FREQUENTLY ASKED QUESTIONS

How can I find out when I am next going to get paid? expand

APRA distributes royalty earnings bi-annually in May and November. Some foreign royalties are paid at different time of the year, view the foreign distribution schedule here.

For more specific Information, please contact the Member Services Team.

How do I protect my interests when working with co-writers? expand

A: It is best to have a clear written agreement that states the nature of your collaboration. See Working with Co-Writers (pdf)

Can I register my band name? expand

A: You can register the name as a business name through the New Zealand Companies Office, not with APRA. You may also wish to consider registering the name as a trademark, although this is a costly and more lengthy process.

How does APRA monitor TV and radio airplay? expand

All TV and radio stations are required to be licensed with APRA, with their annual licence fee being 2.6% of their advertising revenue (or other income).  The licence requires that the stations pay an annual licence fee to APRA and provide information to us regarding the music that is broadcast.  The value of the licence fee will determine how we can monitor the stations, and how the stations report the music broadcast to APRA. 

Royalties are only payable, when the details are reported to us by the broadcaster and are paid on a six monthly basis.   APRA’s royalty distributions are in May and November, with royalties from broadcasts during January to June being paid the November distribution, and royalties from broadcasts during July to December being paid in the May distribution.

If you would like us to check specific details of your broadcasts, please confirm the titles of the works broadcaster, the name of the broadcaster and the dates of broadcast.

A band is performing my songs. Can they do this without my permission? expand

Yes, in most cases they can. The venue in which the band plays must hold an APRA licence; it is not the responsibility of the individual bands. The APRA licence gives the venue a blanket licence to authorise the performance of all copyright music.

One of my songs is available for sale online as a digital download. Am I entitled to a royalty? expand

It depends.  Unfortunately, there are many illegal download services (including P2P services) – for example, Limewire, eDonkey and mp3fiesta – which are unlicensed.  You should not expect to receive royalties from the use of your music on these sites or services. 

If the digital music service is licensed by APRA|AMCOS then there are two types of royalties that you may be entitled to. Firstly, there's the communication royalty collected by APRA for the making available online and/or electronic transmission of the work to the customer's computer. Secondly, a reproduction royalty is also generated and collected by AMCOS covering the reproduction of the song to the customer's hard drive or mobile phone.

For APRA|AMCOS to collect and distribute these royalties on your behalf, you will need to be a member of both APRA and AMCOS. You can help APRA|AMCOS by ensuring that you register your new works before they are sold on the internet and by always listing the name of your recording act when registering.

My song has been put out on a CD compilation album. How do I collect what is due to me? expand

Generally speaking, whoever authorises the making of the CD is liable to each songwriter on the recording for the payment of mechanical royalties – i.e. royalties generated from the manufacture of the CD. Normally, this will be the band that has recorded the CD, or their record label (sometimes it may be their distributor). 

If you are not an AMCOS (Australasian Mechanical Copyright Owners Society) member, or your works are not represented by an AMCOS member (e.g. a music publisher), then you can collect these directly from the record company or the artist as the case may be. Or, you can choose to become a member of AMCOS and APRA|AMCOS will then seek to collect the royalties on your behalf (subject to any prior arrangements you may have made). 

More information on AMCOS membership.

I have made a CD that I sell at venues. Am I supposed to go through AMCOS for the mechanical royalties? expand

 If all the tracks on the CD are your originals and you are not an AMCOS member, or your works are not represented by an AMCOS member, the answer is no. If however:

  • the CD includes covers of someone else's songs; and/or
  • you are represented by an AMCOS member (e.g. a music publisher),

you must obtain a licence from AMCOS to manufacture the relevant number of copies of the CD. Find out more in Making Recordings.
 

I want to make a CD that will include covers of other people's songs - do I need a licence to do this? expand

Yes. You will need to obtain an AMCOS licence if you want to make a recording of a song composed by another writer. Find out more in Making Recordings.

