In order to manufacture ANY product containing music content, CDRUK will require either a Licence or a Notification of No Claim from the Mechanical Copyright Protection Society (MCPS) prior to production.
Please allow enough time for this to be completed and processed as work cannot commence until this is in place.
To apply for a licence or to register ownership of original work please contact the MCPS, details of their services and contact details are set out below. |
|
Who are the MCPS?
The Mechanical Copyright Protection Society (MCPS) represents Songwriters and Music Publishers within the UK , collecting and distributing 'mechanical' royalties generated from the recording of music onto many different formats.
The MCPS work in an operational alliance with The Performing Right Society (PRS) who license musical works for public performance and broadcast, called The MCPS-PRS Alliance.
If you are producing a product that contains music you will need a licence from the MCPS. Their Licences are for the actual songs (music and lyrics) contained on a disc. If you are using other peoples sound recordings then you will also need to contact the sound recording rights owners as well which is usually the Record Company.
CDRUK will send product details, including quantities of units produced, back to MCPS about all work manufactured.
Who is responsible for obtaining a licence?
It is the responsibility of the person authorising the manufacture to obtain a licence for the music used within a product.
All clients should confirm and provide evidence to CDRUK that they have cleared all the rights on their product - master rights (for other peoples' sound recordings) and music publishing rights (the music publishing rights, music and lyrics, are the MCPS rights).
If you are an artist or band who has recorded a cover version of a song then you will own the copyright of that recording, however the copyright of the music and lyrics is still owned by the original composer or music publisher.
If it is a product for retail sale then providing you have listed CDRUK as the manufacturer when applying for your licence, MCPS will automatically provide CDRUK with a copy of your licence when it is processed. For other types of licensing you will need to provide CDRUK with a copy of your licence prior to manufacture.
I want to produce a disc containing music which is all my own work - do I need a licence?
If you intend producing a disc containing music, all of which is all your own work (and you are not a member of MCPS or signed to a Publisher) then you will need to apply to MCPS for a Notification of No Claim. This is official notification to CDRUK from MCPS that they do not have any claim in relation to any of the works included in your product.
If your disc contains both music which is all your own work and other peoples work then you will need to apply for an AP2 licence as described opposite. |
I am a songwriter - should I become a member of either the MCPS or PRS?
If you are a songwriter and doing live gigs or receiving radio airplay it may be worth joining the PRS to collect performance royalties. If you are only releasing material on your own record label it would not be beneficial to join MCPS at this stage as it would mean MCPS would collect a licence fee from your label only to pay it back to you as a songwriter member less some commission. However, if your music is being released on other labels or being licensed to compilations then it may be worth considering joining MCPS as well. Alternatively you can sign to a Music Publisher who in addition to registering your works and taking care of the administration side of things will actively seek to exploit your songs and generate revenue from sources such as film and TV.
I want to produce a disc containing music which is the work of other people - which licence do I need?
If you are making a product for retail sale then the licence you would require is the standard AP2 licence and the royalty rate would be 6.5% of the selling price of the CD (or 8.5% of dealer price if you are using a distributor) multiplied by the quantity manufactured. An MCPS licence is a blanket agreement which means they do not have to seek permission from the copyright owners for you to include their songs on your production.
Music contained within a DVD rather than a CD will be subject to a different royalty rates, contact MCPS for advice and further details.
If you are making a product that is associated with a brand, or a corporate production then MCPS will have to contact its members to seek permission for their songs to be included in your production which can take several weeks to obtain and there is a possibility that the use will be denied. Therefore we suggest you contact MCPS as soon as possible so they can send out the clearance requests at the earliest opportunity. Royalty rates vary on these schemes depending on the type of music use so for further advice please contact the licensing team on 020 8378 7500.
http://www.mcps.co.uk
http://www.prs.co.uk
http://www.mcps-prs-alliance.co.uk |
