WHAT IS A PERFORMANCE REPORT?
A Performance Report (previously Live Performance Return or 'LPR') is an online form submitted by performers to APRA AMCOS, which reports details of their live performances in New Zealand and Australia. APRA AMCOS processes and uses this information to distribute royalties to songwriters whose works are being performed live.
WHERE DOES THE MONEY COME FROM?
APRA AMCOS collects licensing fees from venues that have live performances on their premises. These licence fees are combined into a “distribution pool”. APRA AMCOS then allocates royalties from the distribution pool to songs performed at licensed venues using information supplied from Performance Reports.
HOW DOES THIS ALL WORK?
Before the yearly cut-off date (performers will be advised of the date by email), each band or performer needs to notify APRA AMCOS of their live performances for the previous year (1 July - 30 June). This is done by logging onto the APRA AMCOS website and completing Performance Reports. You will be asked to enter your band/performer name, list where and when you performed, and enter the songs you performed at those venues in setlists.
WHEN WILL I GET PAID?
Performance Reports are currently paid annually, usually in APRA AMCOS’s November distribution payment. To receive a payment, Performance Reports must include performances at eligible licensed venues and be submitted prior to the cut-off date.
I’VE PERFORMED OVERSEAS. HOW DO I CLAIM ROYALTIES FOR THESE GIGS?
To claim royalties for live performances outside of New Zealand or Australia, you’ll need to complete and submit an Overseas Performance Report. Once APRA AMCOS has been notified of an overseas performance through an Overseas Performance Report, we will contact the relevant foreign society on your behalf to claim any relevant royalties. The deadline for Performance Reports does not apply to Overseas Performance Reports. Please note that payment for overseas performances is not guaranteed, as it depends on the distribution rules of the foreign society.
WHAT IF I PERFORM AT A CORPORATE GIG OR PRODUCT LAUNCH?
You will need to contact the APRA AMCOS office as this may be considered a performance outside of our Performance Report parameters.
WHAT IF I PERFORM ON A CRUISE SHIP?
If the cruise line is operated and owned by a New Zealand or Australian company, these performances can go on your regular Performance Reports. If the cruise line is operated and owned by an overseas company, these performances will need to be submitted on an Overseas Performance Report.
DO WE NEED TO SUBMIT ONE PERFORMANCE REPORT FOR EACH MEMBER OF OUR BAND?
No, you only need to submit one Performance Report per band, per show.
I’M SUBMITTING THE PERFORMANCE REPORT FOR MY BAND, BUT SOME OF THE SONGS AREN’T WRITTEN BY ME. HOW DO I SUBMIT THESE SONGS?
You submit these songs just as you would any covers played. You will search by the writers’ names when creating your set list and select those works to add to those you are a writer on. You do not need to get different writers to login and add their songs – only one member of a band should submit a Performance Report!
DO I NEED TO INCLUDE COVERS?
It is appreciated if you include all covers you perform in your Performance Reports. Royalties will go to the original composers of the work. Add them to your setlists by searching for works by the original writer or performer.
WHAT IF I DO AN ARRANGEMENT OF A POPULAR WORK THAT IS STILL IN COPYRIGHT AT MY GIG?
Unless you have permission from the copyright owners of the work, you cannot claim and be paid for an arrangement of another person’s work. You will, however, need to enter this work on your Performance Reports as being written by the original writers so they will be allocated a royalty for your performance of their song.
WHAT IF I IMPROVISE AT GIGS? HOW DO I LOG THESE?
You can claim Performance Report royalties for improvisations as long as the musical work is in a material or tangible format and therefore protected by copyright. If your gigs are not recorded, then you’re not able to claim Performance Report royalties for improvised works.
HOW DO I REPORT MULTIPLE PERFORMANCES AT THE SAME VENUE?
If you are performing at a particular venue on a regular basis, please click on the ‘Recreate with same details’ button at the end of reporting the first performance there. Then simply alter the date and select the set list you wish to add. Continue until all dates at this venue have been lodged - this will save you listing the same venue details numerous times.
WHAT CAN’T I CLAIM ON MY PERFORMANCE REPORT?
Although you can claim live performances in public venues in New Zealand and Australia, there are several important exceptions to note.
You cannot claim:
- Private Functions: Performances at private functions such as weddings and parties (even if held in public venues) or nursing homes, hospitals etc. are considered to be private performances in accordance with the Copyright Act. APRA AMCOS is not able to issue licences for private performances, and therefore cannot distribute royalties to songs performed at private live performances.
- Performances at worship services: APRA AMCOS does not license religious worship services.
- Performances broadcast on the radio or television: Live performances broadcast over the radio or television are not considered live performances, but rather a Broadcast. We distribute royalties for these performances under our normal distribution for TV and radio.
- Busking performances: Busking performances are not licensed by APRA AMCOS and so are ineligible for APRA AMCOS royalties.
- Ballets, Musicals Operas: If your music is performed in conjunction with acting, costumes, scenic accessories and scripted dialogue, or other dramatic effects it is considered a ‘dramatic context’ or ‘grand rights’ performance. Live performance royalties generated by music performed in ballets, musicals, operas etc. are managed separately to the Performance Report system.
Why are there so many exceptions?
There are many different APRA AMCOS licences that venues can hold when they use music in their business. APRA AMCOS can only pay a royalty through the Performance Report scheme for performances at venues that hold an APRA AMCOS licence specific to hosting live performances. These venues pay APRA AMCOS licence fees that contribute to the Performance Report “distribution pool”.
I MISSED OUT ON SUBMITTING MY LPR FOR A PREVIOUS YEAR, IS THERE ANY WAY I CAN STILL GET PAID FOR THESE PERFORMANCES?
Retrospective performances from previous financial years can be submitted online after receiving authority from a Writer Services Representative. Please note, retrospective claims can only be back-dated three financial years. For the previous financial year (the most recent one), you may submit a Performance Report as usual. However, for performances two and three years previous, you will need to support your claim with third-party evidence such as posters, online advertisements, letters from venues/booking agents, ticket stubs etc. Contact your local Writer Service Representative for more information.
WHY IS IT THAT SOME PERFORMANCE REPORTS ONLY HAVE THE ‘VIEW’ OPTION, WHEREAS OTHERS HAVE THE OPTION TO ‘VIEW’ OR ‘DELETE’?
You will be able to ‘View’ or ‘Delete’ your more recent Performance Reports until the yearly cut off date. This allows you to delete and/or replace any reports with incorrect information up until that time. After that point, you will only be able to ‘View’ those Performance Reports for your records. This is because we have already paid you based on the information supplied, and as such cannot allow its removal from the system.