Click the logo on the left to go to the PRS for MUSIC web site for full information on the licences required for using copyright material on your CD or related products.

Copyright & Licensing  

To stay within the law it is important to ensure that all the music included in your final product (CD) is properly licensed.  I will not normally undertake any duplication until the licence certificate is obtained. 

Copyright law applies as soon as an original piece of music is written.  The writer of the music has the right to decide who can make a recording of their music and under what terms.  UK Copyright for original musical generally lasts for a period ending 70 years from the end of the calendar year in which the composer dies.

Under the Copyright, Designs and Patents Act 1988 the following require prior licence from the copyright owner:

• To copy the work e.g. to record the music
• To issue copies of the work to the public e.g. to issue a recording of the music on a physical product, such as a CD
• To rent or lend the work to the public
• To perform, show or play the work in public e.g. in this case, to allow the public to hear a broadcast of a recording
• To communicate the work to the public
• To make an adaptation of the work or do any of the above in relation to an adaptation

MCPS

If you are using copyright music on your recording it is almost certain that you'll require a licence for the use of that music.  In the UK this licensing is handled by the Mechanical Copyright Protection Society (MCPS) as part of PRS for Music to ensure that the use of the music is authorised and that the relevant copyright owners receive royalties for the use of their copyrights.  

To obtain a licence MCPS must receive a completed form and a royalty fee. In many cases, this can be done quickly on-line. The fee level is determined by the particular use and purpose of the product.  A range of different licences are available.  Details of these schemes, their full terms, conditions and exceptions are available from the MCPS web site: -

• http://www.prsformusic.com/users/musicforproducts/Music_product_audio_only/Pages/
  Musicproductaudioonly.aspx

Licensing Options

From the information available from MCPS, the most likely licences to apply to your recordings are identified briefly below for general guidance purposes only.  Licencing requirements change and Definitive information is only available from the PRS for Music web site identified above: -

Limited Manufacture Licence (LM) (Up to 1000 Units)

The Limited Manufacture (LM) Licence offers an affordable, easy to obtain and simple licensing solution for customers wishing to produce small scale audio and audio-visual physical products. It is aimed at customers such as schools, churches, amateur groups and private users who wish to use music in their own productions. Customers can sign up for a My MCPS-PRS online account, provide product details, pay and obtain their licence certificate, all in a matter of minutes.

• http://www.prsformusic.com/users/musicforproducts/LM/Pages/LM.aspx

The following types of individuals and organisations are eligible for a Limited Manufacture Licence: -

• 1. Educational Users (school productions, teaching aids/learning guides)

• 2. Educational Authority (Higher/Further Education, private tuition)

• 3. Church/Religious (choir recordings, service recordings)

• 4. Private Users (weddings, christenings, bar mitzvahs, holiday films, funerals, video or CD to DVD transfers)

• 5. Amateur Productions (amateur film making, amateur dramatics, horse dressage, synchronised swimming, musical gymnastics)

• 6. Professional Users (wedding videographers, funeral service providers, Voluntarily run charities)

• 7. Musicians (amateur/ semi professional orchestras, unsigned bands/artists, music tuition)

Example of LM table, including VAT

AP2 Agreement

This is the basic Licensing Agreement which covers the issuing of CD audio products for sale. Under the AP2 a fee is paid (a ‘royalty’) based on the quantity of products to be manufactured in advance of actual manufacture. The licence allows you to manufacture and distribute CDs 'for retail sale to the public for private use'. 'Retail Sale' includes all types of retail including sale direct to a member of the public by whatever means, e.g. at shows, concerts, gigs, over a market stall or for charity as well as through shops. 'Private Use' means that, for example, the sale should not be for the purpose of rental or for copying in any way. You can sell CDs to public libraries, provided you do not make any additional rental charge.

• An Application for Licence form (AFL) must go to MCPS for every CD and for any quantity however small.
• The AFL must be completed in full and be accurate to the best of your knowledge. Information required includes the the details of your CD: title, performer and full Track Listing (including composer, publisher and playing time). 
• MCPS will issue a licence only when they have received payment of any royalties due.
• For direct sales (i.e. no dealer involved) the royalty fee is 6.5% of Retail price (ex VAT). 
• However, royalties are only charged for musical works controlled in the UK by MCPS and are calculated pro rata on timings of each work against the total duration of the product. If track timings are not submitted, then the tracks will be treated as being of equal duration.

• http://www.prsformusic.com/users/musicforproducts/Music_product_audio_only/retail_product/
  Pages/retailproduct.aspx

Responsibilities

• You are responsible for everything to do with application and payment for MCPS copyright licensing.  You will need to supply me with an appropriate MCPS licence before I can duplicate final CDs.
• The only exception to this will be for Schools packages where I may be able to obtain the licence and build all related fees into the final CD prices.