• Licensing Assistant Wixen Music Calabasas • Royalty Audit Manager (NY) • Senior Royalty Analyst (NY) • Royalty Analyst
View All Jobs
US Copyright Office U.S. Copyright Office, NewsNet Issue 628
Digital Music News Average Annual Earnings by a Spotify Executive: $1.34 Million
• Billboard Latin Music Awards 2016 • Latin Artists Who Are Helping Kids Get A Better Education • Latin Artists Cover Morrissey for 'Mexrrissey' Album • Maestro Cares Foundation’s 2016 Changing Lives, Building Dreams Gala • A Look Back at Natalie Cole's Final Album, 'Natalie Cole En Español'
View All Entries
• Led Zeppelin Copyright Trial Scheduled For May 10 • McCartney Takes Battle For Beatles Songs To Copyright Office • Copyright Alliance Statement on USCO IT Modernization Plan • US Copyright Office Announces Review Of Safe Harbours • The $5 million 'Blurred Lines' legal fight over the song's 'vibe' could permanently change the music industry
View All Entries
View All Copyright Corner Entries
This overview is not intended to be comprehensive or a substitute for fee-based information and/or legal advice.
Pan European Online Licensing refers to the mechanism by which one or more societies or entities, selected by a publisher and/or a songwriter, are allowed to grant European-wide licenses (rather than through separate licenses per country), and collect royalties for compositions that are digitally distributed (online or via mobile phones).
To begin, we will contrast the system in place for US writers and publishers with the system that exists in Europe. In the US, performance income is collected by the PROs (ASCAP, BMI, SESAC) and distributed to rights holders, while mechanical income (from the sale of music) is licensed and collected from music distributors either by agreement with the Harry Fox Agency (or other selected agents) or licensed and collected directly by music publishers themselves. In Europe, each country (or collection of countries) maintains a society whose purpose is to collect both mechanical and performance income and to then distribute same to songwriters, composers and music publishers.
This scheme worked adequately for music distributed country by country, but did not work well for music digitally distributed across Europe on one platform (e.g. iTunes®). Companies engaged in distributing music digitally across Europe [e.g. iTunes® (online - downloads), Nokia (Phone - downloads), and Rhapsody (streaming)] were finding it difficult to obtain licenses country by country. Broadcaster RTL and Music Choice formally complained to the European Commission. This problem was partially addressed by recommending that rights owners be permitted to select one or more societies or entities to issue one license for European-wide use.
Unfortunately, this system only works well for the reproduction right in Anglo-American repertoire (because mechanical rights are controlled per contract by publishers rather than societies). It has not yet worked well for performance rights or for compositions by songwriters outside Anglo-American countries.
The four major publishers; Sony/ATV, EMI, Universal and Warner/Chappell (see list below), have already picked their designated societies, leaving independent music publishers with a choice to designate a collection society, find themselves with complicated royalty tracking, or risk not collecting these royalties at all.
Following is a simple example to help your understanding; Let's say you, an Indie publisher, publish the song, "Believe." The song is written by your writer and a writer signed to Sony/ATV Music. You administer for your 50% publisher's share while Sony/ATV controls and administers for its 50% share. Now, Nokia requests a license for "Believe" to sell as a digital download offered on their mobile phones in Europe. Sony/ATV would license its share through GEMA (the German mechanical rights organization), their designated Pan European Online Licensor, but what about your share? You would need to designate a society to handle your similar license or find that it will be extremely complicated to find your share of royalties.
Although this scheme only applies to digital distribution, some experts believe the system will significantly impact your other agreements with foreign collection societies in other territories and with your sub-publishers. This is a very simple example - so beware that there are many other details we did not discuss that would require further investigation on your part.
SOCIETIES OFFERING PAN EUROPEAN LICENSING SOLUTIONS
If you are a service or information provider and would like to be included on this page please contact firstname.lastname@example.org
Latin Alternative Music Conference
Music Industry Toolbox
Sync Summit Hollywood
Music Licensing Regime Is Out Of Tune View More
How much should writers and publishers get paid? with Rich Stumpf of Atlas Music Publishing View More
See all Articles
YouTube Basic for Rights Holders - FREE Webinar
by A. Davis
View Full Post
SISTA JEANS BLUES MACHINE WINS HMMA AWARD FOR BEST BLUES BAND
by J. McClain(MaShay)
View Full Post
See all Posts
The CA report on "The Making Available Right in the US"
The Copyright Office has just released is report on "The Making Available Right in the United States.” A …
AIMP Signs On To A2IM Webcasting IV Brief Currently in Washington, DC there are rate deliberations going on in the Section 114 webcasting rate proceeding. The record …