A Guide for Music Managers and Self-Managed Musicians

A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS

www.apraamcos.com.au CONTENTS

What we do 4 Music rights and royalties 6 Joining and membership 10 Songwriting, composing and music publishing 12 Live performance and royalties 24 Supporting members 34 Resources 43

@APRAAMCOS 2 3 APRA AMCOS, WHAT WE DO

WE ARE A MUSIC RIGHTS MANAGEMENT We are ONE organisation, with TWO areas of membership: ORGANISATION. APRA and AMCOS.

• We’re here for the music. We help music creators get paid for their work. • We’re a key business partner to Australasian music creators. We have more than 103,000 members globally who are songwriters, composers and music publishers. • We license organisations to play, perform, copy or record our members’ APRA AMCOS music, and we collect and distribute the royalties to our members. Established in 1926 Established in 1979 • APRA AMCOS enables music creators and customers to maximise the value music brings to business and life. • We provide holistic industry support through projects and initiatives, education and skills development events; and recognition through our high profile awards and events program. • We administer rights worldwide. We take care of royalties for our members through reciprocal agreements with other performing and mechanical right organisations all around the world. So when Australian APRA AMCOS and New Zealand songs and compositions are performed overseas, Joined as an Australian and New Zealand writers get paid. administrative partnership in 1997

WHAT IS COPYRIGHT? We don’t copyright your songs. Copyright is free and automatic. Copyright is effective from the moment you write down or record the song you’ve created. The Australian Copyright Act gives songwriters and composers the right to control how their music is used. So whenever music is played in public, the These areas relate to the two basic rights administered by APRA AMCOS: songwriter or composer who wrote it is entitled to royalties. the performing right (APRA) and the mechanical right (AMCOS). Copyright exists for 70 years after the songwriter’s death.

4 5 MUSIC RIGHTS AND ROYALTIES THE DIFFERENCE BETWEEN MUSICAL WORKS AND SOUND RECORDINGS TWO BASIC RIGHTS THAT APPLY TO A song or composition has two forms of copyright. SONGS AND COMPOSITIONS One is for the underlying composition, the other for the recorded version.

PERFORMING RIGHT MECHANICAL RIGHT THE PERFORMING RIGHT THE MECHANICAL RIGHT (APRA) (AMCOS) When a musical work (song or When a musical work is composition) is PERFORMED in REPRODUCED for commercial use, The PERFORMING right is exercised The reproduction or MECHANICAL public, it earns performance it earns mechanical royalties for when a song or composition is right is exercised when a song or royalties for the individuals the individuals who performed in public. composition is copied in any form who wrote or wrote or own it. for commercial purposes. This includes: own it. This includes: • Played live at a gig, concert or festival • Third party commercial AM products (e.g. a record label A C • Broadcast on TV or radio R O via CD, vinyl, DVD, cassette, P S • Streamed on digital services stream, and download) A • Played in a shop or restaurant • Synchronising an existing song MUSICAL with a film or TV programme • Viewed on YouTube WORKS (song or composition) • Sheet music • Used in an exercise class • And more ( P SOUND h & o S n o RECORDINGS S T g r L S a I p E h P T ic B P P R e A r C f L A WHAT IS A MUSICAL WORK? o A rm a D n R G When we talk about musical works, we mean the music and lyric ce O N C C I om RE D elements of a song or composition. We’ll refer to musical works as ‘songs p R an y O of C and compositions’ in this Guide. Aus RE tralia) WHAT IS A SOUND RECORDING? When we talk about sound recordings, we mean the When a sound recording is When a sound recording is recording of a song or composition. PERFORMED in public, it earns REPRODUCED for commercial use, performance royalties for the label it earns revenue for the label or or artist/s that own it. artist/s that own it.

6 7 ROYALTY FLOW GUIDE SYNC, PRINT, LYRICS & DRAMATIC 100 % of fee CONTEXT if no pu 100% of fee blis hin STREAMING if published g a gr um 50% of r e 6 - 7.5% of revenue maxim oyalties em if pu e APRA blis n hed t DIGITAL SALES (performance * Sync, Print, 1.98% of price Lyrics & DC royalties) royalties per publishing PUBLIC PERFORMANCE agreement licence fees (includes: live, Publisher background music, broadcast) Songwriter/ APRA + AMCOS (PUBLISHING) royalties per Composer publishing agreement PHYSICAL SALES 100 d % of r 8.7% of wholesale price he oyalites AMCOS blis if unpublish lished* f pu ed / 50% minimum if pub ties i DIGITAL SALES (mechanical 100% of royal 7.02% of price royalties) t contrac publishing STREAMING 100% of royalties if no 6 - 7.5% of revenue Sales income Musical Work Musical Performance income

100% Sync income ee of of f SYNC fee 0% if n 10 o lab el Record co PHYSICAL SALES nt ra wholesale price Company/ Sync royalty rate per ct contract

