Misplaced Pages

#761238

54-654: APRA AMCOS consists of Australasian Performing Right Association ( APRA ) and Australasian Mechanical Copyright Owners Society ( AMCOS ), both copyright management organisations or copyright collectives which jointly represent over 100,000 songwriters , composers and music publishers in Australia and New Zealand. The two organisations work together to license public performances and administer performance, communication and reproduction rights on behalf of their members, who are creators of musical works, aiming to ensure fair payments to members and to defend their rights under

108-593: A result, member broadcasters agreed to pay a fixed sum for broadcasting rights. With the introduction of the Australian Copyright Act 1968 , APRA extended its services to any Australian business with copyright obligations. Demand for the service increased steadily over the following thirty years and by 2005, APRA represented the interests of 28,000 members within Australasia, and about two million creative artists and publishers from elsewhere in

162-566: A single mechanical licensing database overseen by music publishers and songwriters. The cost of creating and maintaining this database will be paid for by digital streaming services and the database and tariff will be determined by an authority created under the MMA. The mechanism provided under the act will determine unclaimed royalties due to music professionals and provide a consistent legal process to receive them. Previously, these unclaimed royalties were held by digital service providers like Spotify to

216-464: A statutory monopoly, while others recognise effective monopolies through regulations. In Austria, the Society of Authors, Composers and Publishers ( Gesellschaft der Autoren, Komponisten und Musikverleger , AKM) has a statutory monopoly. German law recognizes GEMA as an effective monopoly, and the burden of proof is on an accused infringer that a work is not managed by GEMA. GEMA has one of

270-630: Is a member and AMCOS associate member of the International Confederation of Societies of Authors and Composers (CISAC), and AMCOS is a member of the Bureau International de l'Edition Mécanique (BIEM), the international mechanical rights coordinating organisation. APRA AMCOS adheres to a voluntary Code of Conduct for Collecting Societies which was introduced in 2002. It can be difficult or almost impossible to license copyright on an individual basis. The composer of

324-485: Is being managed in a manner detrimental to the interests of the authors and other owners of the copyright. The major copyright societies in India are The Indian Performing Right Society Limited [IPRS] (for composers and publishers), Indian Reprographic Right Organisation [IRRO] (for literary organisations) and Indian Singers Rights Association [ISRA] (for performers). Phonographic Performance Limited [PPL] (for producers)

378-626: Is housed within the APRA AMCOS building, and is funded by APRA AMCOS, the federal government, and Creative Australia . It is housed within their Sydney office. Copyright collective Copyright societies evolved out of the need to have an organised body for licensing and managing copyrighted works. Without copyright societies, it would be impossible for users like restaurants, malls and large events to collect licenses from individual copyright holders and negotiate terms with them. Copyright societies negotiate prices and create tariffs on behalf of

432-608: Is no longer operating as a copyright society under S.33 of the Copyrights Act 1957. The validity of PPL operating as a company has been debated and was considered by the 2014 case of Leopold cafe v. Novex Communication in which the Bombay High Court that s.30 of the Copyright Act 1957 allows a duly authorised agent to issue licenses on behalf of authors and other owners, therefore organisations can perform

486-403: Is responsible for licensing musical works to third parties who reproduce music via CD , DVD , vinyl recording , downloading , streaming or other digital means of reproduction, issuing what are known as mechanical rights and distributing mechanical royalties to writers and publishers of music and overseas affiliates. In 1997 the two societies formed an alliance; since then, APRA has managed

540-588: The Australian Copyright Act (1968) . APRA, which formed in 1926, represents songwriters , composers , and music publishers , providing businesses with a range of licences to use copyrighted music. This covers music that is communicated or performed publicly including on radio, television, online, live gigs in pubs and clubs etc. APRA distributes the royalties from these licence fees back to their composer, songwriter and music publisher members and overseas affiliates. AMCOS, which formed in 1979,

