the web has turned conventional copyright on its head. there are many people who believe the traditional model is long dead and buried. Some say there are over 4 million songs floating in cyberspace that are available for download to users and that the bands who created these songs will never see a cent for their efforts. And that's before we even start talking about photos, animations, films, books, and games!
one thing is for certain if you are creative and want to protect your creative rights it pays to not only get informed but stay informed. the following menu of sites, people, and places are intended only as a basic starter's guide for your own quest to get educated and make informed choices about the best way to protect and grow your talent.
if you are an australian songwriter then you need to join APRA ( The Australasian Performing Rights Association). it's one sure fire way of protecting your songs and ensuring that any publishing royalties due to you end up in your pocket.
APRA frequently holds workshops and seminars for its 47,000 plus members , and is seriously committed to promoting the art and craft of songwriting.
following is a more detailed description of what APRA is all about, drawn directly from their web-site.
"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 47,000+ members, and by agreement, for all the copyright owners around the world.
since 1997, APRA has also been able to offer a number of reproduction licences through AMCOS (Australasian Mechanical Copyright Owners' Society), a music copyright collection society that represents music publishers and writers from around the world for rights in the reproduction (copying) of their music.
whenever 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 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.
public performances of music include music used in pubs, clubs, fitness centres, shops, cinemas, festivals, cds or even playing the radio or television. communication of music covers music used for music on hold, music accessed over the internet or by television or radio broadcasters. reproduction of music covers making a copy of the work, such as a CD recording, using music in a video or DVD, a mobile phone ring tone, digital download, as production music or in the making of audiovisual and broadcast material.
APRA collects and then pays these royalties to its members throughout the year. Royalties collected from domestic sources are paid twice a year in may and november; overseas royalties are paid as they accrue.
all businesses, organizations or individuals that choose to publicly perform, communicate, or reproduce copyright music need permission from the copyright owners. In most instances, an APRA licence provides a simple solution. this is because APRA collectively administers the public performance and communication rights on behalf of the majority of australian and overseas copyright owners. APRA simplifies the legal process for business proprietors who would otherwise need to obtain a licence from each copyright owner whose music they wish to play.
proudly supporting Australian songwriters and composers
APRA is deeply committed to supporting new and established australian
songwriters and composers, across all genres of music. Each year,
APRA hosts three major awards recognising achievement in music: APRA
music awards, APRA classical music awards (in conjunction with the
Australian Music Centre) and the APRA screen music awards (in conjunction
with the Australian Guild of Screen Composers).
in addition every two years, APRA conducts the professional development awards to support up and coming composers; and also provides ongoing support to the arts community through generous music grants and sponsorship programs.
a wonderful starting point for any indie artist who wants to gain a better understanding of the resources and opportunities available in the australian music industry. AIR organises some great seminars and workshops, and is all about helping you help your self.
here's their about us spiel:
"AIR is a non profit, non government association dedicated to supporting the growth and development of Australia's independent recording sector. AIR represents australian owned record labels and independent artists based in australia .
AIR's primary purpose is to foster an increasing marketplace for australian independent music and assist in the long-term development, growth and success of australia 's independent recording industry.
we are a trade body that negotiates with industry and government to facilitate deals for the benefit of the industry. through our services we help companies of all shapes and sizes with the tools and information they need to do business.
we do this through:
information, advice and exclusive member services
business development seminars
commercial negotiation
lobbying and advocacy
assisting access to international markets
in a global business environment where four multi-national companies control an overwhelming percentage of the market, AIR believes, through collective action, the independent sector can strengthen its position and collective muscle.
AIR is a member of the worldwide independent network (WIN), a group of international music associations who collectively advocate for fair, competitive market access for independent music.
AIR is administered by a board of directors and management team. all board members are elected by the AIR membership and meet on a monthly basis.