(MASTER) Aggregator/ DIGITAL SALES Ph ysical roya wholesale price Distributor lty rate per contract D (recordings igital roya STREAMING lty rate per contract revenue share royalites) Recording Str eaming royalty rate per contract Artist P PCA r oyalty rate per contract 100% of royalties paid to label licensor if PUBLIC artist isn't registered with PPCA/ PPCA if registered with PPCA: 50% to the label (you, PERFORMANCE if you control the relevant rights), and 50% able to be shared between featured ract licence fees (includes: (recorded music l cont Australian artists (including you) if labe public performance, t / 50% Sound Recording performance l contrac broadcast, If r : 100% if no labe royalties) egistered with PPCA communication) Available at apraamcos.com.au/resources 8 9 * percentages may vary depending on agreement JOINING AND MEMBERSHIP YOU ARE ELIGIBLE TO JOIN... AMCOS collects members’ mechanical royalties worldwide QUICK FACTS: APRA if AMCOS if AMCOS has reciprocal agreements with • You write your own songs, and • You are a copyright owner of mechanical rights organisations around 1. Joining APRA you are a copyright owner of songs or compositions (as the the globe – meaning your mechanical AMCOS is FREE the song or composition AND… songwriter/composer and/or royalties are collected worldwide. 2. Membership copyright owner) AND... • You or someone else performs Some territories require individuals to for under 18s your songs live OR • At least one of your works has set themselves up as a Publisher or use requires the been released on a recording for a third party music service to collect consent of a • Your songs are broadcast on sale to the public or has been 100% of mechanical royalties, but as a parent/guardian radio or TV OR reproduced on a production member of AMCOS you do not need to • Your songs are available to music recording AND... do this. stream online • You are not a member of • And, you are not a member of an overseas Mechanical Manufacturing overseas? Contact AMCOS before getting started. an overseas Performing Rights Collecting Society If an AMCOS member is planning to have physical formats (CDs, DVDs, Organisation vinyl, cassette, et al) of an upcoming release manufactured in a country other than Australia or New Zealand, the member may be required to pay mechanical royalties before finished goods can be released. More info: apraamcos.com.au/howtojoin Advice: contact AMCOS as early as possible in the production planning process to discuss your options.

DOES A WRITER NEED TO JOIN AMCOS? Managing your APRA AMCOS rights: you have options Things to consider when joining AMCOS: APRA AMCOS offers flexible options for managing your rights – we call these ‘opting out’ for certain music uses or ‘licence back’ one or more of your songs • If you have a publishing deal, you do not need to join AMCOS. or compositions. • If all your songs or compositions are published, your publisher will collect With opting out, you can decide to manage your rights for particular music the mechanical royalties your songs or compositions generate. uses – for example digital downloads. This means that you would take • For any works that are unpublished: responsibility for the collection of performing and mechanical royalties for that type of music use while APRA AMCOS continues to manage your full 1. AMCOS can collect mechanical royalties on your behalf. repertoire for all other uses. 2. You may collect royalties on those songs and compositions directly If a member wants to deal directly with someone in Australia or New from whoever reproduced the recording - usually the record Zealand to use one or more of their songs, APRA AMCOS will grant a Licence company. Back for the requested songs. APRA AMCOS will still control the performing IMPORTANT: AMCOS is primarily a mechanical royalty collection service and rights in the song and will continue to license all other customers. does not play the role of a music publisher. More info: apraamcos.com.au/yourrights 10 11 SONGWRITING, COMPOSING AND MUSIC PUBLISHING AS AN APRA AMCOS MEMBER, THE FIRST STEP TO GETTING PAID IS TO REGISTER THE SONG OR COMPOSITION. Before anyone gets paid for their songs or compositions being played or performed, the song or composition needs to be registered. IMPORTANT: If a member has an agreement with a recognised music publisher, the publisher should register songs and compositions on the member’s behalf.

1. Log in to your account at the member portal

2. Go to the Works tab

3. Click the ‘Register Works’ button and select whether your song or composition is any of the below: • Subject to a publishing agreement: The publisher should register the song or composition. • A remix of a pre-existing song or composition (you will need permission from the original copyright owners of the pre-existing song or composition to register it). • A jingle or music used in advertising. • Commissioned for film or television. If so, [email protected]

4. Enter the required information about your song or composition: • Work (song or composition) Title • Alternative Title • Performer • Duration • ISRC (International Standard Recording Code). If you need an ISRC, contact ARIA. • Arrangement of Non-Copyright Work (only select YES if you have created an arrangement for a pre-existing song or composition that is no longer in copyright). If unsure, please contact APRA AMCOS before completing this registration. • How many copyright owners? Enter the number of owners – including publishers. • Are shares to be split equally?

5. Required for co-writes Enter the percentage share for each co-writer of the song or composition. This will indicate how much they contributed to the song or composition and what percentage of the copyright they own. NOTE: You only need to fill out this section if you’ve worked with a co-writer.

Step-by-step guide at: apraamcos.com.au/registerworks If you want to register more songs or compositions with the same 12 sharer details, click the ‘Register With The Same’ button. 13 REMIX AND SAMPLE GUIDELINES WHAT IS A SAMPLE? • The act of taking a portion or ‘sample’ of either a pre-existing sound WHAT IS A REMIX? recording or a new field recording and using it as a device in a new song or composition. • Remixes are sound recordings that have been altered, edited or otherwise reworked to sound different from the original song. They typically feature some parts or samples of the original recording (even if these samples are altered in any way) together with new material composed by the remixer. • Remixes are different from cover versions. • Remixes are often commissioned to target a different market from the original version – clubs, radio, genre playlists.

WHO RECEIVES THE COMPOSITION’S ROYALTIES FOR A REMIX? A remixer may have been given permission to create and release a remix but this does not necessarily entitle that creator to register the remix with APRA WHO CAN REGISTER A SONG OR COMPOSITION AMCOS and claim royalties. CONTAINING A SAMPLE? It is quite common for the copyright owner of the original song (usually a music publisher or original songwriters) to provide permission for a remix to • A song or composition containing a sample can be registered by the be commercially released so long as they retain the copyright in the remix. music creator, but they must clear the sampled portion of the pre- existing work in the song or composition, as well as the copyright in the In this instance, the royalties for the remix will be paid to the songwriter and sound recording. music publisher of the original song. • The copyright owner/s of the sampled material is entitled to be credited in any new song or composition that it is used in. WHO CAN REGISTER A REMIX WITH APRA AMCOS? • A remix can only be registered by the remix producer/ creator after they have obtained the permission in writing and provided APRA AMCOS with a copy of the written agreement from the copyright owner of the original song. • Sometimes the original song copyright owner does not give permission for the remix creator to claim royalties for the remix – e.g. a fee was paid for remix services – only the original copyright owner (songwriter/ composer or publisher) of the song can register the remix. More info: apraamcos.com.au/remixes