594-495: The Federal Communications Commission (FCC) to control commercial broadcasting. Commercial broadcasting overlaps with paid services such as cable television , radio and satellite television . Such services are generally partially or wholly paid for by local subscribers and is known as leased access . Other programming (particularly on cable television) is produced by companies operating in much

SECTION 10

#1732798351762

648-449: The audience measurement of a station or network. This makes commercial broadcasters more accountable to advertisers than public broadcasting , a disadvantage of commercial radio and television. In Europe, commercial broadcasting coexists with public broadcasting (where programming is largely funded by broadcast receiver licenses , public donations or government grants). In the UK, Sky UK

702-497: The public television model during the 1930s, 1940s, and 1950s, which prevailed worldwide, except in the United States, Mexico, and Brazil, until the 1980s. Commercial broadcasting is primarily based on the practice of airing radio advertisements and television advertisements for profit. This is in contrast to public broadcasting , which receives government subsidies and usually does not have paid advertising interrupting

756-751: The Art Music Awards for classical music (in association with the Australian Music Centre ), and the Screen Music Awards (in association with the Australian Guild of Screen Composers ). In New Zealand, the annual Silver Scroll is awarded by an anonymous judging panel to the year's best-written song on commercial release. Also awarded are the songs receiving the most airplay in New Zealand and overseas for

810-557: The Arts commissioned APRA AMCOS to undertake an audit of support infrastructure for Indigenous music in Australia, which will be used as a guide for the Australia Council and other agencies responsible for policy development and funding of Indigenous music. In 2008 and 2009, APRA supported aggressive new copyright law in New Zealand, including punishment of persons accused but not proven to be infringing copyright. This position

864-413: The Copyright Act 1957. ISRA represents the interests of singers and aims to protect performer's rights as enshrined in S.38 and S.38A of the Copyrights Act 1957. IPRS represents composers, lyricists and publishers of music in India and is a registered copyright society under S.33 of the Copyright Act 1957. The Screenwriters Association of India [SRAI] earlier known as Film Writers Association represents

918-542: The Copyright Act of 1957. In order to do the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recordings it is necessary that the organization be registered as a copyright society under Section 33. The proviso to section 33 sub clause 3 states ‘Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of

972-584: The Copyright Act, reproduction of music entails the making of any type of copy of a work, whether recorded on a CD recording, video or DVD, used as a mobile phone ring tone, digitally downloaded, or used in any audiovisual and broadcast material. Since 1997 the two societies formed a collaboration representing composers and lyricists, to provide "a one-stop service to music creators and music customers." As of August 2019 The two organisations jointly host their website, named APRA AMCOS. In 2004, APRA appointed an Indigenous Project Officer. The Australia Council for

1026-598: The U.S. and Canada, groups that provide intermediary functions between copyright holders and performers of works such as music are called performance rights organisations or PROs. Other organizations such as artists' rights groups license and collect royalties for the reproduction of works such as paintings by living or recently deceased artists whose work has not yet entered the public domain . There are also collectives that collect royalties for copies from magazines and scholarly journals such as Access Copyright in Canada. In

1080-630: The US and some Latin American countries. Commercial broadcasting is the dominant type of broadcasting in the United States and most of Latin America. "The US commercial system resulted from a carefully crafted cooperation endeavor by national corporations and federal regulators." The best-known commercial broadcasters in the United States today are the ABC , CBS , Fox , and NBC television networks , based in

1134-423: The US, PROs ensure that rights holders are paid their share of public performance royalties, by issuing licenses to different companies and establishments and tracking where and how often the songs of their affiliates are performed at these public venues. An author can only be part of one PRO, as the five existing PROs in the US have distinct systems for tariffs and payment of royalty as they compete with each other in

SECTION 20

#1732798351762

1188-460: The United States. Major cable television in the United States operators include Comcast , Charter Communications and Cox Communications . Direct-broadcast satellite (DBS) services include DirecTV and Dish Network . In an hour of broadcast time on a commercial broadcasting station, 10 to 20 minutes are typically devoted to advertising . Advertisers pay a certain amount of money to air their commercials , usually based upon program ratings or

