FYI : APRA
Posted: Mon Apr 7, 2003 12:35 pm

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Songwriters and Musicians - this is for you:

If you are a songwriter then you will realise the effort and commitment you have made in writing your songs. The songs you write have a value to you. Luckily, the Government of New Zealand realise this and they have a law in place that ensures you are able to protect these songs of yours from people using them without your permission.

The bottom line is this - when you write a song, you own it. This ownership is called 'copyright'. The law that protects your songs is the Copyright Act. This means that you control what people can do with your song and this control stays with you (and your successors) for 50 years from the date of your death.

Let's summarise how people and businesses might use music:

Broadcasters:

If a radio station or other broadcaster wants to play your song they have to obtain your permission to do it. So how, in practise, does a radio station get permission from all the thousands of songwriters whose music they play? They get it from APRA.

APRA is the Australasian Performing Right Association and it is an association of music writers who have joined together specifically so that people wanting to use their music for broadcasting only need to go to one place to get permission.

As APRA also represents all the music from other similar associations in other countries, a radio station can be sure that if it obtains permission from APRA, it can play music from all over the world.

What does a radio station have to do in return for getting permission from APRA to broadcast music?

It pays a royalty to APRA based on a share of its advertising income. APRA then distributes those royalties to writers. If you are a member of APRA then you are entitled to share in those royalties when your music is broadcast on radio or TV etc.

Live Performances:

If a group wants to play your music live, then the owner of the venue where the group is playing must have your permission. Once again, APRA is the only realistic way that venues can be sure they have ALL writers permission.

A venue like the Power Station in Auckland has a huge number of songs performed every year by a string of different groups. Each song performed is entitled to a royalty for its writer and APRA represents writers in getting that royalty and distributing it. The royalty is paid by the Power Station, not the group that is playing the song. In essence, APRA is the major source of income for songwriters; probably more earnings come from APRA royalties than from record sales. It is imperative that, if your music is being performed live or likely to receive radio and/or TV airplay you join APRA. Membership of APRA is free.

The Sale of Records:

If you write a song, then no-one can make a recording of it without your permission. Again, the Copyright Act protects you.

The royalty paid to songwriters from the sale of records currently stands at 8% of the wholesale price of the record. This royalty is shared equally between all the songs on the record. For the purposes of this article, the word 'records' means CDs, tapes, mini discs and so on.

If your music is released on record by anybody then you must make sure the record company releasing it knows that you wrote the songs. Even if you are in the group that recorded them, make sure you advise the record company that it is YOU who should be getting your fair share of the songwriting royalties from the sales of the records.

For your information, songwriting royalites from the sale of records are usually called 'Mechanical Royalities.'

If you are a musician then no-one can record or video your musical performances without your permission. Nor can they make and sell records of your musical performances without your permission. This is covered in the Copyright Act under Performers Rights.

If you record a song or songs for a record company then the money you earn as a musician from the sale of those records is negotiated between the group and the record company. It is not set. This entails (usually) the signing of a record contract with the company.

The royalties earned by musicians from the sale of records and the royalties earned by the songwriters from the sale of records are two seperate royalties. If you play on a record and wrote one or more of the songs on a record then you are entitled to two royalties.

Recording, Publishing and Management Contracts:

The matter of musicians and writers signing contracts with record companies, managers and music publishers is such a crucial decision in any artist's career that it is imperative that you seek legal advice on the subject. This is a matter that needs careful consideration.

APRA: http://www.apra.co.nz/

RE: FYI : APRA
Posted: Thu Dec 8, 2005 10:35 pm

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