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13. Handling copyright issues

Whatever sort of music you're recording, you'll need to consider the copyright implications of the items to be recorded. Whether the works are all original or all previously published, a simple procedure is available to safeguard your interests in producing the recording and handle the payment of royalties to composers, arrangers and authors of copyright works.

Most composers and publishers seek to safeguard their work through a copyright licensing organisation which collects royalties on behalf of its members for all 'mechanical' recordings and releases of their works. In the UK this organisation is the Mechanical Copyright Protection Society (MCPS).

As soon as a piece is written or recorded, copyright protection begins and the writer or his publisher (if he has one) has the right to determine who can make recordings and under what terms. MCPS offers various schemes to allow organisations or individuals to release recordings of music for which they represent the copyright owners.

The MCPS AP2 (Audio Product Licensing) scheme provides a simple way to obtain a copyright licence and for this you will need to submit an 'Application for Licence' (AFL) form to MCPS. It has two parts, one for the general details about the product (such as catalogue number, format and quantity) and another to list the tracks which are to be included. An AP licence is required for any quantity, no matter how small.

The completed AFL should be sent to MCPS and if it is in order they will raise an invoice which must be paid before the licence is issued. It is important to note that the manufacturer will not press or duplicate from the master tape unless a licence has been issued. If you are selling the record directly to the public, without a third-party distributor, then the invoice will correspond to 6.5% of the retail price.

An option is available to cover any promotional copies which you might want to give away free of charge from the first run - so you'll only need to pay for the copies you actually intend to sell.

When the licence is issued for the first run of CDs and/or cassettes you will also receive an AFRL form in case you wish to manufacture further copies of the recording in the future. This should be kept safely since it is the only copy and will be needed in the event of a repressing of your CD.

The MCPS application forms and guidance notes may be available from your producer or recording company or direct from MCPS by telephoning (020) 8664 4400. You can also download the form from the MCPS website.

Other organisations provide a similar facility in many other countries and reciprocal agreements are in place to handle import and export of recordings.

Obtaining permission to record copyright works is the responsibility of the person or group releasing the record; however your producer, recording company or manufacturer may be able to assist with the application or complete the forms on your behalf.

The vast majority of published music is either in the public domain (which usually occurs 75 years after the death of the composer or arranger) or licensed by MCPS, making the application process straightforward. Newly written works may be subject to a "first recording restriction" and new arrangements which have not been agreed by the publishers may not be granted a licence.

For items which are copyright but not licensed through MCPS you may need to contact the copyright owner direct to obtain their permission prior to including the work on your CD. If are in doubt about any item it's a good idea to get advice from MCPS or your producer on how to proceed.

The copyright licensing procedure can be complex and lengthy so once again it's a good idea to make a start on your application at the earliest possible opportunity, to ensure there are no problems with the items you plan to include and the release of your album isn't delayed.

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