Live streaming music licensing advice for APRA members

Tuesday, 12 May 2020

As at 5 May 2020 (this advice is subject to change)

*If you are a current licensee or new service seeking advice on live steaming music concerts during the COVID-19 lockdown please see THE UPDATE HERE

We understand that the COVID-19 lockdown is having a huge effect on our members and with the loss of income from normal live performance, many of our songwriters and composers are turning to live streaming. Here’s an overview of what members need to know in regards to music licensing and live streaming their own live performances.

IMPORTANT:

  • APRA AMCOS licences only apply to Australia and New Zealand
  • APRA AMCOS licences do not cover sound recordings
  • APRA AMCOS licences do not cover sync rights (e.g. where a concert has been recorded for delayed or on-demand streaming)

STREAMING MUSIC CONCERTS/PERFORMACES DURING COVID-19 LOCKDOWN

Facebook/Instagram/YouTube

We have licences in place with these platforms that allow you to live stream performances providing there is no charge to users.

We encourage our songwriter and composer members to keep track of their set lists for live performances on these platforms so we can pay your royalties from the licence fees we collect from the platforms.

SUBMIT YOUR SETLISTS HERE

Please note that any royalties payable will be subject to APRA AMCOS’ distribution policies.

However, our licences with these platforms do not cover performances where you charge a fee to view/access the performance or are otherwise commercialising the stream. In these cases you will need to contact us either to obtain a licence or to obtain a licence back (if you are playing a mix of your own songs and covers you will need to do both).  Please email okhouri@apra.co.nz to request a licence if your performance includes songs other than your own and there’s a cost to view.

Please email writer@apra.com.au to request a licence back if your performance includes only your own songs and there’s a cost to view.

Our licences with these platforms also covers streams of pre-recorded and saved performances, but you should also obtain other necessary clearances (such as synchronisation rights) from your music publisher and/or record label if you have a deal. If you have questions, please contact okhouri@apra.co.nz

Your own website

If you are only using your own works and streaming them from your own website, you can contact us at writer@apra.com.au to arrange a licence back for your works so no licence fee is payable. Please note the administration fee is usually waived and only payable on complex licence back requests.

If you are playing a mix of your own songs and covers, we will be able to offer you a licence.  

  • For ongoing live streams where you are not charging end-users or you expect to earn less than $12,000 in gross revenue per annum (e.g. through advertising, ticket sales or donations), you can use our online mini licence for webcasting which will cover you for ongoing activity over 12 months.
  • For one-off live streams where you are charging a fee to view/access the performances or asking for donations the fee will be 1.85%+GST of gross revenue subject to a minimum fee. (These are temporary, non-precedential, concessionary rates offered as part of our response to the pandemic and you should be aware that our standard rates for streaming concerts online start from 12%.)

Once again, if you are recording your event for delayed or on-demand streaming you should also obtain other necessary clearances (such as synchronisation rights) from your music publisher and/or record label if you have a deal. If you have questions, please contact okhouri@apra.co.nz

Note: where a licence is required, we reserve the right to review each request on its individual circumstances.

Platforms not licensed by APRA AMCOS

There are many other platforms offering ‘solutions’ for artists/bands looking to stream concerts.  We understand that you may be interested in using these platforms but you should note:

  • Many are not licensed, including platforms that refuse to obtain necessary licences from us and other collecting societies.
  • If your song is covered by another artist and they stream on one of these platforms, you won’t receive any royalties for this use.
  • Many of these platforms will say that the obligation to pay the copyright owners rests with you – this means you will be responsible for obtaining any necessary licences if you choose to use the platform.

If you have further queries on music licensing for live streams, please contact okhouri@apra.co.nz


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