- What is the difference between PPCA & APRA|AMCOS?
- Can I register with both PPCA & APRA|AMCOS?
- What does it mean when the Input Agreement says that it is non-exclusive?
- What is direct licensing and do I need my own policy on direct licensing?
- How can I develop my own policy on direct licensing?
- Who runs PPCA?
- What is the PPCA Performers’ Trust Foundation?
- How does PPCA distribute the money it collects?
- What is the Code of Conduct and how does it impact on PPCA’s operations?
- How to help safeguard copyright in your recordings?
- How are the Licensor representatives of the PPCA Board Selected?
- How can I help safeguard copyright in my recordings?
We receive numerous questions relating to public performance rights and copyright, so we’ve put together a quick 'Q&A' of some of the most popular questions we are asked.
For FAQs relating to artists and licensing click on the relevant link below:
What is the difference between PPCA & APRA|AMCOS?
APRA|AMCOS - Provides licences covering the copyright in the song (lyrics, composition etc) and represents the interests of composers and publishers
PPCA - Provides licences covering the recording and/or music video of the song (a particular recorded performance), and represents the interests of recording artists and record labels.
When a business wants to broadcast, communicate or publicly perform your recording, they usually require two licences – one from APRA|AMCOS and one from PPCA or each copyright owner (usually the record company).
Can I register with both PPCA & APRA?
If you perform on recordings you should register with PPCA. If you write songs you should register with APRA. As there are two separate rights (one for the song / composition and a separate one for the sound recording) if you are both a songwriter AND a recording artist you can and should register with both organisations, in order to access both income streams.
What does it mean when the Input Agreement says that it is non-exclusive?
This means that the owner of copyright in a sound recording or music video continues to be able to grant such licences directly to users of that sound recording or music video.
What is direct licensing and do I need my own policy on direct licensing?
Instead of going through PPCA, direct licensing means an individual or business seeking a license goes directly to the owner of the copyright and negotiates terms of the license. As a result of the ACCC's re-authorisation of PPCA's activities, each PPCA licensor, large and small, must develop its own policy on direct licensing. You must have your direct licensing guidelines finalised and available to the public by 19 April 2008. From 1 July 2008 PPCA will cease to provide licensing on your behalf if you do not have direct licensing guidelines available.
How can I develop my own policy on direct licensing?
There is a free sample guideline available from the Arts Law Centre of Australia (Arts Law). PPCA has arranged for Arts Law to independently develop a sample guideline and provide basic legal advice on the guidelines free of charge. Alternatively licensors can develop their own guidelines and may wish to approach their lawyer to assist them.
The Arts Law free sample guidelines and an information sheet about direct licensing for public performance and transmission rights is available online, so visit their website at www.artslaw.com.au and follow the links to the direct licensing information. Once your policy is completed, please provide PPCA with a copy.
Who runs PPCA?
PPCA was founded in 1969 by the major record companies. These companies hold shares but are not entitled to any dividends. The current shareholders are Sony Music Entertainment, Universal Music and Warner Music.
The board of PPCA is currently made up of eight directors comprised of the nominated representatives of the three shareholders, three directors representing registered artists (including an artist manager) and two representing the non-shareholding licensors.
The day to day management of PPCA is delegated to the Chief Executive Officer who is appointed by the Board.
What is the PPCA Performers’ Trust Foundation?
PPCA established the PPCA Performers’ Trust Foundation for the purpose of encouraging the performing arts. The Trust makes grants for such purposes as:
- Prizes for music examinations
- Music workshops and seminars
- Encouragement of music and the performing arts
For further information, set the PPCA Performers’ Trust Foundation.
How does PPCA distribute the money it collects?
At the end of each financial year, PPCA undertakes the process of calculating the amount available to be distributed to licensors and registered Australian artists (after the deduction of administration costs). This process takes some months and these amounts are distributed in December of each year. The funds available for distribution are allocated on a track-by-track basis and distributed in one of two ways:
For Australian recordings, after the deduction of 2.5% for allocation to grants for charitable, educational and similar purposes (e.g., PPCA Performers’ Trust Foundation), the balance is shared between registered artists and the relevant label. Featured artists who register can access their share of 50% of the income allocated to each track. Should an artist (or artists) fail to register, their share - together with the 50% label share - goes directly to the relevant label.
- For all other recordings (i.e., recordings that do not feature an Australian recording artist(s)), the net funds payable in respect of the relevant track are sent to the controlling record label for distribution to artists in accordance with their individual record company agreements.
What is the Code of Conduct and how does it impact on PPCA’s operations?
The Code was an initiative of PPCA and other major Australian collecting societies, and it was developed with the support of the Federal Government. It aims to promote awareness of copyright and collecting societies, to set service standards for our dealings with copyright holders and licensees, and to ensure that accessible and fair procedures are available for the handling of complaints and the resolution of disputes.
The Code reflects the standards of service PPCA offers in its dealings with copyright holders and licensees. In particular:
- We aim to be fair, honest, courteous and transparent;
- We make available information about the benefits of and responsibilities involved in obtaining a PPCA licence, and generally about the types of licences we offer to users of sound recordings and music videos; and
- We maintain a Complaints Handling and Dispute Resolution Policy, which explains how we will handle any complaints about our standards of service.
How are the Licensor representatives on the PPCA Board selected?
As the number of licensors had grown considerably over recent years, in 2005 the PPCA board and shareholders moved to broaden board representation and provide an opportunity for increased participation by that group.
As a result, since 2006, the PPCA board has included an elected licensor representative. In 2014, the PPCA Board and shareholders made a further change, extending the Board to include two Licensor Directors. These Licensor Directors are appointed on the following terms:
- The Licensor Director must be (and remain during their term) a Managing Director or equivalent of a Financial Licensor;
- A ‘Financial Licensor’ is a PPCA licensor (excluding a shareholder) that has been allocated at least $100 in the most recently completed PPCA distribution, excluding amounts available for payment to featured Australian artists under the Artist Direct Distribution Scheme;
- The term of the appointment will be two years (commencing 1 July), and will be determined by an annual election;
- At each election one Licensee representative will be appointed (ie. staggered two year terms to ensure the Board always includes an elected Licensor representative with at least one year’s experience at Board level); and
- Each Financial Licensor (excluding shareholders) will be entitled to nominate a candidate from the pool of Financial Licensors, and then lodge a vote for their preferred nominee.
Nomination forms are issued to licensors on or around April 1 each year. All nominees are offered the opportunity to provide biographical details, and the list of participating nominees, together with the data provided is available on our website.
Nomination forms are issued to licensors on or around April 1 each year.
How can I help safeguard copyright in my recordings?
To help protect copyright in your recordings, please see the PPCA Guide to the Proper Use of the P Notice.