14 15 HOW TO DECIDE WHO OWNS A SONG EXAMPLES OF COMMON CO-WRITING Like any good relationship, songwriting collaborations work best when SPLITS there’s mutual trust and respect. When discussing splits, it comes down to what co-writers are content with and what they think is fair. Here are some tips on how to approach the song split: EQUAL SHARES NASHVILLE RULE Often, band members who write ‘Nashville Rule’ is a term used together – or co-writers – simply to give an equal percentage of AGREE – when possible, agree on how to approach the splits split their songwriting royalties ownership to EVERYONE who was BEFORE the writing starts. Jam sessions happen, collaborations can be equally between them. in the room during the writing spontaneous, but always try to discuss splits at the start of the work. of the song, regardless of how Alternatively, writers within much each person contributed. a band will also adjust the This is the method that APRA percentages if they feel that one AMCOS employs at our SongHubs person has written more than songwriting camps. others. Have these conversations openly. ‘If you were in the room, you’re in the song.’ REVIEW - when the song is finished, ensure everyone is happy about Not all band members may be their percentage, and the percentage that their co-writers are receiving. writers.

REGISTER – once there is agreement, make sure you register the MUSIC AND LYRICS TOP LINERS AND song with APRA AMCOS immediately. Don’t wait until the song has Traditionally, songs were thought TRACK WRITERS earned money before this happens! If you have a publishing agreement, of in terms of Music and Lyrics. Today, music is often written your publisher needs to register the work, so don’t delay providing that collaboratively by a combination information to your publisher. 50% ownership went to whoever wrote the music of professional top-liners (writers who specialise in words and 50% ownership went to whoever melody) and track writers (writers wrote the lyrics who create chord structures and CAN SPLITS BE CHANGED AFTER THEY ARE The way people create music musical backings etc.). REGISTERED? today means that this definition Often producers are cut into songs doesn’t always apply. Some if they have made a contribution Once a song has been registered with APRA AMCOS, we require permission writers choose to expand splits from ALL the of co-owners (including publishers) to change it. This can prove to their writing and construction. to expand to take into account At the top level of the industry, almost impossible if relationships within bands or between co-writers have other musical elements like broken down. Cultivate a culture of fairness and transparency within a band even artists are sometimes given a production, riffs, harmony, percentage, simply for lending their or writing partnership that can hopefully withstand arguments or a parting groove and arrangement. of ways. profile and fanbase to the song.

16 17 THE ROLE OF A MUSIC PUBLISHER WHERE DO THEY FIT INTO THE SONG To increase the reach of their songs, songwriters and composers often sign OWNERSHIP PICTURE? deals with music publishers, who actively promote the work of their writers in return for a share of the ownership of their songs for a set period of time.

Unpublished artists own their own songs. APRA is able to collect their WEIR WITH NO PUBLISHERS PERFORMANCE royalties, and AMCOS collects their MECHANICAL royalties, based on the agreements APRA AMCOS makes on their behalf, with the businesses we license. ELLA AND JESSE HOOPER The difference between what APRA AMCOS does, and what a publisher does is simple. Publishers work to promote and increase opportunities for their artists’ musical works to earn money. Publishers use their knowledge, experience Ella Hooper Jesse Hooper and networks to generate new performances and reproductions of the works in their catalogue. They may also invest in a songwriter’s career development. Some types of usages and placements that a publisher could secure are: • Music in film and TV • Music in advertisements Important to note: song splits vary • Co-writing opportunities • Organising other well-known artists to record and perform your songs In return for this, they take a percentage of the OWNERSHIP of their artists’ WEIR WITH PUBLISHERS copyrights (for a set period of time) and APRA AMCOS pays them a share of their artists’ royalties. Publishers will usually register songs or compositions with APRA AMCOS on behalf of their writers, and on pay a percentage of APRA AMCOS royalties to the writer in accordance with their publishing Jesse’s agreement. publisher Jesse Hooper IMPORTANT: You must provide us with your publishing agreements to ensure royalties are paid correctly. MORE INFO: apraamcos.com.au/what-does-a-publisher-do Ella’s publisher

Ella Hooper “Publishers work with songwriters’ rights differently depending on their strengths, career objectives and what the songwriter needs from their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.” This is an example of a publisher agreement share (not Ella and Jesse’s Marianna Annas, Head of ABC Music Publishing actual shares). See the royalty flow chart on pages 8-9. 18 19 HOW DO BAND MEMBERS WHO DON’T WRITE SONGS EARN ROYALITES?

LET’S TALK ABOUT BAND AGREEMENTS BALL PARK MUSIC To recognise the contribution of band members who don’t write songs, royalties from the SONG OR COMPOSITION are sometimes shared with the band members, for as long as they remain in the band. In order to set out a clear framework for how this should happen, bands often sign band agreements. These are legal contracts to which all members of the band agree to. Performance and/or Mechanical royalties can be paid by APRA AMCOS into a band account which is then shared between the members. This allows the songwriters to still ‘own’ their song, while also ensuring that the other band members’ contribution is recognised – letting band members share in the band’s revenue for as long as they remain in the band. A note on ABNs: APRA AMCOS membership is on an individual basis, and as such we can only accept individual/sole trader ABNs. Please consider any potential taxation obligations that may result from this. THE WRITER / THE BAND / THE SONG THE SOUND RECORDING The band performed on the original WANT TO KNOW MORE ABOUT BAND Sam Cromack wrote the song ‘It’s Nice To Be Alive’. SOUND RECORDING of ‘It’s Nice To Be AGREEMENTS? Alive’. Each time the song is Arts Law offers advice and (free!) resources to bands and songwriters, PERFORMED, Sam receives Each time the Sound Recording including: performance royalties. is PERFORMED the owner of the recording and the members of the • Band Partnership Agreement Letter Each time the song is band receive performance royalties. The , Sam receives • Contracts: An Introduction REPRODUCED percentage they receive will depend on mechanical royalties for the the agreement the band has with the • Music Copyright and Publishing for Bands and Recording Artists reproduction of his work. owner of the sound recording. • Session player releases In Ball Park Music’s band Each time the sound recording is visit artslaw.com.au agreement, there is a provision REPRODUCED the owner of the under which Sam then pays all recording earns mechanical royalties. the band members a share of These royalties will be shared with his publishing income. the band in accordance with any agreements in place.

