APRA have announced that this year's recipient of the Ted Albert Award for outstanding service to the music industry is Lindy Morrison. Lindy has been a tireless campaigner on behalf of musicians. Lindy was the drummer with the Go-Betweens. she is also the National Welfare Coordinator of Support Act Limited and a long time performer director of PPCA. More info can be found here: http://www.apra-amcos.com.au/news/allnews/LINDYMORRISONOAMTORECEIVETEDALBERTAWARDFOROUTSTANDINGSERVICESTOAUSTRALIANMUSIC.aspx
MCPS to outsource synch licensing
CueSongs has been appointed to carry out all individual sync licensing activity on behalf of MCPS mandated members. MCPS is the UK mechanical right society and is managed by PRS for Music. CueSongs was co-founded by Peter Gabriel and digital music veteran Ed Averdieck. Jane Dyball, CEO of MCPS, says: “CueSongs is totally focused on the business of sync licensing and is already a MCPS trusted partner in other areas of business, so we are looking forward to seeing rapid results. More details can be found here: http://www.prsformusic.com/aboutus/press/latestpressreleases/Pages/cuesongs-appointed-by-mcps-for-individual-sync-licensing.aspx
UK Government delays the introduction of private copying exception
The UK Government planned to change UK Copyright Law to allow private copying from June this year. The changes would permit consumers to copy their lawfully acquired music files onto their music player of choice for their personal use. However the changes have been temporarily put on hold while further consideration is given to how such changes fit with European law. Changes to allow parodies are also being reviewed. The changes arise from the Hargraves Review of Intellectual Property.
The proposed changes are a long way short of the recent proposals by Australian Law Reform Commission to introduce an exception to copyright infringement for the "fair use" of copyright material. The "fair use" concept was specifically rejected by the Hargraves Review. The UK changes mirror 2005 changes to Australian Copyright Law. Apart from private copying, they also introduce a number of other exceptions including for archiving. Details of the proposed UK changes can be found here: http://www.ipo.gov.uk/types/hargreaves/hargreaves-copyright/hargreaves-copyright-techreview.htm
An article on the delay can be found here: http://www.theregister.co.uk/2014/05/08/govt_yanks_copyright_exceptions/
US Synch Market
Emmanuel Legrand has posted an interesting blog on the US synch market, following a recent trip to MusExpo in LA. Emmanuel is a freelance journalist who also co-ordinates the biennial CISAC Copyright Congress.
Part 1: Understanding the market, can be found here: http://legrandnetwork.blogspot.fr/2014/04/synchs-part-1-understanding-hollywood.html
Part 2: 10 tips for an efficient synch business, can be found here:
http://legrandnetwork.blogspot.fr/2014/04/synchs-part-2-ten-tips-for-successful.html
Trans Pacific Partnership Agreement
The Trans-Pacific Partnership (TPP) Agreement is currently being negotiated between Australia, the US, Canada, Japan, Mexico, Peru, Vietnam, Malaysia, Brunei, Chile, New Zealand, and Singapore, aimed at simplifying trade between the 12 nations. A leaked version of the chapter on Intellectual Property has caused concern in some quarters that the US have been pushing for tougher IP provisions in the agreement. An interesting analysis of the leaked section can be found here: http://works.bepress.com/kimweatherall/27/
AMPAL's Tips of the Trade
The December 2013 edition of the APRA|AMCOS Newsletter, APRAP, contains an article from AMPAL General Manager, Jeremy Fabinyi, on publishing "Tips of the Trade". The article can be found here: http://aprap.apra-amcos.com.au/2013/tips-of-the-trade-publishing-deals-the-dos-and-donts/ and is reproduced below:
Tips of the Trade: Publishing Deals – the Dos and Don’ts
This month we spoke to Jeremy Fabinyi, the General Manager of the Australasian Music Publishers’ Association (AMPAL) about what you should consider in terms of publishing deals and what you need to know about publishers. Jeremy has been with AMPAL since returning to Australia in 2012 after ten years overseas – he had three years with the international authors’ trade associations, BIEM and CISAC in Paris, before becoming Managing Director of the UK’s mechanical right society, MCPS. He went on to hold a number of roles within the MCPS/PRS organisation including a stint as acting CEO of PRS for Music.
