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

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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.

European Court of Justice rules that ISPs can be ordered to block websites

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/

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

​A depiction of the music universe from a UK perspective. Courtesy PRS for Music

ALRC Report tabled in Parliament

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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

European Directive on Collective Rights Management

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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

AMPAL Elected to the Board of International Publishers Organisation

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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.

 

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Review of Collection Societies in the UK Launched

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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/

US Publishers' Association Settles with Fullscreen

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The National Music Publishers' Association (NMPA) in the USA and Fullscreen, Inc. (Fullscreen) have announced that they have reached an agreement to settle copyright infringement claims related to video creators who are part of Fullscreen's multi-channel video network. The details can be found here: http://www.bizjournals.com/sanfrancisco/prnewswire/press_releases/California/2014/01/08/DC42812

Screen Music Awards Winners

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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

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

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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

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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: 

http://transition.accc.gov.au/content/index.phtml/itemId/1111601/fromItemId/278039/display/acccDecision

Australia's Attorney-General insists that the rights of content creators must be protected.

Senator George Brandis

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