20 21 ASK A LAWYER: ADVICE FROM ARTS LAW SOLICITOR REBECCA SIMPSON, ON BAND AGREEMENTS Q: When does my band need a partnership agreement and what types of agreements are there? What should an agreement include and who needs to sign the agreement? A: Sometimes, negotiating and signing an agreement with other band members can be a bit awkward to discuss at first. But having an agreement in place can really help avoid problems down the track, and keep a band strong and happy for years to come. That means there should be a band WHAT IS ONEMUSIC AUSTRALIA? partnership agreement in place as early as possible! You might have heard about OneMusic. It’s been up and running in New RESOURCE: ARTS LAW BAND PARTNERSHIP LETTER AGREEMENT template is Zealand for about five years. OneMusic Australia launched on 1 July 2019. available to adapt from their website artslaw.com.au OneMusic Australia is a joint initiative between APRA AMCOS and PPCA, Q: What sort of legal structure should the band be, and does this affect who have come together to issue joint music licences to businesses who the agreement? use music – like venues, shops, gyms and any business that plays music in a public setting. A: A band usually operates as a partnership, which is exactly what the Arts Law Band Partnership Letter agreement is for. However, a band can The licensing process has gone from two licences from two sometimes have an alternative structure, for example being incorporated. organisations to one licence from OneMusic Australia to cover Consult Arts Law with questions. songwriters and composers and the recording artists’ work. Q: Should an agreement outline how any income earned should be OneMusic Australia collects the licence fees from businesses and then divided? How is this determined? splits the money accordingly between APRA AMCOS and PPCA. Each organisation then deducts the costs of running each of their own A: Yes! There is an entire clause that deals with money in the band businesses and distributes the net licence fees (royalties) to members or partnership agreement, helping the group decide, for example, whether to licensors based on their own distribution practices. operate with a joint bank account or have a band member hold earnings in a trust account. We have included some notes explaining each clause in the The OneMusic Australia initiative is focused on public performance agreement to help figure out which option will work for your situation. licensing for business and both APRA AMCOS and PPCA will continue to manage their other licensing arrangements (e.g. TV and radio broadcast, Q: Does the group need a lawyer to draft the agreement? digital services) independently. A: No, but I recommend having a lawyer review it. Find out more at the OneMusic Australia website at onemusic.com.au Q: What happens if a member leaves? If a new member joins? A: A leaving band member may still be entitled to income relating to their ownership of copyright in any music, lyrics or sound recording, unless it is otherwise agreed and subject to any APRA AMCOS split. When any band member leaves or if a new person joins, the old partnership ends, and the finances of the old partnership need to be wrapped up. If the remaining members wish to form a new partnership, this should be documented too.

22 23 GETTING PAID FOR LIVE PERFORMANCES LIVE PERFORMANCE ROYALTIES ARE IN AUSTRALIA AND NEW ZEALAND DISTRIBUTED ONCE A YEAR, IN NOVEMBER.

When a band or performer plays in an licensed venue (pub, club, hall, café, Don’t delay! Retrospective Performance Reports are accepted for up etc.), or a composer’s piece is performed by a group, ensemble, soloist, etc., to three years previous, but Writer Services needs to be contacted to the works that were performed are eligible to earn songwriting royalties, arrange this. which can then be claimed by filing a PERFORMANCE REPORT online via the APRA AMCOS website. JEREMY NEALE SUBMITTING YOUR PERFORMANCE REPORTS What you need to provide: For live performances for the period of 1 July to 30 June by by 31 July each year • WHAT songs were played • WHERE they were played & • WHEN they were played

“Performance Reports help you get real world money in exchange for the real world admin of you submitting setlists from your shows APRA AMCOS uses this information to calculate an equal across- throughout the year.” the-board royalty rate for each performance. APRA AMCOS Ambassador Jeremy Neale

NOTES ON ON-COSTING PERFORMANCE REPORTS RESULT IN ROYALTIES TO MEMBERS We are working with a number of live music venues that pass on the APRA live music licence fee directly to the performer. A royalty for each performance is paid to the writer/s and any applicable This means that while they do pay a live music licence fee to APRA (via publishers of the songs that were performed. OneMusic), they charge that fee back to the headline performer. Royalties are paid per song per performance. What should a member do? We will contact members when records indicate this may be the case and we will reimburse this amount to the relevant rights holders of the works TIP: If you are a DJ, jazz or classical composer, or you perform at school, performed at this show. ensure you select the correct ‘performance type’ option when submitting your PERFORMANCE REPORT. Questions? Contact [email protected] 24 25 Use a similar box with arrows layout from earlier

GETTING PAID FOR PROMOTED CONCERTS AND FESTIVALS IN AUSTRALIA & NEW ZEALAND

Performance Reports generally cover ‘non-promoted’ shows – a regular gig at the pub, a show booked directly by the artist and so on. We call upon members to self- report these to receive the live performance royalty. If you play what is termed a Distributable Event (DE), a large-scale promoted concert/festival/event that takes place in Australia or New Zealand, we do not require Performance Reports to be filed, as we license the Promoter of the event directly. • Responsibility lies with you as the performer to supply your setlist, including song durations, to the promoter • The promoter must promptly supply setlists to APRA AMCOS (via OneMusic) A ‘DE’ usually takes place in venues where live music is the sole purpose of the venue, such as venues for hire, arenas, etc. Examples include large festivals (e.g. Splendour in the Grass, Laneway), or a support slot of major touring artists.