1242-446: The activities of a copyright society without being registered under S.33 but it will not be referred to as a copyright society and cannot issue licenses in its own name. PPL now operates as a Copyrights Organisation [CRO] and can only issue licenses as an agent, therefore it must issue licenses in the name of the copyright owners and not itself. See Copyright Licensing Agency , Phonographic Performance Limited , and PRS for Music . In

1296-512: The authors that they represent and offset the imbalance of power between the users and the copyright holders. The lobbying power of copyright societies is especially important in industries like the music industry, where authors and owners of copyright are often placed at a disadvantage. The music streaming revolution was also projected as an attack on the power imbalance in the music industry. The evolution of technology and influence of music aggregators like Spotify, Apple Music and Pandora are changing

1350-478: The copyright collective to discharge its functions, including the detection of unauthorized use, negotiation of licenses, collection of remuneration and distribution of collected remuneration amongst the members of the copyright collective on the basis of collected data. Copyright collecting societies in the European Union usually hold monopolies in their respective national markets. Some countries create

1404-607: The copyright society has control over all or most of the copyrighted works in a particular industry. Copyright law is territorial in nature, but copyrights are protected in multiple countries through international instruments such as the Berne Convention and the TRIPS Agreement . Along with licensing, copyright societies monitor the use of copyrighted works assigned to them and ensure that the copyright holders are fairly remunerated for such use. In order to monitor

1458-425: The copyright society representing the owner, and forwards payments to it. Commercial radio Commercial broadcasting (also called private broadcasting ) is the broadcasting of television programs and radio programming by privately owned corporate media, as opposed to state sponsorship, for example. It was the United States' first model of radio (and later television) during the 1920s, in contrast with

1512-557: The creators or copyright owners are paid for the use of their work. APRA was established in 1926 by a number of companies, to represent the interests of Australasian music copyright holders, and to manage the performance and communication rights of its members. According to the Copyright Act, public performances of music include music played in pubs, clubs, fitness clubs , shops, cinemas , or at festivals, whether performed live, from radio or television. Communication of music covers music broadcast by TV or radio broadcasters, or accessed via

1566-964: The day-to-day operations of the AMCOS business, but each has its own board of directors , elected from and by their own membership. They jointly present the APRA Awards each year. The associations' national and NSW / ACT state/territory offices are located in Sydney , and the New Zealand office in Auckland . There are state/territory offices in Melbourne (for Victoria and Tasmania ); Brisbane, Queensland ; Adelaide, South Australia ; Perth, Western Australia ; and Darwin, Northern Territory . There are also international representatives in London, UK , Nashville, Tennessee , Los Angeles and New York . APRA

1620-457: The detriment of the authors. All of this will also ensure that artists are paid more and have a fair mechanism to approach for getting the money they are owed. This changes the scheme of S.115 of the US which governs compulsory licensing and allows the authority created under the act to issue blanket licenses for music to streaming services. While this does take away some agency of artists, there has been overwhelming support for this legislation from

1674-412: The download reports for the iTunes Store , which are used to determine their royalty payments. This acquisition is guided by the country's legal regime. Some jurisdictions, such as Hungary, create legal monopolies, and de facto monopolies arise in others. Once rights are acquired, the copyright collective then has to collect data on the uses of copyrighted works. The processing of this data will enable

APRA AMCOS - Misplaced Pages Continue

1728-749: The economic aspects and the distribution of money from royalties of Italian-copyrighted music to authors and on their behalf. BUMA/STEMRA are two private organisations in the Netherlands , the Buma Association ( Dutch : Vereniging Buma ) and the Stemra Foundation ( Dutch : Stichting Stemra ) that operate as one single company that acts as the Dutch collecting society for composers and music publishers . Copyright Societies in India have to register themselves under section 33 of

