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MUSIC COPYRIGHT LICENCE – DO YOU NEED ONE?
The last few years has seen a veritable explosion in digital capture, resulting in an almost overnight demise of traditional film in all its guises. With this huge rise in popularity, digital audio visual presentations have also seen an increase in popularity, and this seems set to grow in future.
Most of us start in this genre by selecting our best images and setting them to suitable music, often tracks from favourite CDs, or music purchased whilst on holiday which we think suits our images.
Thus, the serious subject of a Music Copyright Licence is raised – and begs the question “do I need a licence when I’m only showing the AV at the camera club – and I’m a pensioner on a limited budget?”
The simple answer is – yes - you do need a music licence.
Why?
Well, the composer, lyricist, arranger and their heirs have copyright
on music and songs until 70 years after their death.
The CD, disk or tape company which made the recording has rights
in its recorded form.
The performers, playing or singing, have rights.
How do you acquire a music licence?
The first step is to become a full member of the Institute of Amateur Cinematographers (IAC).
How much does that cost?
As from 1st May 2007, subscription rates are – (confirmed March 2010)
Full Membership £37.50
Family Membership £54.00
*Clubs £40.50
Youth Membership (aged 18-25) £22.00
Junior Membership (under 18) £11.00
Concessionary rate available on
application by members over 65 £32.50
*A licence in a club’s name applies only to productions made by the club nominated. It does not cover productions made by individual members on their own behalf. Similarly, licences in the name of an individual clear that person’s work only.
Application forms are obtainable from the IAC, Global House, 1, Ashley Avenue, Epsom, Surrey, KT18 5AD or may be downloaded from the website: http://www.theiac.org.uk
As a Member, you will be able to apply for three requisite licences, issued by the IAC at an inclusive cost which is currently £7.17 per annum and are available from the above source. Acquiring these will allow you to use commercially recorded material and Library music in sequences you make.
What would this membership and licences entitle me to?
The scope of the IAC Copyright Clearance Scheme offers licences that cover the use of LIBRARY MUSIC and COMMERCIAL MUSIC.
These licences are –
The Institute of Amateur Cinematographers (IAC ) offers the necessary Copyright clearance at very reasonable rates. It is our responsibility to abide by the conditions of these licences and to see that all our productions are covered at the time of compilation.
It is necessary to obtain Copyright clearance BEFORE making a recording
The Musical Copyright Protection Society (MCPS) protects the Rights of the Composer and permits the licensee to record (dub) musical works owned by its members, which have previously been released as a sound recording, on condition that the recordings are privately used only.
1. For exhibition to friends and relations in private
2. On amateur movie, photographic or video club premises
where admission is free, or where a charge is made for club funds
3. For public exhibition when such is promoted for the raising of club funds or for bone fide charitable causes
4. For not more than TWO public exhibitions held annually in addition to those in (1) and (2) above
5. For exhibition at annual amateur movie, photographic or video festivals attended by competitors and friends
6. Exhibition to judges in amateur film, photographic or video competitions.
A British Phonographic Industry (BPI) licence is also required. This is issued by the IAC and allows copying of recordings made by leading manufacturers. The BPI licence permits an unlimited number of recordings to be made within the conditions of the licence for one year from date of issue. The BPI licence covers the RECORDING PROCESS of all recordings made by leading manufacturers and its conditions are as follows:
1. The original recording used by the licensee must be his/her personal property and purchased through regular retail channels.
2. The names of all instrumental groups, bands, orchestras, choruses, solo artists and/or performers shall NOT be identified in subtitles or credits etc.
3. All other Copyrights eg. Composer, Performer, shall be cleared before the recordings are copied or dubbed
4. That no copies of the sound tracks on which the recordings reside be used for any other purposes whatsoever.
In addition to the BPI license, a Phonographic Performance Ltd license is also necessary for the REPRODUCTION IN PUBLIC of sound tracks created from commercial recordings. This license is only applicable to IAC Members. (Note: public means a gathering of two or more people.)
Other limited licence holders, such as –
· Members of the RPS (MCPS and BPI only)
· The Scottish Association of Movie Makers (MCPS and BPI only)
· The Photographic Alliance of Great Britain (MCPS and BPI only)
can only use 'LIBRARY' (Production) music recordings. These are the recordings suggested by the IAC Music Advisory Service and are not normally available to the general public. They can be obtained through the Music Advisory Service at very reasonable prices from Production Music publishers, eg.C ARLIN, FOCUS, KPM, BOOSEY & HAWKES etc
If recordings were purchased abroad, then contact the MCPS to find out if that recording has been registered in the UK. If it is, then you will be covered by the IAC licences. If not, you may be able to find out where the copyright is held.
The contact for this purpose at the MCPS is currently Andrew - tel: 0207-7306-4500.
Finally, you may be interested to know that there is no such thing as “Copyright Free” music. It may be termed “Royalty Free” – but in fact, a fee is included in the purchase price of the music as issued by some publishers from Production Music publishers. These recordings may be obtained (direct) from such Publishers as: TRACKLINE, AKM, Motcombe-Rolf etc.
It is a human tendency to ignore regulations that we don’t like! How many of us break the speed limit in our car trips every day?! Nevertheless, laws are meant to be adhered to and not broken. Action can and IS taken, so the laws of Music Copyright should not be ignored. They are, after all, there to protect the interests and livelihoods of composers and musicians, to whom some of our licence fee eventually finds its way.
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Of necessity, this is a very brief outline of the copyright requirements for the use of recorded music.
I am not a copyright lawyer, but I was asked to try and write a summation of this complex subject. This I have undertaken, without prejudice, but would urge anyone needing further guidance or clarification to contact the IAC at www.theiac.org.uk/central/copyright
If you prefer, telephone 01372 822812 and ask for the Copyright Advisory Service.
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