ONEMUSIC licenses the PROMOTERS pay a event via the PROMOTER. percentage of gross box office receipts (less credit card charges and ticket THE FEE ROYALTIES booking fees). We DIVIDE the APRA licence GENERATED BY fee collected by OneMusic CONCERTS AND by the number of songs that were performed at the event. EVENTS IN AU/NZ are paid as part of the Then, we pay the royalties normal quarterly distribution MEANWHILE earned by each song to the schedule once we have writers and publishers (if recieved the licence fee applicable) of that song. and the setlists. The GREATER the value of the licence fee, the GREATER the royalty rate per song. PROMOTERS collect APRA AMCOS uses setlists from performers and this information to calculate supply them to APRA AMCOS a royalty rate for each song (via OneMusic). performed.

26 27 OVERSEAS LIVE PERFORMANCES AND EARNING ROYALTIES IN THE USA MUSIC USAGE Like most countries around the world, Australia has one Performing Rights Organisation (PRO) – APRA. In the USA however, there are multiple PROs. APRA It’s hard to ignore the unprecedented success that Australian and New AMCOS has reciprocal agreements with all four: ASCAP, BMI, GMR and SESAC. Zealand songwriters are having on the global stage and being a member means having international representation for music usage. When our If a member starts to earn royalties in the USA through the live performance members’ music is used in another territory, our affiliates collect money on or broadcast of works, one of these PROs will act on behalf of APRA AMCOS our members’ behalf and then pay these royalties to APRA AMCOS and then to manage their rights. As works can only be registered with one PRO, the we distribute directly to our members. member can choose whether their rights are designated through ASCAP, BMI, GMR or SESAC. Music in ads, TV, film: alert Writer Services if a member’s music is used in an overseas advertisement or in film or TV, so the International Services IMPORTANT! APRA AMCOS automatically team can ensure payment. designates ASCAP to act on our members’ behalf unless we are advised within one Report your overseas jingles via apraamcos.com.au/overseas-jingles month of a member’s notification of first- Live Performances: members SHOULD complete an Overseas Performance time US earnings. Report via the member portal for our International Services team to Choosing a USA PRO does not change a writer’s APRA membership, and all process, even if a setlist is filled out at a show overseas. This is not subject royalties, including overseas income, will continue to be paid by APRA AMCOS. to the annual 31 July AU/NZ deadline - reports should be completed as Our agreements with international affiliates simply mean that we can offer a soon as possible following shows. number of options.

QUICK TIPS FOR OVERSEAS PERFORMANCE HOW TO CHOOSE REPORTS: As the member, it’s 100% your choice, so we recommend researching each PRO: ASCAP, BMI, GMR SESAC. 1. Register your works You will be notified by APRA AMCOS when USA royalties are earned for the 2. Report (nearly) all gigs – this includes showcases, small club shows and first time. You then have one month to notify APRA AMCOS of your chosen festivals. Note: busking, church performances and private functions are PRO designation, otherwise your songs or compositions will automatically be exempt. designated through ASCAP. 3. Not all venues are licensed and therefore a foreign society might not be When a decision is made, the APRA AMCOS Writer Services team must be notified. able to collect royalties on your behalf – but we can try! Note: changing PRO designation at a later date can be a lengthy and complicated process. 4. Deadlines – these are important and vary from territory. WHEN A PUBLISHER IS INVOLVED 5. Evidence – keep setlists, social media posts, posters, reviews for reference. Societies do sometimes request this for verification. If you have a publishing deal in the USA (which includes sub-publishing agreements), it’s likely that the American publisher will have a preferred PRO. This More tips at apraamcos.com.au/osperformancereports means your publisher will register the songs or compositions through one PRO and the songs or compositions will be paid from that PRO. If you would prefer to designate your songs or compositions through a different OVERSEAS LIVE PERFORMANCE ROYALTIES ARE PRO, you should contact the APRA AMCOS Writer Services team to discuss your DISTRIBUTED ACCORDING TO THE DISTRIBUTION options. PRACTICES OF THE COUNTRY WHERE THEY WERE EARNED. If the publishing deal does not include the USA, you should choose a USA PRO designation and advise APRA AMCOS. 28 29 INTERNATIONAL REPS AND CREATIVE AND BUSINESS SPACES IN LA, NASHVILLE AND LONDON In the past decade, the international game has changed for Australian and New Zealand songwriters, composers and artists, with more opportunities for music export than ever before. We don’t just collect overseas royalties on our members’ behalf, we’re also there to help when there is a showcase, tour or the big decision is made to relocate overseas. We have member reps on the ground in Los Angeles, Nashville and London, who are there to provide opportunities for our members, host events, create networks and share vital local knowledge. Bella Morris-Clarke– Los Angeles/New York – [email protected] ADAM TOWNSEND Mark Moffatt – Nashville – [email protected] BELLA MORRIS-CLARKE Adam Townsend – London/EU – [email protected] Plus, we have business and creative spaces in all these cities for members and their management reps to utilise. • LA – Ignited Spaces Hollywood business space; studio space upon request • Nashville – InDo complimentary writing rooms, meeting rooms, and business amenities available; performance space available at special rates. • London – RAK Studios hot desk and writing room. Contact Bella, Mark or Adam direct for availability. Facebook Member Groups – join up and find out what’s happening in these territories: • facebook.com/groups/APRAAMCOSLA MARK MOFFATT • facebook.com/groups/APRAMACOSNashville • facebook.com/groups/APRAAMCOSUKandEurope • facebook.com/groups/APRAAMCOSPNG/ For more info on visas, banking, claims Papua New Guinea: for membership queries, contact Darwin-based Rep and more, visit apraamcos.com.au Phillip Eaton [email protected] or contact Writer Services with any APRA REVENUE FROM INTERNATIONAL SOURCES HAS international queries. GROWN 110% OVER THE PAST SIX FINANCIAL YEARS, WITH $45.8M COLLECTED IN 2018-19

