The Police Intellectual Property Crime Unit (PIPCU) at the City of London Police has begun replacing advertising on copyright infringing websites with official force banners, warning the user that the site is currently under criminal investigation.
More info can be found here: http://www.cityoflondon.police.uk/advice-and-support/fraud-and-economic-crime/pipcu/pipcu-news/Pages/Advert-replacement.aspx
In accordance with the Australasian Music Publishers' Association Limited (AMPAL) constitution, nominations for the position of board director can be received up to 60 days prior to the date of the annual general meeting (AGM).
The date for the 2014 AMPAL AGM is Thursday 13 November 2014. Accordingly, nominations for the position of AMPAL board director must be received by the company secretary by no later than 5pm Sunday 14 September 2014.
Details of nominees will be provided to all eligible full members prior to the AGM and in accordance with the AMPAL constitution. You can read the constitution at http://www.ampal.com.au/ampal-constitution/.
For a copy of the AMPAL board Nomination Form and to discuss your eligibility for nomination, please contact the AMPAL Company Secretary, Matthew O’Sullivan, email matthewosullivan@hotmail.com.
Consumers in the UK found to be downloading copyright-infringing content will be sent warning letters as part of a new initiative between ISPs and content creators.
Representatives from the UK's creative industries and major internet service providers ISPs have come together with the support of the UK government to launch Creative Content UK, a new partnership that will boost consumer awareness of the wide array of legitimate online content services and help reduce online copyright infringement. The full story can be found here: https://www.gov.uk/government/news/new-education-programme-launched-to-combat-online-piracy
Following the mass letter writing campaign carried out by ICMP with prominent music publishers from around the world, and the subsequent meetings with ICMP’s Anti-Piracy Committee (as represented by the Music Publishers Association UK), the operators of the copyright infringing sheet music website ‘pianofiles.com’ have announced that the site will be shut down. Building on this significant breakthrough, ICMP’s Anti-Piracy Committee is currently working on next steps regarding various other coordinated actions at a global level.
The National Music Publishers Association (NMPA) is continuing its campaign to get lyric sites licensed by suing SeekLyrics.com and LyricsTime.com. Details on the litigation can be found here: https://www.nmpa.org/media/showwhatsnew.asp?id=106
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
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
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/
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
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/
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:
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
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.
.
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.
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
North American Performing Right Organisations, ASCAP, BMI & SOCAN have formed a central works registration portal. Initially the site will only take registrations in the Common Works Registration (CWR) format but there are plans to expand to other formats. The collaboration is called MusicMark and more information can be found here: http://musicmark.com/
The European Court of Justice has ruled that ISPs can be forced to block websites with content that infringes copyright. Australian copyright owners have been arguing that Australian law should provide similar protection to copyright owners. An article on the European decision can be found here: http://www.theregister.co.uk/2014/03/27/isps_can_be_ordered_to_police_pirates_by_blocking_sites_says_ecj/
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
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
The Australian Law Reform Commission Report on Copyright and the Digital Economy has been tabled in the Senate . Not surprisingly, the report recommends the introduction of a "broad, flexible, technology neutral" fair use exception to copyright infringement. This would allow the use of copyrights without the permission of the copyright owner and without remuneration if the use was "fair". If the government accepts the report and implements its recommendations it will be up to the courts to decide whether a use is fair taking into account "fairness factors" and "illustrative purposes".
AMPAL, as well as the rest of the creative community, have argued that "fair use" will not generate certainty and will undermine copyright owners rights.
The report is available here: http://www.alrc.gov.au/publications/copyright-report-122. The Report also contains other recommendations including changes to the statutory licensing provisions (though much less radical than was proposed in their discussion paper) and orphan works provisions.
The non-exhaustive list of fairness factors recommended in the report are:
(a) the purpose and character of the use;
(b) the nature of the copyright material;
(c) the amount and substantiality of the part used; and
(d) the effect of the use upon the potential market for, or value of, the copyright material.
The non-exhaustive list of illustrative purposes would include the following:
(a) research or study;
(b) criticism or review;
(c) parody or satire;
(d) reporting news;
(e) professional advice;
(f) quotation;
(g) non-commercial private use;
(h) incidental or technical use;
(i) library or archive use; 22 Copyright and the Digital Economy (j) education; and
(k) access for people with disability.
The speech given by the Attorney-General, Senator George Brandis, can be found here: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F3a096643-5fb5-4e1c-b836-ba367789757f%2F0201;query=Id%3A%22chamber%2Fhansards%2F3a096643-5fb5-4e1c-b836-ba367789757f%2F0000%22
The European Commission has adopted a proposal for a directive on collective rights management and multi-territorial licensing of rights in musical works for online uses. The proposal aims at ensuring that rightholders have a say in the management of their rights and envisages better functioning collecting societies as a result of the set standards all over Europe. The proposed directive is intended to ease the licensing of authors' rights for the use of music on the internet.
http://ec.europa.eu/internal_market/copyright/management/index_en.htm#maincontentSec1