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C pod
Copyright © Community Broadcasting Association of Australia 2009
text only version
site by noggin
Copyright Organisations
APRA - Australasian Performing Right Association
APRA_AMCOSS.jpg (9k)
APRA is an association of authors, composers, music publishers and other music copyright owners who, on becoming members, transfer to APRA their performing rights (public performance, broadcast and diffusion rights) in all past and future works. APRA currently has about 18,000 Australian members. Licence fees are distributed to members annually. The amount a member receives is assessed on the basis of information supplied by radio and television stations, from the monitoring of broadcast content, from concert performances and from information supplied by members. APRA has reciprocal arrangements with similar overseas collecting societies, and is therefore able to collect income for the use of Australian music overseas and also to license the

Australian broadcast of most music from overseas.
APRA offers a licence which allows community radio stations to broadcast copyright music in Australia. However, the APRA licence does not permit a station to:
a. make adaptations of works (that is, translations, arrangements, or transcriptions);
b. broadcast grand rights works (that is, works longer than 20 minutes; entire dramatico-musical works such as operas or musicals; and certain prohibited excerpts);
c. broadcast parody versions (a musical work with different lyrics) if the parody either denigrates a musical work or is broadcast for an excessive period (note that, except for these limitations, parodies may be broadcast, provided the station notifies APRA);
d. broadcast literary works (such as spoken word comedy records or plays).
Permission to make adaptations and to broadcast grand rights works must generally be sought from the relevant music publisher.

APRA Fees
1. Licensed stations: Fees are assessed on a user pays system of fee calculation - where the amount of copyright music broadcast by the station has an effect on the level of licence fee paid. All sources of radio avenue are formally categorised into one of three types:

a) sponsorship, subscriptions/membership, fees, sale of airtime, donations/bequests, fundraising, racing revenue.
When the Music Use Percentage (MUP) is less than:
25% = fee rate of 0.50%
25% to 59.99% = fee rate of 1.75%
60% to 79.99% = fee rate of 3.00%
greater than 80% = fee rate of 3.75%

b) grants and subsidies
Flat fee = 1.25%

c) sale of capital assets, merchandising interest, job skills training subsidies, ancillary communication services.
No fee

2. Aspirant stations: Complimentary for first two years; thereafter, $150 for gross revenue under $25000, and 1.5% of gross revenue, if gross revenue is more than $25000 a fee of 1.5% applies.
AMCOS - Australasian Mechanical Copyright
APRA_AMCOSS.jpg (9k)
AMCOS is a society of music publishers which offers stations various licence schemes. In return for payment of a licence fee, a station is able to make more extensive use of AMCOS repertoire music than allowed under section 47 of the Copyright Act.

AMCOS offers two types of licences to community broadcasters: a general "ephemeral extension" licence which is used where the station merely wishes to keep copies of programs longer than 12 months; and a "production music licence" (the "PC" licence) which is necessary if a station wishes to pre-record programs, sponsorship announcements, or station promos using "production" or "library" music.

Both licences allow a community broadcaster to keep archive copies of programmes containing AMCOS members' music beyond the 12 month period allowed under section 47 of the Act (discussed above). Both licences also allow a station to exchange pre-recorded programs with another station, provided the other station also has a licence with AMCOS. The licences also prohibit a station from pre-recording or archiving arrangements or parodies of AMCOS members' works.

Not all music publishers are members of AMCOS. In particular, a lot of publishers of Christian music are not members. If you are broadcasting music controlled by publishers which are not members of AMCOS, you will be able to pre-record such music within the scope of section 47 (see page 7). However, if you

wish to archive such recordings, or exchange pre-recorded programs with other stations you will need to contact the non-AMCOS publishers directly and negotiate for permission.

The general AMCOS "ephemeral extension" licence does not allow reproduction of music in association with advertisements or sponsorship announcements (including any station promo).
If you wish to pre-record a station promotion you will need either:

to use production music, and ensure that the station has a "PC" licence with AMCOS; or
to use music which is out of copyright.

Alternatively, you will need to contact the relevant publisher or copyright owner for permission.

If you wish to archive programs which contain music recorded on protected sound recordings for more than 12 months, or if you wish to pass such programs to other stations, you will also need to ensure the station has a licence with PPCA. Alternatively, you will need to obtain the permission of the record companies whose sound recordings are included on the program tape.

AMCOS Fees
The Temporary Community Broadcasting Licence fee is complimentary for the first 24 months from the transmission date (same as APRA). After the initial transmission period expires fees are:

Temporary Community Broadcasting Licence:
EC Licence fee: $44
PC Licence fee: $146

Permanent Stations:
EC Licence fee - $88
PC Licence fee - $293
PPCA - Phonographic Performance Company of Australia
PPCALogo.jpg (11k)
PPCA is an association of owners of copyright in sound recordings. PPCA offers an agreement which allows a station to broadcast CD's, tapes and records in Australia; to archive programs which contain copyright music for more than the 12 months otherwise allowed under the Copyright Act; and to pass pre-recorded programs to other stations (provided the other station has the relevant licence with PPCA).

The licence implements the scheme envisaged by sections 107 and 109 of the Copyright Act, discussed on page 7.

If you wish to archive recordings or pass pre-recorded programs to other stations, you will not only need the licence from PPCA, but also either the "ephemeral extension" or the "PC" licence from AMCOS. Alternatively, you will need to obtain the permission of the relevant publisher or copyright owner whose music is included on the tape.

PPCA Fees
The CBAA has undertaken to issue invoices to stations on behalf of the PPCA in return for a lower fee. CBAA members pay an annual fee of 0.4% of gross income (minimum $250 pa). In acknowledgement of nine years of unpaid PPCA fees member stations pay an additional 0.4% levy over a three year period.
For more information on copyright, view the Copyright chapter of the CBAA Handbook.
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