The Sounds Australia team know music export. Since 2009, they have assisted more than 1500 Aussie artists showcase internationally and they can make things happen for members whether it’s Barcelona, Brighton or the Bluebird in Nashville. More info at soundsaustralia.com.au

30 31 ROYALTY DISTRIBUTION TIMEFRAMES - WHEN DO MEMBERS GET PAID? ROYALTY DISTRIBUTION SCHEDULE With over 103,000 members across Australia, New Zealand and around the world, we administer a vast catalogue of songs and compositions on their APRA MONTHLY Overseas earnings and adjustments behalf. We also administer and collect performance and mechanical royalties on APRA FEB / MAY / Radio, television and online, music used in behalf of overseas societies for ALL of the music that is performed in our AUG / NOV advertisements (metro) and promoted concerts territory of Australia, New Zealand and the Pacific. APRA AMCOS collects and distributes royalties for music use including: AMCOS MAR / Mechanical royalties • Live performance (gigs at pubs and clubs) JUNE / SEP / DEC • Public performances (retail, hotels, background music, et al) • Radio broadcast • Television broadcast Live performances (where Performance Reports have • Streaming (e.g. Spotify/Apple Music) APRA NOV been submitted), music used in advertisements (non- • Performances at major festivals and promoted concerts metro) and ambient • Jingle broadcast • Unlogged performance pool claims AMCOS Print • Mechanical/duplication ANNUALLY DOMESTIC APRA AMCOS pays royalties that we collect from domestic usage every THREE MONTHS. From the first date of music use, it takes approximately three months to receive and process the usage information from the businesses and organisations we license. That means it can take 3-4 months from the ACCESSING ROYALTY STATEMENTS date of music use for domestic royalties to be received and paid. All royalties are paid directly into your nominated bank account. OVERSEAS APRA royalty statements can be accessed via the APRA AMCOS online Writer Portal. All Performance Rights Organisations and Mechanical Rights Organisations have their own distribution schedule. Some send money through to us AMCOS royalty statements are posted to AMCOS members. quarterly, some annually, some every two years. When it comes to paying overseas royalties to our members we are dependent on the distribution methods of our affiliate societies. In some cases, overseas royalties can take between 2 – 3 years to be received and paid to our members. If a member is expecting royalties from domestic or overseas performances and they don’t appear when expected, please contact Writer Services.

32 33 SUPPORTING MEMBERS SONGMAKERS brings some of Australia’s best songwriters and producers into high school for two days to mentor students to create We do more than collect and distribute royalties. We support songwriters and record new music. The program is about fast-tracking students’ and composers at all career stages, through a variety of skills development understanding of the industry and the importance of content creation for a and opportunities to build industry knowledge. sustainable career. For more: apraamcos.com.au/about-us/supporting-the-music-industry/ Alums include: CLEWS, Tia Gostelow, Rebecca Hatch, and producer Taka Perry. Find out more: songmakers.com.au BRIGGS “Getting told you have one day to write a song in a group is probably the best way to pick up skills you need to survive in the music industry.” Grace from CLEWS

“SongHubs can help propel you into the next MENTORSHIPS AND WORKSHOPS FOR WOMEN IN stage of your career.” MUSIC BRIGGS In 2017, we released research that identified the pathways and barriers for women working in music. This has led to our commitment to provide support to women through the development of programs to effect immediate and sustainable gender participation and equitable financial success for women songwriter and composer members.

