The
Film & Video Institute
CLEARANCE SCHEMES
1. 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.
2. 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.
3. 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.
4. 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.
5. The rights to be cleared cover:
The Rights of composers and arrangers
The recording from which a sound track is made
The performer(s)
The public performance
6. It is an offence:
To make a recording of Copyright music, even if that
recording is not played back.
To record, or copy, any recording without the consent of the maker and/or
performer(s)
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
7.
THE LICENCES
Mechanical
Copyright Protection Society (MCPS)
British
Phonographic Industry (BPI)
Phonographic
Performance Limited (PPL)
IAC
LICENCES ARE AVAILABLE ONLY TO:
IAC
members and IAC Affiliated Clubs
Members
of the Royal Photographic Society
(MCPS
and BPI only)
The
Scottish Association of Movie Makers
(MCPS
and BPI only)
The
Photographic Alliance of Great Britain
(MCPS
and BPI only)
A license 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, licenses in the name of an individual cover that person's work only.
8. SCOPE OF THE LICENCES
The IAC Copyright Clearance Schemes offer licenses which cover the use
of:
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 UK.
For advice on music recorded and purchased in other countries contact
MCPS on 020 7306 4500
9. 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:
a) For exhibition to
friends and relatives in private.
b) On amateur movie,
photographic or video club premises where admission is free or where a charge is
made for club funds.
c) For public
exhibition when such is promoted for the raising of club funds or for bone-fide
charitable causes.
d) For not more than
TWO public exhibitions held annually in addition to those in a. and b. above.
e) For exhibition at
annual amateur movie, photographic or video festivals attended by competitors
and friends.
f) Exhibition
to judges in
amateur film, photographic
or video competitions.
g) For inclusion, as
clips and short videos, in YouTube and Google Video, provided there is no
financial gain and no commercial advertising is attached. Such clips may be
"embedded" in IAC and club websites so long as they are hosted by
YouTube/Google Video.
The license clears FOR ALL TIME dubbings made within the twelve months of
the license.
BRITISH PHONOGRAPHIC INDUSTRY (BPI)
In normal circumstances the record companies do not permit their
commercial products to be re-recorded or dubbed. The BPI license issued by IAC
on their behalf permits the copying of recordings made by leading manufacturers.
The BPI license permits an unlimited number of copies of recordings to be made
within the conditions of the license 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 license covers the RECORDING PROCESS of all
recordings made by leading manufacturers and its conditions are as follows:
The original recording used by the licensee must be his/her personal
property and purchased through regular retail channels
The names of all instrumental groups, bands, orchestras, choruses, solo
artists and/or performers shall NOT be identified in subtitles or credits. All
other Copyrights eg. Composer, Performer, shall be cleared before the recordings
are copied or dubbed
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
In addition to the BPI license, a license is necessary for the
REPRODUCTION IN PUBLIC of sound tracks created from commercial recordings.
The PPL license 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
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.
It is now
no longer necessary for IAC members to apply to the Musician's 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.
020 7840 5556
10.THE PERFORMING RIGHTS SOCIETY (PRS) issues
licenses 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 Street, London WIT 3AB)
11. CHURCH SERVICES, WEDDINGS etc
Any music that you video-record maybein copyright. This
means that you need specific licences for the recording and post production,
mine past there have been several ways of obtaining licences for this purpose,
but as Weddings, Christening, 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
LICENCING Ltd www.video licence.co.uk or telephone 01323 436111. This
organisation now
handles the combined licenses from MCPS and PPL for
private functons. From the website
you can download the necessary application form and tick the appropriate boxes.
You should then be able to obtain the license you require for any type of
video-recording you may be planning.
The license 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 license is
processed in time for the function, please ensure that your completed
application form is received by ECL at least seven days beforehand.
Para 11 above is deleted ….
SEE PRS for music website.
Current costs of the MCPS, BPI and PPL licenses can
be obtained from the IAC website or office and are presently less than £8 per
annum for IAC members.
All applications for licenses should be addressed to:
IAC - The Film and Video Institute,
Dorset House, Regent Park,
LEATHERHEAD KT22 7PL
01372 824350
www.theiac.org.uk
Finding
the right music and/or effects for our movies and audio visual presentations is
probably one of the most difficult aspects of our hobby. The Music Advisory
Service can help.
IAC
has special arrangements with four production music houses who supply radio,
television and the film industry with music of all types. They are: CARLIN,
BOOSEY & HAWKES, KPM and FOCUS.
Our volunteer Music Advisor, Richard Curry, FACL, is the custodian of
almost 700 CDs from these companies and on request will search them to find
suitable pieces for members.
The library caters for music of all types including ethnic music from
most countries of the world.