I have a dispute with a co-writer over a work - the co-writer is also an APRA member. Can APRA help me resolve this dispute? expand

A: Disputes over royalty entitlements are expensive, time consuming and often left unresolved. APRA is concerned about such disputes between its members and has established an Alternative Dispute Resolution (ADR) system to assist both Writer and Publisher members.

I have a complaint about APRA - how can I resolve this? expand

A: APRA has a Complaints Handling Policy and Procedure that will ensure that any complaints received by APRA|AMCOS are handled in an efficient, transparent and fair manner. Click here to read our Complaints Procedure.

I am a member of APRA . Can I opt-out of certain licences or can I licence-back a work so that I can negotiate the terms for its performance directly myself for a special occasion? expand

Yes you can. For further information, go to APRA's Opt-out and Licence Back provisions.

I am a member of AMCOS. Can I arrange to collect my reproduction royalties directly from record labels or other companies/individuals who reproduce my musical works? expand

Yes. As a member of AMCOS you have various opt out and licence-back arrangements available to you, which may be able to meet your needs. Please contact your APRA|AMCOS writer services representative to discuss in more detail.

When registering songs on an index card, what is the difference between 'Composer' and 'Author'? expand

Composer writes the music. Author writes the lyrics.

Do APRA payments include tax? expand

APRA’s payments do not include tax.  However, with-holding tax will be deducted from earnings generated outside New Zealand.  Any with-holding tax deductions will be indicted on your remittance advice provided with your royalty statements.  Please note, we understand in regard to tax returns, that our members should report their royalties as income received and the with-holding tax deductions, as tax paid.  If you need any further advice, we would suggest you contact an accountant or the IRD.

Is there GST included in the distribution payments? expand

APRA members are able to supply APRA NZ Limited with a tax invoice for the goods and services tax (GST) on the royalties earned within New Zealand, which we will then process for payment.  Please note for writer members you need to be individually registered for GST, and for publisher members, your company will need to be registered for GST, in order for us to administer an invoice.

Also, we now have approval from the Inland Revenue Department to issue Buyer Created Tax Invoices (BCTI's) for the royalties and the GST.  This will automate the process of receiving payment for GST on royalties for you.   If you would like a BCTI agreement sent to you or if you have any further questions about claiming GST, please contact us.

How do I update the writer details for registered works? expand

To change the writer details for any works that are registered with us, we need written confirmation from all the writers on the existing registration.  Generally writers will create a letter outlining the details to amend, and include the signatures of all the writers, rather than providing separate letters from each writer.   The letter should also clarify if the update requires previous royalties to be adjusted, or whether the changes affect future royalties only.   If everyone is in agreement, then we can update the works, and if there are any royalties to adjust we will process the adjustments as well.

Do I receive royalties for having music on websites? expand

Whether royalties are payable from websites will depend how your music is being used, and also whether royalties are payable by APRA, AMCOS or both organisations. Whether your music is being performed on a website, or available as a download from a website, will affect the type of royalties payable. The website will also be required to have the appropriate licence(s) in place with APRA|AMCOS. You will need to be a member of both APRA and AMCOS to receive these royalties. If you have any further queries regarding the use of your music on websites, please contact Petrina George: pgeorge@apra.com.au

Do I receive royalties for having music being used as Ringtones? expand

If your music is being used as ringtones, you can receive royalties from both APRA and AMCOS, which is for the performance and reproduction of your music, respectively. You will need to be a member of both APRA and AMCOS to receive these royalties. For any royalties to be payable, the ringtone provider will need to have an APRA|AMCOS licence in place. If you have any further queries regarding ringtones, please contact Petrina George: pgeorge@apra.com.au

Why should I join AMCOS? expand

AMCOS, traditionally on behalf of music publishers, administers the “mechanical” reproduction right in New Zealand and Australia. The mechanical right essentially refers to the reproduction of music onto CD for sale to the public but also increasingly includes other kinds of reproductions as well, such as reproduction into television programs, digital uploads to and downloads from the internet, incorporation and download of music in mobile telephone ringtones and so on.