SONGHUBS is an initiative that partners emerging and established APRA MENTORING AMCOS songwriters with renowned international songwriters and producers to • Dedicated 3 month mentorships across pop/contemporary, heavy music, create new works for local and international markets. SongHubs take place in film and TV composing both domestic and international locations. • Applications open in April each year • 600 Australasian artists have worked with over 200 international artists • Current mentees/mentors include: Lauren Coutts (Azura)/Sam Sakr, Asha across 68 - and counting - SongHubs events Jeffries/Hannah Crofts, Fiona Hill/Elliott Wheeler • SongHubs has already produced commercial releases for the likes of Troye • Previous mentorships include: Demi Louise/John Watson, Mookhi/KLP, Sivan, Morgan Evans, Dean Lewis, Briggs, Client Liaison, Peking Duk, Tkay Alissa Lagosti/Jay Stewart Maidza, Ainslie Wills, The Chainsmokers, Guy Sebastian, and many more. • Other mentoring programs include Western Australia industry Applying for SongHubs: mentorship and partnerships with SIMA, Sydney Conservatorium of • to be eligible you will have had commercial success in past 2 years Music, and Tura New Music • can show you have an upcoming release in next 12 months EQUALIZE • keenness to collaborate Music production workshops for women, consisting of hands-on studio work • Contact [email protected] to be added to mailling list and to receive across several disciplines including electronic music, pop, screen composition invitations to apply and live recording. • More info on eligibility and the program at apraamcos.com.au/songhubs More info - apraamcos.com.au/about-us/gender-diversity/ 34 35 AWARDS SUPPORTING ABORIGINAL LEAH FLANAGAN We honour songwriter, composer and publisher members at our annual Awards events: APRA Music Awards, Global APRA Music Awards, Art Music AND TORRES STRAIT Awards (with Australian Music Centre) and Screen Music Awards (with Australian Guild of Screen Composers). ISLANDER SONGWRITERS ART MUSIC FUND ABORIGINAL AND The annual $100,000 fund supports brave new works. TORRES STRAIT ISLANDER PROFESSIONAL DEVELOPMENT AWARDS MUSIC OFFICE The biennial awards exist to provide support to emerging songwriters and composers. Nine awards of $15,000 are given out to support professional Provides opportunities for Aboriginal opportunities. and Torres Strait Islander songwriters DONNA WOODS and composers to develop their talents NATIONAL EVENT SERIES & WORKSHOPS and build careers in the local music Free and open to all members and those interested in joining APRA AMCOS. industry. Network and learn more about the industry through events including Indie If you or an artist you represent is of 101, Meet The Locals, SongCraft (Songwriter Speaks, Anatomy of an Album), Aboriginal or Torres Strait Islander and more. heritage and writes original music, LIVE MUSIC OFFICE please contact National Manager Leah Increasing opportunities for live music in Australia by identifying and Flanagan or National Representative advocating for better policy, regulation and strategy. livemusicoffice.com.au Donna Woods at [email protected] or call 1800 642 634. SOUNDS AUSTRALIA Alternatively, if you have an existing “Starting Ground gives regional Since 2009, this initiative has been instrumental in paving a global path for relationship with any of our Writer artists the opportunity to network such acts as Alison Wonderland, Dean Lewis, Gang Of Youths and more. They Services Representatives, you may and seek advice from a wide range bring the AUSSIE BBQ, Sound Gallery and the networking Long Lunch to the choose to contact them directly. global music industry. soundsaustralia.com.au of professionals under one roof.” Candice Lorrae, The Merindas MUSIC GRANTS STARTING GROUND Each year we allocate 1.75% of APRA’s distributable revenue to fund hundreds of initiatives across the music industry for the benefit of members In partnership with Create NSW, Starting Ground is a two-day music and the next generation of music creators in Australia and New Zealand. See workshop for Aboriginal and Torres Strait Islander musicians who want to dates and info on the annual grant application process here: learn more about song craft and the music industry – from studio production apraamcos.com.au/music-grants to co-writing to booking a tour, publicity, copyright and more. VANDA & YOUNG GLOBAL SONGWRITING Mentors including Sue Ray, Robbie Miller and Candice Lorrae have visited Tamworth, Bathurst, Eden and Byron Bay since 2015, and in 2019 the first COMPETITION Starting Ground outside of NSW took place in Kalgoorlie, WA, in partnership This annual competition comes with music’s biggest songwriting prize of with WAM. $50,000. It also raises funds to benefit Nordoff-Robbins Music Therapy We are also currently exploring opportunities for Starting Ground to occur in Australia. To enter go to vandayoungsongcomp.com. To find out more about other states and territories. NRMTA, go to www.noro.org.au Find out more apraamcos.com.au/startingground 36 37 APRA AMCOS BENEFITS MEET THE TEAM WHO SUPPORTS OUR MEMBERS We have Member Relations and Writer Services Reps based around the APRA AMCOS provides members and licensees with exclusive discounts and country who can help with questions and queries regarding copyright, deals on everything from insurance and accounting through to audio gear collaborating, grants, royalties, and pretty much all things music industry- and studio time. Make sure to know your member number. related. Here are a few of the faces: TRAVEL AND ACCOMMODATION MILLY PETRIELLA CHRIS O’NEILL PHILLIP EATON • Virgin Australia offers the music industry a baggage allowance of 64kg for domestic travel (across four pieces of checked baggage), including for APRA AMCOS members. • USA accommodation – Los Angeles and Nashville. • Showgroup offers. • QANTAS allows musicians who are members of an eligible musical association (including APRA AMCOS) additional baggage allowance for Director Member Relations Senior Manager - National Writer Services Rep (NT) Domestic travel within Australia. Engagement (VIC) ALANA JAGT STUDIOS, EQUIPMENT, AND COURSES ANDREW TUTTLE GREG MORROW • Access to the best studios and equipment in Australia, NZ and beyond. Studios 301, Heliport, Bakehouse and more offer benefits. • Discounts on music courses, including 30% off first 10 week term at I Heart Songwriting Club. INSURANCE

• JLT - As our principal Risk partner JLT have solutions ranging from public Manager Film and TV (NSW) Team Leader - National liability (gig cover) to equipment and teaching insurance. Writer Services Rep (SA) Engagement (QLD) • Aon – Public liability, equipment cover, personal accident cover, and FRANK RODI TENILLE ELKINS teaching insurance. CAMERON LAM BUSINESS SERVICES Lawyers, accountants and tax services, including Sorrento Strategic, Arts Law and more, to help with a range of business matters. AND MORE INCLUDING: • Music marketing Art Music Specialist (VIC) Innovation & Electronic Music Senior Writer Services Rep (WA) • Web services Specialist (NSW)

