If you're an Oz music artist and haven't heard of APRA then this article is for you.

Bowden Campbell, APRA Writer Services Representative tells Take the Rudder all about what APRA can do for songwriters and composers.

 
What does APRA do?
Since 1926 APRA (the Australasian Performing Right Association) has been making life a little easier for songwriters, composers and music users. Australian copyright law makes songwriters and composers the exclusive owners of their original music and lyrics. Nobody else can use their work without getting their permission first, and if necessary, paying a royalty for this use.This is where APRA steps in. APRA is a not-for-profit organisation that collects royalties on behalf of its 44,000+ members, and by agreement, for all the copyright owners around the world. We do this by licensing users of music (radio/TV stations, live music venues, web site owners, small businesses etc) and converting those licence fees into royalties. These royalties are paid to the copyright owners (songwriters and music publishers) of the works that were performed or broadcast.

Since 1997 APRA has managed the day-to-day operation of the Australasian Mechanical Copyright Owners Society (AMCOS). AMCOS collects and distributes ‘mechanical’ royalties for the reproduction of its members’ musical works for many different purposes. These include the manufacture of CDs, music videos and DVDs, the sale of mobile phone ringtones and digital downloads, the use of production music and the making of radio and television programmes.

Why should an unsigned band join APRA?
Whether a band is signed or not, whenever their music is performed in public, communicated or reproduced, the songwriter may be entitled to a payment or royalty. This is because the Australian Copyright Act (1968) gives writers what are known as 'economic rights' which cover certain uses of their music. By licensing and allowing the public performance, communication or reproduction of their music, songwriters may generate income known as royalties. Basically, if your original music is broadcast or performed, you can get paid!

If an artist is being played on the radio, but is not a member of APRA are they still entitled to royalties?
APRA represents songwriters, not artists, which are not always the same thing. But if a song is broadcast on radio and this is picked up in APRA’s analysis, we will hold the royalties in suspense until such time as the composer joins APRA and formally registers the song. We are then able to distribute the royalties generated by its broadcast.

Who can join APRA?
You can join APRA as a writer member if you satisfy all the following criteria:
# you are the original creator of a musical work (or you are an arranger of non-copyright works)
# your music is publicly performed live, broadcast on radio/TV, used on the internet (downloaded etc), or has been released commercially
# you are an Australian or New Zealand citizen or permanent resident
# you are not currently a member of another performing right society

Membership is not open to musicians unless they are also composers. There is no cost to join APRA. We deduct our administration costs from the royalties distributed, but we don't charge any up-front or annual membership fees.

Other than receiving royalties, what other rights do music copyright holders have?
Copyright is a number of different rights which the law grants exclusively to owners of copyright works. Basically, if you are a composer of original music or a songwriter of lyrics, the Australian Copyright Act (1968) gives you, and only you, the right to:
# reproduce your work in material form: that is, record your music onto a CD, in a film soundtrack, or onto a computer disk
# publish your work: make it available to the public
# communicate your work to the public by various means including:
  o broadcast on radio or television
  o transmitted by cable to subscribers (eg on pay TV)
  o over the Internet (up-loading/down-loading)
# make an adaptation of the work, for example, by translating the lyrics.

As the copyright owner of your original music and lyrics, these are your exclusive rights. Nobody else can use your work in these ways without getting your permission first, and, if necessary, paying you a royalty for this use.

An unsigned band releases an EP, what should they do now?
They should make sure that the songwriters in the band are APRA members and that all their songs are registered with us. This way we will know who to pay when the songs are broadcast on radio or TV.

How does APRA collect and distribute royalties?
APRA administers the public performance and communication right in our members' musical works. We do this by collecting royalties for the performance and communication of music from a number of sources. We enter into licence agreements with radio and television stations, discos, fitness centres, cinemas, live concert promoters, and other businesses that provide music for their customers. In return for the right to perform or communicate music, these clients pay us a licence fee.

In order to work out how these royalties should be allocated, APRA needs to monitor what music is being performed or communicated, and how often. As part of their licence agreements, our clients provide detailed reports of their music use, either by keeping full records or by taking part in a survey system. The aim is to obtain as accurate a picture of music use as possible, with as low administrative overheads as possible.

This data is then added to APRA’s computer and matched against the musical works and audio-visual productions already in our database. APRA then determines the royalty allocation to each copyright owner for that distribution period.

What about DJ’s who sample audio when performing/recording - do they have to pay royalties to APRA?
Permission to use samples of someone else’s original work must be cleared with the relevant copyright owners. A sample will usually contain two copyrights – the copyright in the musical work (usually owned by the composer or music publisher) and the copyright in the sound recording (usually owned by the record company who released the original work being sampled).

Where can artists and music listeners go for more information?
For more information about APRA (including how to join), visit www.apra.com.au
For information about music and copyright, visit the Australian Copyright Council at www.copyright.org.au

You can contact APRA at This email address is being protected from spam bots, you need Javascript enabled to view it
or call (toll free) 1800 642 634.