What should I expect from a publishing deal? What will publishing companies do for my music and my career?
Publishers assist writers by providing financial assistance, professional and creative advice, commercial exploitation and making sure that the money flows.
What should an songwriter consider before approaching a publisher? What are the basics that every songwriter should have before they approach a publisher? What are the best ways to attract interest from potential publishers?
Music publishing is a competitive business. Writers compete to get the attention of publishers and publishers compete to sign the writers with the greatest potential. There are some publishers who just need to hear the music to be inspired to sign a writer, but it is a good idea to have a clear idea of the market for the music before approaching a publisher. Of course it helps if the writer has already created music that has found an audience. Different publishers specialise in different genres of music and some research is required to find the right publisher to pitch music to.
Who should be looking for publishing deals and at what stage does a publishing deal become a priority? I’ve been in the industry for a while and have a good set of contacts and networks. Do I need a publishing deal?
Music publishing isn’t rocket science but it does come with its own jargon and business practices. Writers who are prepared to spend the time to get an understanding of the industry and the royalty and rights flow should be able to manage their own affairs. However once the pressure comes on – for example through significant international success – it becomes much harder for writers to deal with the complexities of the industry on their own.
Is it more important for writers/musicians to have a record deal before a publishing deal? Can a publisher help me secure a record deal if I don’t already have one?
Music publishers in Australia have a long tradition of helping writers get their first record deal. However in the current environment, many people are looking to work without the help of a record company through self releasing their material. In these circumstances, it can be very useful for writers/artists to have music industry-savvy advisers such as music publishers on their team, to help them get what is due to them.
Should I expect an advance with my publishing deal or are they not a guarantee?
Advances aren’t what they used to be – the industry has tightened up considerably in the last few years. However there is nothing wrong with seeking a healthy financial commitment from a publisher – though often the more money upfront, the less attractive the royalty rates and other terms and conditions of the deal.
I want to have creative control on where and whom my music is licensed to. Does a publishing deal reduce my say on this?
Publishers are commercial animals and will want to encourage writers to exploit their songs widely, but a good publisher will always recognise the desire for creative control and will work with their writers to support their moral rights.
Who should I be speaking to before I sign a deal?
A publishing contract is an important legal document. Advice from a lawyer who is familiar with the idiosyncrasies of the music industry is essential.
To find out more information about AMPAL and music publishers head to www.ampal.com.au
Australia Council Grants
The Australia Council for The Arts have three separate grants that are open to artists & songwriters. The deadline for each of them is May 5th.
International Pathways (up to $20,000) - to support international touring by Australian musicians performing predominantly original Australian music.
Presentation and Promotion (up to $30,000) to support one-off projects that present, publish, distribute or market quality music of any style within Australia
New Work (up to $20,000) - to support one-off creative projects of Australian music, sound art or media art, including songwriting.
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EBU/GESAC/ICMP/ECSA Recommendation sets principles for European licensing of broadcast-related online activities
Public service broadcasters, composers/songwriters, music publishers and collective management organisations have launched a forward-looking industry initiative to facilitate licensing in the digital environment. The parties’ respective European umbrella organizations, EBU, ECSA, ICMP and GESAC have agreed on a Recommendation that sets the principles which will encourage the aggregation of rights for the licensing of certain broadcast-related online activities on a cross-border basis.
The Recommendation establishes common principles that strike a balance between the stakeholders’ interests and objectives to lead to the cross-border licensing of public service broadcasters. This will simplify the basis on which licences of musical works in the context of "broadcast-related online activities", i.e. additional online content related to their regular broadcasting services will be implemented within the European Union. As well as promoting a voluntary re-aggregation of rights, the Recommendation also promotes high levels of transparency for authors/composers and publishers, fair compensation and efficient, modern and non-discriminatory administration arrangements.