1782-456: The existing system of copyright licensing and might make copyright societies obsolete. While the system of copyright societies is similar in all countries, their influence over the industry and mode of operation varies from country to country. Copyright societies operate by acquiring the right to license works from the owners and then negotiating and licensing the works to others. They usually operate in one particular industry and try to acquire

1836-503: The interests of lyricists, screenwriters and novelists. It applied for becoming a copyright society in 2017 but is currently operating as a trade union representing its members. Recently an application for registration under S.33 was made by the Recorded Music Performance ltd which controls public performance and broadcasting rights of sound recordings of its member companies. RMPL has applied for registration as PPL

1890-452: The internet. In 1929, commercial radio broadcasters in Sydney and Melbourne paid APRA £7 a week for royalties, with music broadcasts limited to 66 hours a week. This arrangement broke down in 1931, with APRA banning the playing of records on air. The Australian Federation of Commercial Broadcasting Stations was established in that year to resolve royalty and copyright related issues and as

1944-547: The market. The five major PROs in the music industry in the US are ASCAP , SESAC , BMI , AllTrack , and SoundExchange . In the US copyright collectives are registered companies that act as agents of the owners of the copyright. The websites of the PROs have their Memorandum of association and Articles of association and their tariff policies. The validity of PROs was challenged in the 1979 anti-trust suit of Broadcast Music, Inc. v. CBS, Inc. in which CBS BMI and said that

1998-520: The most effective and lucrative music copyright administration systems. Hungary operates a legal monopoly. SIAE (English: Italian Society of Authors and Publishers, Italian: Società Italiana degli Autori ed Editori ) is the Italian copyright collecting agency. Founded in 1882 in the Kingdom of Italy , it is the monopolist intermediary between the authors of musical tracks and consumers, managing

2052-410: The music industry as it will ensure that licensing and royalty payments are transferred on a fair basis. The American Society of Composers, Authors and Publishers [ASCAP] has direct or indirect connections with copyright societies in over 30 countries. Once it receives information regarding unauthorised use of copyrighted works, the affiliated foreign copyright society collects the royalty on behalf of

2106-469: The music, upon joining APRA, assigns their performing and communication right to the organisation. They can also choose whether or not they want AMCOS to administer their reproduction right (excluding print music) including for what purposes. By acting as a link between the users and creators of copyright material, collecting societies like APRA and AMCOS provide a simple means for assisting users to comply with their copyright obligations as well as ensuring that

2160-475: The radio networks. This sustained programming, according to the Blue Book, had five features serving the public interest: Commercial time has increased 31 seconds per hour for all prime time television shows. For example, ABC has increased from 9 minutes and 26 seconds to 11 minutes and 26 seconds. Programming on commercial stations is more ratings-driven— particularly during periods such as sweeps in

2214-461: The reproduction or copying and storage of music in any format. These royalties are generated each time "an original musical work is licensed by a third party and commercially reproduced or sold", whether on CD, DVD or vinyl recordings, music downloads or via streaming services. Thus the licensors include all major and independent record labels as well as digital service providers (DSPs) such as Apple Music and Spotify , and schools. According to

APRA AMCOS - Misplaced Pages Continue

2268-412: The same class of works’. This effectively creates a monopoly and mandates that only one copyright society can exist in a particular industry. This ensures concentration of bargaining power and equal terms of royalty in an industry. Copyright societies have to renew their registration under section 33 every five years and its registration can be cancelled at any time if the central government feels like it

2322-473: The same manner as advertising-funded commercial broadcasters, and they (and often the local cable provider) sell commercial time in a similar manner. The FCC's interest in program control began with the chain-broadcasting investigation of the late 1930s, culminating in the "Blue Book" of 1946 , Public Service Responsibility For Broadcast Licensees . The Blue Book differentiated between mass-appeal sponsored programs and unsponsored "sustaining" programs offered by

2376-401: The show. During pledge drives , some public broadcasters will interrupt shows to ask for donations. In the United States, non-commercial educational (NCE) television and radio exist in the form of community radio ; however, premium cable services such as HBO and Showtime generally operate solely on subscriber fees and do not sell advertising. This is also the case for the portions of

