and 1932, and it was extended to the Cameroons under British Mandate by an Order in Council in 1933. The Copyright Act 1911 provided the template for an approach to copyright exceptions where
2256-539: Was formed in 1997 following the MCPS-PRS Alliance. In 2009, PRS and MCPS-PRS Alliance realigned their brands and became PRS for Music. PRS represents their songwriter, composer and music publisher members’ performing rights, and collects royalties on their behalf whenever their music is played or performed publicly. MCPS also represents songwriters, composers and music publishers – representing their mechanical rights, and collects royalties whenever their music
2304-520: Was subsequently enacted on various dates in the self-governing dominions and "territories under protection" of the British Empire . "The Copyright Act 1911 (extension to Palestine), 1924 Ordinance" covered Mandatory Palestine and later the State of Israel , where in the latter it remained the governing statute until the Israeli 2007 Copyright Act took effect on 25 May 2008. In the two centuries after
#944055