Amazon's new streaming service?
Speculation abounds that Amazon is about to launch a streaming music service within its Prime offering. Initial plans are for the US only. An interesting article on the subject can be found here: http://www.digitalmusicnews.com/permalink/2014/04/07/amazonpublishers
Pandora/ASCAP Rate Court Decision
The recent decision by the US rate court setting Pandora's rate with ASCAP at 1.85% may have significant repurcussions for the global music publishing industry. A report on the decision by Billboard Magazine can be found here: http://www.billboard.com/biz/articles/news/publishing/5944618/why-publishers-lost-big-against-pandora-analysis
Australian and New Zealand Music Publishing Industry Valued at more than $AUD 200 million
A survey of AMPAL members has valued the Australian and New Zealand Music Publishing Industry at more than $AUD 200 million a year. Although the survey included data from the industry collective management societies APRA|AMCOS, it only related to royalties flowing through music publishing companies and did not include money paid directly to songwriters and composers. The survey will be used as a base line for comparisons going forward. AMPAL members provided confidential information to auditors Rosenfeld & Kant who aggregated the data.
A depiction of the music universe from a UK perspective. Courtesy PRS for Music
AMPAL Elected to the Board of International Publishers Organisation
AMPAL's General Manager, Jeremy Fabinyi, has been elected to the Board of Directors of the International Confederation of Music Publishers (ICMP). It is the first time that a representative from this part of the world has been elected to the Board.
ICMP acts on behalf of music publishers across the world to safeguard their creative and economic interests and to help them meet new and emerging challenges in the music business.
ICMP's members include national, regional and international music publishing associations from Europe, Middle-East, North and South America and Asia-Pacific, as well as representatives of the major multinational music publishing companies.
Review of Collection Societies in the UK Launched
12 UK copyright collecting societies (Collective Management Organisations - CMOs) have launched an independent review of how their codes of conduct are working.
The British Copyright Council developed a policy framework to establish a common set of principles of good practice which provided a set of minimum terms to be used by UK CMOs. Fifteen CMOs have adopted codes of practice, including Printed Music Licensing Limited (PMLL), PRS for Music and Phonographic Performance Licensing (PPL).
The purpose of these codes was to set the standards the CMOs applied in terms of their dealings with members and licensees and in the operation of their internal governance processes and to provide members and licensees with core information about the CMOs.
In recent years, collective rights management has attracted increased attention from policymakers. The review will be undertaken by an independent reviewer who has issued a call for evidence. Details of the Review can be found on its website: http://www.independentcodereview.org.uk/
Screen Music Awards Winners
DAVID McCORMACK and ANTONY PARTOS won two awards at the 2013 Screen Music Awards held in Sydney on December 9th. They won the category of Best Music for a Television Series or Serial for Redfern Now – Episode 4: Stand Up and. took out the category of Best Original Song Composed for the Screen for the powerful 'Lonely Child' also from Redfern Now.
The winner of Feature Film Score of the Year award was composer and musician CAITLIN YEO with her work on The Rocket . It also took out the Audience Award for Best Feature at the 2013 Sydney Film Festival.
A full list of the winners can be found here: http://apra-amcos.com.au/news/allnews/Winnersannouncedfor2013ScreenMusicAwards!.aspx
AMPAL AGM - directors re-elected
The 2013 annual general meeting of the Company was held on Thursday 21st November. The following directors were re-elected to the Board:
- David Albert
- Marianna Annas
- Philip Burn
- Matthew Donlevy
- Steve McPherson
Matthew Capper was re-elected as Chair and Clive Hodson as Deputy Chair.
