Music industry files under section 115A of Copyright Act

On 18 April, ARIA members Universal Music Australia Pty Limited, Warner Music Australia Pty. Limited, Sony Music Entertainment Australia Pty Ltd and J Albert & Son Pty Ltd, together with APRA AMCOS, filed an application in the Federal Court of Australia seeking orders under section 115A of the Copyright Act 1968 (Cth) to have the offshore site KickassTorrents and related proxy sites blocked in Australia.

Section 115A is a no-fault remedy which allows copyright owners or their exclusive licensees to apply for injunctions to have carriage service providers (ISPs) put blocks in place to prevent their subscribers accessing sites which have the primary purpose of infringing or facilitating the infringement of copyright.

The Government described the sites which are the intended target of these orders as being ones which flagrantly disregard the rights of copyright owners, the “worst of the worst”. These sites do nothing but exploit the creativity of others and give nothing back to the artists, songwriters, record labels and music publishers whose music is stolen and made available on them, as they make millions of dollars from the advertising which appears on them.

These orders will also support legitimate licensed online services which offer music fans access to the music they love across a range of devices at any time and any day.

“Online infringement continues to be a major threat to the sustainability of the Australian music industry. Illegal offshore sites like Kickass Torrents show a complete disrespect for music creators and the value of music. Australian music fans already have access – for free if they choose – to the world’s repertoire of music via more than 20 legitimate licensed online music services. Blocking access to sites like Kickass Torrents is all about supporting those services and allowing the writers whose songs are available on them to be paid for their work”,  Jenny Morris OAM, Chair of the APRA Board.

For further information see the Music Rights Australia website: http://www.musicrights.com.au/news/musicindustryfilesunders115a/ 

 

2016 APRA Music Award WInners Announced

The 2016 APRA Music Awards presented in Sydney have been announced, with AMPAL music publishers representing a number of successful writers.

Courtney Barnett, published by Native Tongue Music Publishing, was named Songwriter of the Year. 

The APRA Song of the Year was awarded to 'Let it Happen' by Tame Impala, written by Parker and published by Sony/ATV Music Publishing Australia.

The Ted Albert Award for Outstanding Services to Australian Music was presented on the night to Cold Chisel. 

The full list of winners is available at: http://apraamcos.com.au/news/2016/april/2016-apra-music-award-winners-announced/

Congratulations to all nominees and winners and successful AMPAL members!

 

 

 

Jimmy Barnes and other Australian artists perform at Parliament House to put music industry challenges on political agenda

Photo: APRA AMCOS

Photo: APRA AMCOS

Jimmy Barnes, Josh Pyke, Suzy Demarchi and other Australian artists have performed at Parliament House in an event organised by the Parliamentary Friends of Australian Music.  The stated aim of the group is to 'recognise the economic and cultural significance of the Australian music industry and raise awareness to the Parliament of its importance'.

Following his performance, Barnes commented on challenges faced by Australian musicians and songwriters and called for Government support. 

'Musicians struggle for most of their careers. It’s a struggling business. There needs to be more funding for the arts, for music, for rock music. I've seen a lot of great musicians, a lot of great songwriters, come and starve to death and disappear.'

Government backbencher Mr Ewen Jones MP, co-convenor of the Parliamentary Friends of Australian Music stated, 'You won't find a more creative, a more innovative industry than music. This is perfect for our agenda.'

More on the story is available at: http://www.abc.net.au/news/2016-03-16/jimmy-barnes-rocks-parliament-to-put-music-on-political-agenda/7249676

2016 APRA Music Awards nominees announced

The nominees for the 2016 APRA Music Awards have now been announced.  

Jarryd James for Do You Remember and Sia Furler for Elastic Heart have each received four nominations.  Other songwriters receiving multiple nominations include AC/DC, Birds of Tokyo, Colin Buchanan, Hilltop Hoods, Joel Little, Phil Barton, Lee Kernaghan, Garth Porter, Peking Duk, Tkay Maidza and Vance Joy.

Song of the Year nominations are Birds Of Tokyo for Anchor, Jarryd James and Joel Little for Do You Remember, Tame Impala’s Kevin Parker for Let It Happen, Courtney Barnett for Pedestrian at Best and C.W. Stoneking for The Zombie.

