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Please note most of the information in this section
is UK-specific - laws and customs may be different in other
countries.
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Copyright law is very complex and although great care has been taken in compiling
these notes which are of particular interest to amateurs, neither the IAC
nor the compilers accept responsibility for any inaccuracies or misunderstanding
that may result from their use.
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IAC has negotiated special arrangements with the various licensing bodies
allowing the use of both Library music and Commercial recordings in
members’ sound tracks for their video, film, and audio visual
presentations.
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Copyright is recognised by Acts of Parliament – the main legislation
being the Copyright, Designs and Patents Act of 1988 and subsequent amendments.
The Law is designed to protect the ownership of the work of writers and composers
and others to whom the creators of the work have assigned their Rights, as
well as the manufacturers of sound recordings and broadcasting authorities.
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Current legislation extends the protection period to SEVENTY years after
the death of the creator and an infringement of its provisions can give rise
to legal action.
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The Rights to be cleared cover:
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The Rights of composers and arrangers
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The recording from which a sound track is made
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The performer(s)
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The public performance
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It is an offence:
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To make a recording of Copyright music, even if that recording is not played
back
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To record, or copy, any recording without the consent of the maker and or
performer(s)
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To play or reproduce Copyright music in public without the appropriate
permissions
Any group of persons including neighbours and friends outside the family
circle have been held by the Courts to be PUBLIC.
THE IAC COPYRIGHT CLEARANCE SCHEMES PROTECT MEMBERS FROM THE ABOVE
RISKS.
About the scheme
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THE LICENCES
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Mechanical Copyright Protection Society (MCPS)
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British Phonographic Industry (BPI)
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Phonographic Performance Limited (PPL)
IAC LICENCES ARE AVAILABLE ONLY TO:
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IAC Members and IAC Affiliated Clubs.
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Members of the Royal Photographic Society (MCPS and BPI only)
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The Scottish Association of Movie Makers (MCPS and BPI only)
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The Photographic Alliance of Great Britain (MCPS and BPI only)
A licence in a club’s name applies only to productions made by the club
nominated. It does not cover productions made by individual members on their
own behalf. Similarly, licences in the name of an individual clear that
person’s work only.
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SCOPE OF THE LICENCES
The IAC Copyright Clearance Schemes offer licences which cover the use of
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LIBRARY MUSIC - this being music which has been specially
composed and recorded for use by the Radio, Film and Television industries
COMMERCIAL MUSIC - recordings purchased through normal
retail channels in the United Kingdom.
If recordings were purchased abroad then contact MCPS to ascertain that they
have been registered in the UK. You will then know if they are covered by
our IAC licences or, if not, then where the Copyright may be held.
A person at MCPS (currently,Andrew) should be able to help in these cases.
Contact telephone: 0207 7306 4500
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THE LICENSING BODIES
MECHANICAL COPYRIGHT PROTECTION SOCIETY
(MCPS)
| MCPS protects the Rights of the Composer and permits the licensee
to record (dub) musical works owned by its members which have previously
been released as a sound recording on condition that the recordings are privately
used only: |
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a) |
For exhibition to friends and relations in private |
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b) |
On amateur movie, photographic or video club premises where admission
is free or where a charge is made for club funds |
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c) |
For public exhibition when such is promoted for the raising of club funds
or for bone fide charitable causes |
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d) |
For not more than TWO public exhibitions held annually in addition to
those in (a) and (b) above |
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e) |
For exhibition at annual amateur movie, photographic or video festivals
attended by competitors and friends |
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f) |
Exhibition to judges in amateur film, photographic or video competitions |
| The licence clears FOR ALL TIME dubbings made within the twelve
months of the licence |
BRITISH PHONOGRAPHIC INDUSTRY
(BPI)
| In normal circumstances the record companies do not permit
their commercial products to be re-recorded or dubbed. The BPI licence issued
by IAC on their behalf permits the copying of recordings made by leading
manufacturers. The BPI licence permits an unlimited number of copies of
recordings to be made within the conditions of the licence during one year
from its date of issue.
It should be noted that Copyright in the recording is separate from any other
Copyright attached to the material recorded. Even if the material is free
from any other Copyright the RECORDING itself is Copyright to the recordist
or the record manufacturer.
The BPI licence covers the RECORDING PROCESS of all recordings made by leading
manufacturers and its conditions are as follows: |
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a) |
The original recording used by the licensee must be his/her personal
property and purchased through regular retail channels |
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b) |
The names of all instrumental groups, bands, orchestras, choruses, solo
artists and/or performers shall NOT be identified in subtitles or credits
etc. |
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c) |
All other Copyrights e.g. Composer, Performer, shall be cleared before
the recordings are copied or dubbed |
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d) |
That no copies of the sound tracks on which the recordings reside be
used for any other purposes whatsoever. |
PHONOGRAPHIC PERFORMANCE Ltd. (PPL) –
for IAC Members only
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In addition to the BPI licence, a licence is necessary for the REPRODUCTION
IN PUBLIC of sound tracks created from commercial recordings.
The PPL licence also covers the live use of recordings played as background
during the entrance and exits of audiences and during intervals as an
accompaniment to film, video and audio visual presentations that may not
have a pre-recorded soundtrack.
The licence does not cover requirements which may be imposed by local
authorities. |
MUSICIANS’ UNION
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Performers Rights are
administered by the Musicians’ Union.
Under the provisions of the Copyright, Designs & Patents Act 1988 the
consent of the performers is necessary in relation to the exploitation of
their performances including recorded performances.
This is in addition to all clearances and consents that have to be obtained
with regard to Composer and Recording Rights.
As from August 2005 it is no longer necessary for IAC members to apply to
the Musicians’ Union for performers consent for each incorporation of
a sound recording into a project, provided all that is intended with that
project is private use and/or exhibition to a non-paying audience.
However, commercial exploitation will still require the prior consent of
the Union
In such cases, or if you have any queries, please contact the Media Department
of the Musicians’ Union on 020 7840 5556 |
Outside the scheme
| 10. |
The Performing Rights Society (PRS) issues licences covering commercial
premises in which Copyright music is played. These are quite separate from
the Copyright clearance licences issued through the IAC. (Contact: PRS, Copyright
House, 29-33 Berners St, London W1T 3AB) |
| 11. |
CHURCH SERVICES – WEDDINGS etc
Any music that you video-record may be in copyright. This means that you
need specific licences for the recording and post-production. In the past
there have been several ways of obtaining licences for this purpose but as
Weddings, Christenings, etc. can now take place in so many different types
of venues it is impossible to obtain a single licence to cover all eventualities.
The easiest way in which to find out which situation corresponds with your
requirements is to go to the website of EUROPEAN COPYRIGHT LICENSING Ltd
(www.videolicence.co.uk) or telephone
01323 436111. This organisation now handles the combined licences from MCPS
and PPL for private functions. From the website you can download the necessary
application form and tick the appropriate boxes. You should then be able
to obtain the licence you require for any type of video-recording you may
be planning.
The licence can be constructed to allow video recording of the service, and
any following reception where music is played, also for Post-Production work
on the video recording. To ensure that your licence is processed in time
for the function, please ensure that your completed application form is received
by ECL at least seven days beforehand. |
Current costs of the MCPS, BPI and PPL licences for IAC members are less
than £8.00 per annum!
All applications for licences should be addressed to:
IAC, Global House, 1, Ashley Avenue, Epsom, Surrey KT18 5AD
Download application
form here
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