The Service operates as follows:
1. Contact Richard Curry by letter, e-mail or phone (details below)
giving information about the production for which the music is required. It is
helpful if you can give an idea of the pace, whether full orchestra, solo
instrument, traditional or electronic sound is required.
2. Richard will search the library and record selections onto a cassette
tape and send it to you. A nominal charge for the search, recording, cassette
and postage is made and invoiced with the cassette tape.
3. If you wish to buy the CD(s) from which the selections were taken,
Richard will order them on your behalf – they will be delivered directly to
your own address within a few days. Each CD costs £12 including VAT and
post/packing. Cheques should be made payable to Richard Curry.
CONTACT DETAILS FOR RICHARD CURRY
E-mail: musicadvice@theiac.org.uk
Address: Moorland View, 939 Burnley Road, Rossendale,
Lancashire BB4 8QL Tel. 01706 218456
Each of the above production music houses has its own website and you can
listen on line. Whilst this is extremely useful - do not order music downloads
on line as you will be charged the FULL COMMERCIAL RATE (often in units of 20
seconds) many times more than the IAC purchase price (£12) for the full CD.
A member's quote - This Service alone is worth the IAC annual membership
fee.
7th Dec 2008
MCPS
MECHANICAL-COPYRIGHT PROTECTION SOCIETY LIMITED
ELGAR HOUSE 41 STREATHAM HIGH ROAD LONDON SW16 1ER (Registered office)
Telephone: 020 8769 4400 Fax: 020 8769 8792
LICENCE No. 7615
DATE OF ISSUE 30/11/2011
LICENSEE
HAMILTON CAMERA CLUB - AV GROUP
SECRETARY: DONALD PARSONS,
27 KEATS PARK,
BOTHWELL,
GLASGOW,
G71 8TG
FEE INC. VAT £5.13
AMATEUR CINEMATOGRAPHER'S RECORDING LICENCE
(Issued by the Institute of Amateur Cinematographers Limited for and on
behalf of Mechanical-Copyright Protection Society Limited acting as Agents for
the copyright owners.)
In consideration of the payment of the Fee (including VAT) shown above,
receipt of which is hereby acknowledged,
the Licensee is hereby granted a non-exclusive License to record Musical
Works, owned by Members of Mechanical-
Copyright Protection Society Limited, which have previously been released
on gramophone records or tapes, on condition
that the recordings so made are privately used only:
(a) For exhibition in private or at an Amateur Cine or Photographic Club
premises to friends and relations where
admittance is free or on a charge made for Club funds.
(b) For public exhibition promoted for raising of funds for bona fide
charitable causes.
(c) For not more than two public exhibitions held annually other than and
in addition to the afore-mentioned (a) and (b).
(d) At annual amateur Cine or Photographic Festivals attended by
competitors and friends only.
(e) By Judges in amateur Cine or Photographic Competitions.
Supplementary Information
The recordings may be made on Tape or Sound Track in association with
moving pictures and/or with slides or film strips.
You may not
(a) use the recordings for any other purpose than that allowed above
without applying for an extension to the
license.
(b) Perform or broadcast the musical works in public without the consent
of the owner of the performing right
(usually The Performing Right Society Ltd. of 29/33 Berners Street,
London W1P 4AA).
A License issued in the name of a Club shall not be deemed to cover
recordings made by individual members of the
Club for their personal film sound tracks or slide sequences.
The License does not include the right to use a gramophone record or tape
as the source from which the music work
is reproduced. Permission to do this must be obtained from the record
manufacturer.
No details of what is recorded will be needed by the Society unless an
extension to the license is required for other
uses. A record should nevertheless be kept of the titles, composers,
publishers and durations of the musical works, together
with the make and number of any gramophone record from which the
recording is taken.
This License is valid for one year from Date of Issue.
MCPS/54-45
IAC
DORSET HOUSE, KINGSTON ROAD,
LEATHERHEAD, SURREY KT22 7PL
CERTIFICATE OF PARTICIPATION
BRITISH PHONOGRAPHIC INDUSTRY/PHONOGRAPHIC PERFORMANCE
LICENSE
IAC arrangement regarding the use of gramophone Records, tapes or CDs for
dubbing on to film, video or tape for film, video or slide accompaniment.
Authorisation no. 7967
Valid to end of November 2012
This is to confirm that HAMILTON CAMERA CLUB - AV GROUP
SECRETARY: DONALD PARSONS,
27 KEATS PARK,
BOTHWELL,
GLASGOW,
G71 8TG
IAC Membership no.: 15630
is duly recorded as participating in the arrangement as set out in
leaflet "Copyright Clearance Schemes".
For and on behalf of IAC
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