The awards, to be announced on 5 April in Sydney, also include a new category this year for the Overseas Recognition Award.  

More information is available from the APRA AMCOS website: http://apraamcos.com.au/awards/2016-awards/apra-music-awards-nominations/

New report on the costs and benefits of introducing a 'fair use' exception to Australian copyright law finds no improved economic outcomes

A new report by PricewaterhouseCoopers has been released entitled 'Understanding the costs and benefits of introducing a "fair use" exception'.  The report, commissioned by APRA AMCOS, PPCA, Copyright Agency│Viscopy, Foxtel, News Corp Australia and Screenrights, seeks to provide some insights into elements that should be considered in any formal economic cost-benefit analysis of the proposed introduction of fair use.  

The analysis conducted by PwC finds that that 'there is no firm evidence supporting a direct causational relationship between fair use and improved economic outcomes for the Australian economy as a whole...'

The full report is available here. 

2016 APRA song of the year

APRA AMCOS has revealed the Top 20 contenders for APRA Song of the Year. The song list features a mix of compositions by established songwriters including Daniel Johns, Don Walker (Cold Chisel) and The Waifs alongside first time finalists such as Pond and Jarryd James. The shortlist sets up an intriguing contest for the Top 5 to be announced in early March.

More information and the full list is available at http://apraamcos.com.au/news/2016/january/apra-song-of-the-year-top-20/?mc_cid=f30fde8647&mc_eid=750a85aa3f

Music Rights Australia GM outlines "significant" changes to safe harbours

The Australian Government has produced an Exposure Draft to amend the Copyright Act.  In an article for The Music Network, Vanessa Hutley, General Manager of Music Rights Australia (http://www.musicrights.com.au/) outlines that proposals regarding Australia's 'safe harbour laws' have the potential to impact the creative content industries in a significant way.

The article is available at: https://www.themusicnetwork.com/news/music-rights-australias-gm-outlines-significant-change-to-safe-harbours.

Further information on the proposals and the consultation which closes on 12 February 2016 is available at: https://www.communications.gov.au/have-your-say/updating-australias-copyright-laws

AMPAL appoints new General Manager

AMPAL has appointed Matthew O’Sullivan as its new General Manager.  O’Sullivan is taking over from Jeremy Fabinyi, who is stepping down from the role this week.

O’Sullivan has been the Company Secretary of AMPAL since 2012 and has taken a hands-on role in the management of the company with Fabinyi over the past 12 months.

O’Sullivan has previously practised as a lawyer in Sydney with further experience in the UK, and brings to the role a deep knowledge of the organisation and its members and the issues facing music publishers today.  On accepting the role, O’Sullivan remarked, ‘I’m very pleased to be taking up the position of General Manager of AMPAL.  I’m keen to build on the achievements the organisation has made over the past few years, and I look forward to serving our music publisher members and the songwriters and composers they represent.’

The Chair of AMPAL, Matthew Capper commented, ‘We are excited to be working with Matthew as our new General Manager, as AMPAL continues expanding on its important role as the voice of the music publishing industry for Australasia.’ 

Matthew O'Sullivan

Matthew O'Sullivan

AMPAL elects new board members, General Manager to exit

At its recent annual general meeting the Australasian Music Publishers Association elected Jane English ­ managing director of Music Sales ­ and Matthew Donlevy of Frankdon Music to its board of directors. Re-elected to the board were Bob Aird of Universal Music Publishing, Simon Moor from Kobalt and Philip Walker from Origin Music.

The AGM also learnt that Jeremy Fabinyi would be stepping down as General Manager of the Association in the new year. The board has begun the process of recruiting a replacement.

Fabinyi has held the post since 2012 after returning to Australia after a ten year stint in Europe that included senior positions at international authors rights organisations CISAC and BIEM in Paris and at MCPS and PRS in the UK. He also served as interim CEO at PRS for Music.

Prior to leaving Australia he was Group Managing Director of Festival Mushroom Records and Festival Publishing and Festival Studios. He held the post of CEO of AMPAL & AMCOS during the 1990s and was the principal of artist management company Mental Management responsible for the management of, among others, Mental as Anything, The Wiggles, The Cockroaches and Machinations. He began his career as a radio and TV journalist with the ABC.

