By Richard Mallett: Director, Recordings & Online Services, APRA|AMCOS
In this update, we have news on the Copyright Tribunal reference for digital music services, APRA|AMCOS’ licensing discussions with user generated content services, our current work with MIPI and some personnel changes in the department.
Online Reference for Digital Music Services
APRA|AMCOS have filed a new scheme for digital music services (commonly called digital download services) in the Copyright Tribunal to provide a combined APRA|AMCOS tariff of 12% of retail price or relevant gross revenue (ex-GST), as the case may be. As we have previously stated, we believe that the old interim rate of 8% undervalues the use of the musical work, particularly when compared with other inputs such as sound recordings.
Since the last Antenna update:
- we have had two return dates in the Tribunal, essentially dealing with procedural matters including the setting of timetables for the giving of evidence;
- two of the opposing parties (Destra Entertainment and Hutchison) have withdrawn from the case (leaving, Apple, Telstra, Sony BMG, Universal and the ACCC); and
- we have been busy organising affidavits from our witnesses.
User Generated Content Websites
UGC and social networking sites have received and continue to receive a lot of attention in the press. They are the flavour of the month – just as podcasts were a couple of years ago. Many of these UGC sites use music extensively (either directly or indirectly) and the value of music to their services is substantial.
We are in licensing discussions with a number of local start-up sites, and with the major players in the area. We hope to bring you more news in future editions of Antenna.
MIPI
AMCOS partly funds MIPI (Music Industry Piracy Investigations) in relation to its anti-piracy work. The Recordings & Online Department is in daily contact with MIPI regarding piracy matters and we have provided them with evidence in relation to a number of matters they are currently undertaking. Other areas where MIPI is directly assisting AMCOS include:
- internet take-down notices;
- eBay and other auction site take-down notices; and
- criminal operations involving the Australian Federal Police.
Under the direction of MIPI’s General Manager, Sabiene Heindl, MIPI has broadened its operations from purely ‘anti-piracy’ work to include a number of educational strategies including working with educational and other bodies and industry groups (e.g. Rock The Schools, Arts Victoria and the Australian Federal Police). MIPI is also co-ordinating our continuing our lobbying activities in relation to ISP liability. Have a look at the MIPI website (www.mipi.com.au) if you want to know more about their activities.
Recently Approved Mini-Blanket Licences
The AMCOS Board has approved the grant of a mini-blanket licence to the following shows:
- Good News Week (“live” music only); and
- Australia’s Got Talent Series 2.
Staff Changes
In the last update, we provided some information about our B2B licensing area. Mostyn Rischmueller from that area is leaving us in mid-March to live and work in Dubai and we are taking the opportunity to bring about a small restructure to provide some well-deserved career opportunities for our staff. We’ve also brought on board Mark Garrity to provide general clerical support to the department.
Remember, if there were any areas you would like us to canvas in future updates, please let us know.
Until next time …