Attorney-General Brandis addresses Directors' Guild
Australia's Attorney-General and Minister for the Arts, Senator Brandis, has told the Australian Directors Guild Conference that the new Government in Canberra will bring a renewed commitment to, appreciation of, and enthusiasm for, Australian creativity in all its forms. A transcript of Senator Brandis' speech can be found here: http://www.attorneygeneral.gov.au/Speeches/Pages/7November2013-AddresstotheAustralianDirectorsGuildConference.aspx
US Publishers take action against unlicensed lyric sites
The US music publishers organisation, NMPA has sent takedown notices to the top 50 unlicensed lyric sites in the USA.. NMPA is working with songwriter and University of Georgia researcher David Lowery who published an academic study listing top unlicensed lyric websites. These lyric sites profit from advertisement-generated revenue, yet songwriters whose lyrics are available on these unlicensed sites receive no compensation. More information can be found here: http://www.nmpa.org/media/showwhatsnew.asp?id=94
The New York times also has a report on the NMPA action: http://www.nytimes.com/2013/11/12/business/media/in-music-piracy-battles-lyrics-demand-respect-too.html
ACCC issues draft determination on APRA's request for authorisation
The Australian Competition and Consumer Commission has issued a draft determination to allow the Australasian Performing Right Association (APRA) to continue its arrangements for the acquisition and licensing of performing rights in music for a further three years. The previous ACCC authorisation was due to expire on October 31st this year.
APRA is obliged to regularly seek re-authorisation from the ACCC. Each application for authorisation is accompanied by a public consultation period on competition issues affecting APRA's licensees and members.
The ACCC's authorisation comes with a number of conditions attached, which are directed at improving the transparency of the licensing process and APRA's Alternative Disputes Resolution process.
The draft determination can be found here:
Australia's Attorney-General insists that the rights of content creators must be protected.
Senator George Brandis
Australia's new Attorney-General and Minister for the Arts, Senator George Brandis, has told the Australian International Movie Conference that the protection of intellectual property rights was the cornerstone of the creative industries that employed 900,000 people in Australia.
“An effective legal framework of protection and enforcement of copyright is fundamental to sustaining today’s creative content industry and importantly, the cultural development of our nation,” he said.
“Australia already has a robust legal framework for the protection of copyright, but despite an extensive menu of criminal offences applicable under copyright law, still the problems of piracy and unauthorised use remain.”
A report on Senator Brandis' speech can be found here:
http://copyright.com.au/news-items/2013/copyright-news/attorney-general-on-protection-of-copyright
His speech in full can be found here: http://www.attorneygeneral.gov.au/Speeches/Pages/14October2013-AddresstoAustralianInternationalMovieConvention.aspx
UK Parliamentary Committee comes out strongly in support of Copyright
The UK's House of Commons Culture, Media and Sport Committee has come out with a report seeking greater copyright protection for the creative industries.
The committee had particularly pointed comments in regard to copyright exceptions - an issue that is currently being considered by the Australian Law Reform Commission.
The Report noted: "We are not persuaded that the introduction of new copyright exceptions will bring the benefits claimed and believe that generally the existing law works well. We recommend that the introduction or amendment of copyright exceptions should be contemplated only following detailed impact assessments and after proper parliamentary scrutiny on an individual basis."
The exceptions referred to in the report were based on recommendation of the Hargraves Review which sought much milder reforms than those being considered by the ALRC.
"We regret that the Hargreaves report adopts a significantly low standard in relation to the need for objective evidence in determining copyright policy," the MPs wrote in their report. "We do not consider Professor Hargreaves has adequately assessed the dangers of putting the established system of copyright at risk for no obvious benefit."
The committee was also harsh on the activities and attitude of search engines in general and Google in particular: "We strongly condemn the failure of Google, notable among technology companies, to provide an adequate response to creative industry requests to prevent its search engine directing consumers to copyright-infringing websites. We are unimpressed by their evident reluctance to block infringing websites on the flimsy grounds that some operate under the cover of hosting some legal content. The continuing promotion by search engines of illegal content on the internet is unacceptable. So far, their attempts to remedy this have been derisorily ineffective."
The full report can be found here: http://www.publications.parliament.uk/pa/cm201314/cmselect/cmcumeds/674/674.pdf