AIR members are artists, labels and distributors across the full spectrum of music genres, ranging from small sole traders to some of the biggest independent operations in the country."
don't be put off by "serious" tone of this site. if you are an aspiring writer this is one site where the business of writing ( from copyright to standard writing fees) is covered off in great detail. It costs published writers and illustrator s$150 to join or if you are unpublished $110.
here's a sample of what they are on about:
"the australian society of authors is the professional association for australia's literary creators.
the ASA was formed in 1963 to promote and protect the rights of australia's writers and illustrators, and now has almost 3000 members across Australia.
the ASA was instrumental in setting up the copyright agency limited and the australian copyright council, and successfully campaigned for public lending right in 1975 and educational lending right in 2000.
the ASA sets minimum rates for pay and conditions for authors and illustrators, and publishes books, papers and lists for emerging and established writers. members receive our journal, australian author, and regular newsletters throughout the year. we provide a contract advisory service, run mentorships for new and emerging writers and offer advice about writing, copyright and publishing. membership fees are tax-deductible expenses for professional writers.
members benefits:
a subsidised contract advisory service;
telephone and email advice;
a free-call telephone line for interstate members;
regular newsletters;
australian author magazine three times per year;
free contracts and discounted publications;
a mentorship program for emerging writers;
access to the members' website for free publications and information;
information sessions and seminars;
the ASA sets recommended minimum rates for writers and illustrators working in the australian market. these rates recognise the time and effort that go into writing, book illustration and public appearances. members are encouraged to negotiate fees that are higher than the minimum.
freelance writing, poetry and book illustration rates cover flat fee payments for first publication only. another fee should be negotiated if further use of the work is required. the copyright of the work, and ownership of the original artwork in the case of book illustration, remain the property of the creator unless assigned and agreed to in writing. the ASA recommends that a formal agreement or contract is signed by all parties before any work is commenced.
these rates are based on the 2006/2007 national freelance rates approved
by the media, entertainment and arts alliance and apply to all genres
except poetry. The rates are exclusive of gst.
per day $784.00
per half day (2/3 day rate) $522.00
per hour $196.00
1000 words or less $799.00
per word thereafter $0.80
these rates have been developed in consultation with the Poets' Union.
per word $2.75
up to 40 lines $110
41-60 lines $165
61-90 lines $250
91-150 lines $410
over 151 lines $550"
this is a great site to educate yourself about the so called "copyleft" movement. it's a non-profit organisation and all the tools are free.
the following is an extract from their web site:
"the rapid growth of digital technologies over the last decade has led to a revolution in the creation and dissemination of knowledge - a revolution that has created unprecedented challenges for copyright law.
the 'all rights reserved' model of traditional copyright law, with its complex legal concepts and requirement for permission for even the most common and non-controversial of uses, does not fit well with an environment which both enables and requires reproduction and communication on an unprecedented scale. from a legal perspective, one of the most significant responses to these changes has been the development of new licensing systems designed to open up access to and use of protected material.
these 'open content licensing' (OCL) models preserve the creator's intellectual property rights whilst giving permission in advance for the content to be used more broadly than would be permitted under default copyright law. the most popular and widespread of these licensing models in relation to creative material is creative commons (CC).
a brief explanation of the creative commons licence types. offering your work under a creative cCommons licence does not mean giving up your copyright. it means offering some of your rights to any taker, and only on certain conditions.
each work licensed under a creative commons licence comes with some base rights, which can be modified by mixing and matching the licensing terms below. you can use more than one of these terms in your licence, to define exactly how you are happy for your work to be used. for example, you may want to release your work under an attribution licence, or you may want to use an attribution-noncommercial-chare alike licence.
Attribution
this applies to every creative commons work. whenever a work is copied
or redistributed under a creative commons licence, credit must always
be given to the creator.
NonCommercial
lets others copy, distribute, display, and perform your work - and
derivative works based upon it - but for noncommercial purposes only.
for example: gus publishes his photograph with a non-commercial licence. camille incorporates a piece of gus's image into a collage poster. camille is not allowed to sell her collage poster without gus's permission.
no derivative works
lets others copy, distribute, display, and perform only verbatim copies
of your work, not derivative works based upon it. for example: sara
licenses a recording of her song with a no derivative works licence.
Joe would like to cut sara's track and mix it with his own to produce
an entirely new song. joe cannot do this without sara's permission
(unless his use amounts to fair dealing).
Share alike
allows others to distribute derivative works only under a licence
identical to the licence that governs your work.
note: a licence cannot feature both the share alike and no derivative works options. the share alike requirement applies only to derivative works.
for example: gus's online photo is licensed under the non-commercial and share alike terms. camille is an amateur collage artist, and she takes gus's photo and puts it into one of her collages. this share alike language requires camille to make her collage available on a non-commercial plus share alike licence. it makes her offer her work back to the world on the same terms gus gave her."