royalities?

[varunkapahi]

we recently got this email from a event management firm we had sent our demo to (they were looking for bands for a national rock festival) and it goes like this

Hey guys

For all the bands that are playing at the pub rock fest 2009, a letter must be signed and filed. This letter is for the IPRS (Indian Performing Rights Society) & PPL (Phonographic Performing License)

What these tWo organizations do is collect royalty on behalf of your bands, whenever a band performs in any part of the country. We at RSJ believe that since all bands participating in Pubrockfest are not signed with major record labels and are essentially a part of the Indie culture IPRS or any such organization should not have the right to collect any royalty for music that is wholly owned and created by bands here in India.

Which is why we have asked for a letter stating that you play your own brand of original music. It also states that the band does not allow IPRS or any such body to collect any royalty on its behalf.

basically they are saying IPRS and PPL would ask them for royalties when bands play at their fesval. hence we should send them a letter stating that the band is not associated with two organizations and they should not be collecting any royalties. what!?

now my band also plays some covers so we called them up and they told us to send them this letter to be eligible for selection for the festival and also said its cool if we actually play some covers. i didnt understand much about the covers bit anyway too but its sort of not as important as the other bit.

anyway i still dont get how/what is happening?


anyone else got any clue about this whole thing?

http://www.iprs.org/aboutus.asp
http://www.pplindia.org/index1.asp

[Pilgrim]

The way I read it, what they are asking you to do is to sign a document stating that all the music is your original stuff, hence no royalties are due to anyone for anything you play. That gets them off the hook for any outfit that might make a royalty claim based on some band(s) at the event performing music for which the copyright is owned by an artist they represent.

If my analysis is correct, then if you play covers you are not telling the truth if you sign the form.

I've never heard of either of these organizations. Info about the IPRS is found at: http://www.iprs.org/aboutus.asp / Their website says they are in India and exist to collect royalties: "Well, in short, the business of IPRS is to issue Licences to users of music and collect Royalties from them, for and on behalf of its Members i.e. the Authors, the Composers and the Publishers of Music and distribute this Royalty amongst them after deducting its administrative costs."

This smells. My read is that they created a way to generate money and skim a cut off the top.

I don't know if either organization has any legal standing in the US. BMI and ASCAP are the only organizations I know of that have legal standing here - but I'm not a lawyer, so I may not be interpreting this correctly.

PPL is based in London: http://www.ppluk.com/ . I don't know whether they have legal standing in the US either.

Edit: I just realized you re in India. Find out the status of these groups in YOUR country.

I am very interested in seeing what others have to say. It seems to me that you don't have anything to lose by signing a disclaimer, but do NOT sign a release that gives the event permission to record your performance and re-sell it.

[UncleFluffy]

If it's "collect royalty on behalf of your bands" then I'd be a little concerned. Someone collecting "on your behalf" is collecting money for you, not for the bands you're covering.

Talk to a real lawyer.

[varunkapahi]

Originally Posted by Pilgrim

If my analysis is correct, then if you play covers you are not telling the truth if you sign the form.

i understand that, but i don't get how can any organization be collecting royalties if another band plays a cover
there is this another thread about playing records in a bar and paying fee and stuff, thats alright since those are copyrighted records. but this is live different stuff

[varunkapahi]

bump

[jmattbassplaya]

That smells funny.

Get a lawyer to run over the documents. They will be the only person on your side and will be able to protect both you and your music.

[Howlin' Hanson]

I have no idea what the royalty laws are in India, but if the promoter is charging admission to the event, then they are making money, some of which is returned to the bands. If all the bands do original material, no further distribution of money would be required. If covers are played, then the songwriter/publisher MAY be entitled to payment as well.

You'd better ask a barrister familiar with entertainment law over there.