May Book 2020 May 2020 - Page 15

featured performer on a track which is registered with featured a track which is with registered with Recorded performer Music NZ, on you may register Recorded Recorded Music its NZ, Direct you may register with Recorded Music NZ under to Recording Artist Scheme. Music its Direct to Recording Artist Scheme. Under NZ that under scheme, by default Recorded Music NZ will Under that scheme, by default Recorded Music NZ will pay you 50% of the revenues collected for that track, pay of the 50% revenues for that track, with you the 50% remaining going collected to the copyright owner with the remaining 50% going to the copyright owner (this default position can be changed by agreement – (this default position can be www.recordedmusic.co.nz/ changed by agreement – for more information go to for more information go to www.recordedmusic.co.nz/ portfolio/membership-for-artists/ portfolio/membership-for-artists/ Recorded Music NZ distributions are made annually and Recorded Music distributions are made you need to have NZ your tracks registered with annually them by and you need April to have your date tracks registered with them by the 30th cut-off each year in order to receive the 30th payment. April cut-off date each year in for order to receive a direct If you don’t register particular a direct any payment. If you don’t register particular tracks, earnings attributed to those for tracks will be tracks, earnings to those tracks label/ will be passed any to the rights attributed owner (often the record passed to the owner (often the details record of label/ distributor) to rights be distributed as per your distributor) to be distributed as per register details each of your recording contract. You only need track recording contract. need register each track if once but make sure You you only let Recorded Music NZ know once but make sure you let Recorded Music NZ know if there are any changes. there are any changes. NEIGHBOURING RIGHTS ROYALTIES BEYOND NEIGHBOURING NEW ZEALAND RIGHTS ROYALTIES BEYOND NEW ZEALAND If a song is publicly used in territories outside of New If a song – is your publicly in territories outside New Zealand song used is getting radio airplay in of Australia, Zealand your fitness song classes is getting airplay pumped – into in radio the UK, used in Australia, a TV pumped fitness in the in UK, used a TV – program into in the US or classes performed a club in in Europe program in paid the US performed in a club in Europe – will you be for or the neighbouring right? will you be paid for the neighbouring right? The answer varies to that question, because The answer varies to legislation that question, because neighbouring rights differs in each neighbouring rights legislation differs are in each territory. Currently about 80 countries paying for territory. Currently about countries paying worth for neighbouring rights uses. 80 The sector is are currently neighbouring rights uses. The sector is currently worth approximately US$2.7 billion. approximately US$2.7 billion. So, if you know your sound recordings are getting So, if you know your recordings are getting played beyond New sound Zealand, it’s important to review played beyond New Zealand, it’s important review your options to collect potential royalties in to other your options This to collect other jurisdictions. might potential be either royalties through in Recorded jurisdictions. This applicable, might be either through Recorded Music NZ where a label or a neighbouring Music NZ where applicable, a label or a collecting neighbouring rights agent, or by authorising another society rights agent, or by authorising another collecting society to collect from their respective territories on your behalf. to collect from their territories your behalf. Recorded Music NZ respective currently has bilateral on agreements Recorded Music NZ (Australia), currently has bilateral in place with PPCA PPL (United agreements Kingdom) in place with PPCA (Australia), PPL (United Kingdom) and Sound Exchange (United States). and Sound Exchange (United States). Neighbouring rights in the USA are a little more Neighbouring rights in the USA are a little more complex: complex: • The USA does not recognise the terrestrial broadcast • right The USA does not recognise the terrestrial broadcast for sound recordings, meaning traditional radio right for broadcasters sound recordings, traditional and TV do not meaning need a licence (and radio so and TV pay broadcasters do not need a licence (and so are do not a licence fee), when sound recordings do not pay a licence fee), when recordings played on air, although they still sound require licences to are played on the air, although they still require broadcast underlying musical work. licences to the underlying musical work. • broadcast The USA does pay for internet broadcast • The USA does pay of for internet broadcast (communication) sound recordings, so companies (communication) of and sound recordings, companies like iHeart, Pandora Sirius do have so to pay. like iHeart, Pandora and Sirius do have to pay. Differing legislation in various territories results in a Differing legislation in various territories results or in not a number of factors that may determine whether number of factors that may determine whether or not particular artists and/or particular recordings are eligible particular artists and/or particular recordings are eligible for payment. These factors can include: for payment. These factors can include: • Citizenship of featured artists • Citizenship featured artists Residency at of time of recording • Residency at time of recording Where the recording took place (if you recorded in a • Where took country the that recording recognises the place right) (if you recorded in a country that recognises the right) Depending on the territory where the performance Depending on the territory where (other the performance took place, individual performers than those that took place, individual performers (other may than be those that own copyright in the master recording) entitled own copyright in the master recording) may be the entitled to receive a share of the revenues directly from to receive a share of the revenues from Music the relevant collection body. However, directly Recorded relevant However, Recorded Music NZ does collection not collect body. revenues on behalf of individual NZ does not for collect on behalf of individual performers music revenues use outside New Zealand. performers for music use outside New Recorded Music can provide advice but Zealand. performers Recorded Music can provide advice but performers would need to approach overseas bodies directly. would need to approach overseas bodies directly. Further info on managing your neighbouring rights Further info on your neighbouring rights If you would like managing to know more or speak directly to If you would like to know more or speak directly to one of our team about registration both here in New one of our team registration both here in New Zealand and your about options for offshore collection, please Zealand and member your options for offshore collection, please contact our services team at memberservices@ contact our member services team at memberservices@ recordedmusic.co.nz recordedmusic.co.nz @RECORDEDMUSICNZ RECORDEDMUSICNZ NZ MUSIC COMMISSION MAY BOOK 2020 • 15 @RECORDEDMUSICNZ RECORDEDMUSICNZ