The chair of AMPAL, Matthew Capper told the meeting: 'On behalf of the AMPAL Board and the members, I would like to express our thanks to Jeremy for his dedication to AMPAL and his excellent stewardship of the company. Jeremy has done an incredible job in guiding and invigorating the organisation, and we are very thankful to have had someone of Jeremy¹s calibre and expertise to represent the interests of AMPAL and its members.'

Jeremy Fabinyi thanked the board, the chair and the company secretary for their support during his tenure. 'I have enjoyed my time at AMPAL immensely and look forward to the organisation carrying on its good work on behalf of Australian and New Zealand music publishers and the authors and composers they represent.'

directors elected at ampal annual general meeting

Matthew Donlevy and Jane English were elected to the board of directors of AMPAL at the AGM on 17 November 2015. Also re-elected were Bob Aird, Simon Moor, and Philip Walker. Matthew Capper and Clive Hodson were subsequently re-appointed as Chair and Deputy Chair respectively.

Matthew Donlevy is the Managing Director of Frankdon Music Pty Limited. He is also a Director of Minder Music Australia Pty Ltd.  Matthew’s previous appointments include Managing Director of peermusic Pty Ltd & Regional Director South East Asia for peermusic, also professional manager of ATV Northern Songs and Castle Music.   

Jane English has worked extensively in the Australasian music publishing business. Jane is currently Managing Director of Music Sales Pty Ltd. She has also worked for EMI MP Asia ( Regional Director), BMG MP Asia Pacific (Vice-President), EMI MP Hong Kong (General Manager), Warner Bros MP Australia (General Manager), Warner Bros MP Asia ( General Manager) and Rondor Music Australia (General Manager).  She has been on the Executive Committees of the Asian Music Publishers Association and the Hong Kong Music Publishers Association. Outside of music publishing, Jane has worked in the live music sector, primarily as Festival Director of Good Vibrations Festival and managing various venues, she has provided free legal advice to musicians and songwriters at the Arts Law Centre of Australia and assisted in establishing Support Act Limited. She holds an Honours degree in Law, an Arts degree and a graduate diploma in legal practice. 

 

CISAC publishes new Global Collections Report with 2014 data

The International Confederation of Societies of Authors and Composers (CISAC) has released a new Global Collections Report, concerning global royalty collections for the year 2014.  

The Report reveals that total royalties collected in 2014 by CISAC’s 230 member societies amounted to €7.9 billion, up 2.8% from 2013.  Music repertoire accounting for the majority of collections at 87%.  Total collections for music repertoire were €6.909 billion, up 2.4% from €6.746 billion in 2013, following a slight decline decline in 2013. 

More information and the full report is available at:

http://www.cisac.org/Newsroom/News-Releases/CISAC-publishes-new-Global-Collections-Report

2015 International Songwriting Competition

The International Songwriting Competition (ISC) is an annual song contest whose mission is to provide the opportunity for both aspiring and established songwriters to have their songs heard in a professional, international arena. ISC is designed to nurture the musical talent of songwriters on all levels and promote excellence in the art of songwriting. Amateur and professional songwriters and musicians are invited to participate.

68 winners will share in the cash and prizes and categories include: AAA (Adult Album Alternative), AC (Adult Contemporary), Americana, Blues, Children's Music, Comedy/Novelty, Country, EDM (Electronic Dance Music), Folk/Singer-Songwriter, Christian, Instrumental, Jazz, Latin Music, Lyrics Only, Music Video, Performance, Pop/Top 40, R&B/Hip-Hop, Rock, Teen, World Music, and Unsigned Only. Entrants may submit as many songs as they wish - in the same category or in multiple categories.  Entries close on 5 November 2015 and the entry cost is $35 per song or category. 

For more information see http://www.songwritingcompetition.com/

Music industry commits to National Business Development Plan

Together with other peak industry bodies, AMPAL recently attended the inaugural National Contemporary Music Roundtable hosted by Music Australia.  The forum was an opportunity for industry representatives to formulate strategies to drive growth in the industry. 