• Publications And, remember you can always reach the team at [email protected] or 1800 642 634 Find out more at apraamcos.com.au/about-us/apra-amcos-benefits For New Zealand-based members, please visit apraamcos.co.nz/contact-us to be in touch with the Writer Services team. 38 39 VOTING TO ELECT THE APRA AND AMCOS The AMCOS Board consists of 12 directors. There is no defined split between writer and publisher members in the AMCOS constitution. BOARD OF DIRECTORS Each year four of the AMCOS Board must retire, provided they have served at JENNY MORRIS least three years on the Board. The order of retirement is determined based “It’s your music and it’s your APRA. If you’re upon the length of time a director has served in their current term – i.e. those eligible to vote, you should use it to elect the who have been in office longest must retire. Members you want to represent you on the apraamcos.com.au/about-us/board-of-directors/ APRA Board, who make decisions about your royalties and your rights. I encourage you to get involved and make your vote count.” MANAGERS: CONTACTING APRA AMCOS Jenny Morris, APRA Chair ON BEHALF OF YOUR ARTISTS If you ever have questions or queries, you can direct these to writer@apra. com.au or call the Writer Services department in your relevant state office. Live Chat is also available on the website during regular business hours. An important right that comes with being an active member of an association like APRA or AMCOS is the right to vote in the election of directors LETTER OF AUTHORITY to the APRA and/or AMCOS Boards annually. It is important to note that in order for yourself or a company staff member WHO VOTES? to liaise with APRA AMCOS on behalf of your artists, you will need to have the member complete and return to us a Letter of Authority. Full members who have earned royalties during either of the last two financial years are eligible to vote. These earning requirements apply This will also give the member the opportunity to direct which independently to both APRA and AMCOS – i.e. if an individual is a member correspondence should go to them directly and to their authorised point of of both organisations but have only earned royalties from one company in contact. the last two years, then that member can only vote in the election for that Please request this via the Writer Services team. company. If your management relationship with an artist ceases, a Letter of Authority Members eligible to vote are sent notification of the AGM and voting ahead Cancellation form can be sent by us to the member, or it can be downloaded of the November meeting. from the website. Read more about how voting works. apraamcos.com.au/about-us/faqs/ apraamcos.com.au/music-creators/forms/update-your-personal-details/ faqs-on-electing-board-of-directors/ CHANGE OF DETAILS How many votes does each member have? If details for your artists change (bank account, contact, etc.) these can be Members receive one vote for any royalty earnings during either of the last amended through the APRA AMCOS Writer portal online. Alternatively, these two financial years, and an additional vote for any $2,500 “block” of earnings changes can be emailed to [email protected] or to any Writer Services received over the past financial year. Representative. The APRA Board consists of six publisher directors and six writer directors Some details, such as a change of legal name or GST registration, can only be (one of which must be a New Zealand writer member). amended via email. Each year two writer directors and two publisher directors must retire from the APRA Board, provided they have served at least three years on the Board. DISPUTES The order of retirement is determined based upon the length of time a If disputes arise relating to your artist’s works, please let us know. We can director has served in their current term – i.e. those who have been in office put a ‘freeze’ on the work until an outcome is agreed upon, and can offer longest must retire. pathways to resolution. 40 41 GOLDEN RULES RESOURCES 1. Artists who write songs must join APRA in order to be paid their We provide an abundance of tips and tools to help you understand your PERFORMANCE royalties. APRA AMCOS membership, and support you in your music career, housed at 2. Songwriters and composers who are unpublished and are eligible should apraamcos.com.au. join AMCOS in order to be paid their MECHANICAL royalties. If a writer Join - apraamcos.com.au/join/ has signed a publishing agreement then the publisher will collect and Glossary - apraamcos.com.au/glossary administer the mechanical royalties for the songs that are subject to that Aggregator Guides - apraamcos.com.au/aggregators agreement. Overseas performance reports - apraamcos.com.au/osperformancereports Cultivate an atmosphere of transparency around song ownership and 3. How to submit a Performance Report - apraamcos.com.au/performance- ensure that song splits are agreed upon between co-writers before a reports-guide/ session starts, or as soon as the song is finished. Then, make sure that the songs are registered with APRA AMCOS right away. Ensure published How to claim what’s yours - apraamcos.com.au/claims writers provide details to publishers straight away. Tips of the trade - apraamcos.com.au/resources 4. Make sure the band understands that writing members don’t need to Music industry sources - apraamcos.com.au/music-industry ‘pay’ non-writing members with splits in a song. If the songwriters in the band want to share their royalties with non-writing members, band agreements can be used to share royalties with other members for as Arts Law - artslaw.com.au long as they’re in the band, while still preserving the original ownership Association of Artist Managers (AAM) - aam.org.au splits. Australian Copyright Council - copyright.org. au 5. Always tell APRA AMCOS when a publishing agreement is signed, and Australian Music Radio Airplay Project (AMRAP) - airit.org.au also provide us with a copy of those agreements. Prompt the publisher ARIA - ISRC Codes - aria.com.au/pages/isrc.htm to register the agreement with APRA AMCOS so that we can distribute Phonographic Performance Company of Australia (PPCA) – ppca.com.au royalties properly. Support Act – supportact.org.au 6. If members want to earn royalties from the live performance of their songs in licensed venues, they MUST submit Performance Reports via the Writer Portal. If evidence can be provided for past performances, live State and Territory organisations performance royalties can be retrospectively paid up to three years from the date of performance, so long as they were a member at the time. MusicACT – musicact.com.au MusicNSW – musicnsw.com 7. If members play promoted concerts, festivals or events, GIVE THE SETLISTS TO THE PROMOTER OR SEND THEM TO US otherwise we can’t pay MusicNT – musicnt.com.au PPCA (Phonographic them the songwriting royalties they’ve earned from the live performance Music SA – musicsa.com.au Performance Company of Australia Ltd) grants licences for of their original works. Music Tasmania – musictasmania.org.au the broadcast, communication Music Victoria - musicvictoria.com.au or public playing of recorded 8. We do more than collect and distribute royalties, so keep in touch with music (such as CDs, records and Writer Services. Members can contact us with questions and we can help QMusic – qmusic.com.au digital downloads or streams) to monitor and query royalties both here and overseas. writer@apra. WAM (West Australian Music) – wam.org and music videos. PPCA then com.au distributes the net licence fees collected to its licensors 9. More resources and tips are at apraamcos.com.au. We also keep in touch - generally record labels and through our fortnightly newsletter APRAP, invitations to events and registered recording artists. notices to apply for career development opportunities. 42 43 CONTACT US [email protected] | (02) 9935 7900 | 16 Mountain Street, Ultimo NSW 2007 Postal Address | Locked Bag 5000, Strawberry Hills NSW 2012 VIC and TAS | (03) 9426 5200 | 2A/68 Oxford St Collingwood Vic 3043 QLD | (07) 3257 1007 | 3 Winn Street, Fortitude Valley QLD 4006 SA | (08) 8331 5800 | Suite 29, 8-20 O’Connell Street, North Adelaide SA 5006 NT | (08) 8941 0988 | Level 2, 8 McMinn Street , Darwin NT 0800 | GPO BOX 4519, Darwin NT 0801 WA | (08) 9382 8299 | Suite 1, 12-20 Railway Road, Subiaco WA 6008 NZ | [email protected] | (09) 623 2173 | Toll free 0800 692 772 Unit 113, Zone 23, 21 - 23 Edwin Street, Mt Eden, Auckland 1024 Postal Address | PO Box 6315, Wellesley Street, Auckland, 1141