2430-457: The tariffs decided by BMI were for blanket licenses and therefore amounted to price fixing. The court held in this case that the actions of PROs were not anti competitive as there was no bar on obtaining licenses from individual copyright holders. Digitisation and internet based music streaming services have majorly changed the music industry and the US copyright law has changed majorly to accommodate such innovation. Music Modernization Act (MMA)

2484-609: The two major satellite radio systems that are produced in-house (mainly music programming). Radio broadcasting originally began without paid commercials. As time went on, however, advertisements seemed less objectionable to both the public and government regulators and became more common. While commercial broadcasting was unexpected in radio, in television it was planned due to commercial radio's success. Television began with commercial sponsorship and later transformed to paid commercial time. When problems arose over patents and corporate marketing strategies, regulatory decisions were made by

2538-642: The use of copyrighted works abroad, societies enter into MoUs or international licensing agreements with their foreign counterparts in the industry and exchange information regarding the use of copyrighted materials. Collecting societies can sell blanket licences, which grant the right to perform their catalogue for a period of time. Such a licence might for example provide a broadcaster with a single annual authorisation encompassing thousands of songs owned by thousands of composers, lyricists and publishers. The societies also sell individual licenses for users who reproduce and distribute music. For example, Apple must submit

2592-477: The works of all the authors dealing in that particular industry. The tariffs decided by copyright societies are based on the kind of event or venue of the licensee and usually allow the licensee to access the entire repertoire of works available with the copyright society. The royalty distributed to the owners is based on their market influence and demand for their works. Reduction of transaction costs and other benefits of collective management can be realised only when

2646-510: The world, and gathered $ 146 million in royalty payments, of which $ 127 million was distributed to copyright holders. Today the Association provides businesses with a range of licences to use copyrighted music with APRA monitoring radio and television stations, concert promoters and cinemas in particular. The Australasian Mechanical Copyright Owners Society Limited (AMCOS) was established in 1979 to manage mechanical royalties, i.e.

2700-591: The year. The APRA billion streams list was established in 2019 by APRA AMCOS to acknowledge Australasian songwriters whose works have achieved one billion (1,000,000,000) streams on various services. The Live Music Office was set up by the Federal Government and APRA AMCOS in order to develop a coordinated policy response to challenges facing the Australian live music industry. It advocates for better policies, strategies, and regulation. The office

2754-567: Was a partner in the production of a report entitled Born global: Australian music exports , published by the Australia Council. Also in 2019, APRA AMCOS joined the Phonographic Performance Company of Australia (PPCA) to create OneMusic Australia , a joint licensing initiative. In Australia, APRA AMCOS hosts a number of awards to honour achievements by local songwriters, including the APRA Music Awards,

SECTION 50

#1732798351762

2808-597: Was opposed by artists and APRA members. In 2009, Sounds Australia was created as a joint initiative of the Australia Council and APRA AMCOS. Sounds Australia is "a joint partnership between the Australian Council of the Arts, APRA AMCOS, the Australian Government , ARIA, the PPCA and state government agencies", which promotes and showcases Australian music around the globe. In 2019, APRA AMCOS

2862-483: Was previously registered as a copyright society under S.33 of the Copyright Act but now mentions on its website that it licenses and transfers copyrights under S.18 and S.30 and functions as a company registered under the Companies Act 2013 . PPL represents producers and record companies and is a major licensor of music to events and establishments. The ISRA and IPRS are registered copyright societies under S. 33 of

2916-530: Was signed by President Donald Trump on 11 October 2018 as the Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018. The MMA streamlines the music licensing process in order to make it easier for copyright holders to get paid when their music is streamed online through services like Spotify, Pandora and Apple Music. Songwriters and artists will receive royalties on songs recorded before 1972 and this will ensure that songwriters are paid by streaming services with

#761238