Following the Roundtable, industry-wide strategies will be developed focussing on three key areas:

- industry economics;

- market development and promotion; and

- industry skills and capabilities.

AMPAL will be involved in this process.  For more information see: https://musicaustralia.org.au/2015/08/industry-commits-to-national-business-development-plan/

 

 

 

Nominations for 2015 AMPAL board elections now open

AMPAL.png

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 2015 AMPAL AGM is Tuesday 17 November 2015. Accordingly, nominations
for the position of AMPAL Board Director must be received by the Company Secretary by no
later than 5pm Friday 18 September 2015.

Details of nominees will be provided to all eligible full members prior to the AGM and in
accordance with the AMPAL Constitution. The Constitution is available 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
matthew.osullivan@ampal.com.au

Rights holders call for the protection of Australia's intellectual property

On the eve of the latest round of Trans Pacific Partnership discussions in Hawaii, a broad range of Australian rights holders, including AMPAL, have called on the Australian Government to ensure that the Partnership incorporates strong and rigorous intellectual property provisions.  The protection of intellectual property is essential for Australia's creative industries to continue making their contribution to Australia's cultural and economic life. 

According to the recent PwC report, The Economic Contribution of Australian Copyright
Industries 2012-2014 (available at http://www.copyright.org.au/acc_prod/ACC/News_items/Copyright_Industries_continue_to_be_a_significant_contributor_to_the_Australian_Economy.aspx), the industries:

  • Employed more than one million people - 8.7% of the Australian workforce
  • Generated economic value of $111.4billion - the equivalent of 7.1 % of Gross Domestic Product
  • Generated more than $4.8 billion in exports- equal to 1.8% of total exports.

 

Australian music industry calls for cross-portfolio Federal Government approach to funding the contemporary popular music industry

In a joint press-release by a number of peak bodies, the Australian music industry has called for the Commonwealth Minister for the Arts to assist in establishing a Federal, cross-portfolio taskforce dedicated to ensuring the future success of the contemporary popular music industry.

This follows the release of an Australian music industry statistical snapshot by Music Australia highlighting some of the challenges currently facing the Australian music industry (http://musicaustralia.org.au/wp-content/uploads/2015/07/Australian-Music-Industry-Statistical-Snapshot.pdf).

The full press release is available here: http://www.amin.org.au/call-for-cross-portfolio/

Draft guidelines for the National Program for Excellence in the Arts released for public comment

The Australian Government Ministry for the Arts has released draft guidelines for the National Program for Excellence in the Arts for public comment.  The Program was announced in the 2015 Commonwealth Budget. 

The closing dates for comments on the draft guidelines is 31 July 2015.  More information is available at: http://arts.gov.au/nationalexcellenceprogram

This follows the referral to a Senate Committee for an inquiry into the impact of the 2014 and 2015 Commonwealth Budget decisions on the arts.  Under the 2015 Budget, the Australia Council for the Arts is standing to lose $104.7 million in funding over four years, some of which is to be reallocated towards the establishment of the National Program for Excellence in the Arts.  Screen Australia is also seeing its funding cut by $3.6 million over the same period.  This follows other substantial cuts in funding for the Australia Council and Screen Australia, and the arts more broadly, in the 2014 Budget. 

The closing date for submissions to the Senate Committee inquiry is 17 July 2015.  More information is available at: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Arts_Funding

Copyright Amendment (Online Infringement) Bill 2015 given Royal Assent

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The Copyright Amendment (Online Infringement) Bill 2015, introduced into the Australian Parliament by Communications Minister Malcolm Turnbull, has been given Royal Assent and passed into law.  The legislation provides for a copyright owner to apply to the Federal Court of Australia for an order requiring a carriage service provider (e.g. an ISP) to block access to an overseas website that has a primary purpose of infringing or facilitating the infringement of copyright. 

APRA AMCOS CEO Brett Cottle AM noted:

“It will give to creative industries a means to fight back, it will assist in changing the behaviour of Australian consumers and, most importantly, it will send a powerful, practical and symbolic message to the artists and creators of Australia. 

“Australia's creative industries have been waiting for a very long time for Parliament to provide an expression of support and respect for their work and their place in the life of the nation."