AMCOS has to date only admitted music publishers as members. This was because most mechanical rights were owned or controlled by music publishers. As a result, those writers that were not represented by music publishers (i.e. unpublished writers) either administered these rights themselves or in some cases appointed APRA as their agent to do so. With the significant changes that have taken place in the business recently AMCOS has now changed its constitution to permit individual writers to join AMCOS directly as full members.

If your works are being reproduced, and you are not represented by a music publisher, you should consider becoming a member of AMCOS. By becoming an AMCOS member, you will allow AMCOS to administer your mechanical rights in New Zealand and throughout the world, which includes the distribution of mechanical royalties to you.

You can join AMCOS anytime & it's easy click here for more information.

I have works for sale on a CD, but I haven't received any royalties? expand

The royalties generated from the sale of recordings is not payable by APRA and is the responsibility of the record companies.  Ideally you should receive these royalties direct from the record companies, with the details of the payments confirmed in an agreement with them.  However, you could also seek the assistance of a music publisher or become an AMCOS member to administer this income for you as well.  If you would like information about AMCOS membership posted to you, please let me know.

Where can I find a new band member/gear etc? expand

Our friends at NZ Musician Magazine run classifieds for just such things, pick up the latest copy or visit www.nzmusician.co.nz

About Copyright - What does copyright protect? expand

Copyright protects literary, dramatic, musical and artistic works. It also protects sound recordings, films and broadcasts. A song may have more than one copyright. The lyrics will be protected as a literary work and the music as a musical work. A recording of the song will also be separately protected as a sound recording.

About Copyright - Do I have to register for copyright? expand

No, you do not need to register your work, pay any fees or fill in any forms for it to be protected. Copyright protection is automatic in New Zealand. As soon as you write down your lyrics or music (chord progression), or tape it onto a CD or tape, it will be protected by copyright. The only requirement is that the work is original (ie it is not copied) and the result of some skill or effort on your part.

About Copyright - What rights do music copyright owners have? expand

Copyright owners in music and lyrics have a number of exclusive rights. Anyone who wants to use a protected work in any of the ways outlined below will usually need the copyright owner's permission. He or she may also have to pay a royalty.

Copyright owners have the right to:

  • Reproduce the work: This includes recording the music or lyrics onto a CD, a film soundtrack, or onto a computer disk. It also includes reproducing the music or lyrics as sheet music.
  • Publish the work: This means making your work available to the public for the first time.
  • Perform the work in public: This includes playing the work live at a venue, playing a recording of the work in a venue, business or work place, and showing a film containing the work. 
  • Make an adaptation of the work: This includes arranging or transcribing music, or translating lyrics. 
    In the music industry, these rights are usually grouped in the following way:

The mechanical right: This is the right to record a work on record, cassette or CD. This is usually administered by either the Australasian Mechanical Copyright Owners Society (AMCOS) or by music publishers.

The synchronisation right: This is the right to use music on the soundtrack of a film or video and is usually administered in the same way as the mechanical right.

The performing right: This is the right to perform a work in public or to communicate a work to the public. It is administered by APRA.

About Copyright - How long does copyright last? expand

In New Zealand, generally copyright in music and lyrics lasts for the life of the copyright owner (composer or songwriter), plus 50 years after the end of the calendar year in which the composer or songwriter dies.

About Copyright - Do I need a copyright notice on my work? expand

You do not need a copyright notice on your work for it to be protected, however it is advisable to warn people that you own the rights in the work. The notice is the copyright symbol ©, your name (and the names of other co-creators), and the year in which the work was created. For example: © John Brown, Jenny Black, Jackie Green 2007. You should mark all copies (print and recorded) with this notice.

About Copyright - How can I prove that I am the copyright owner? expand

It is rare that disputes arise about who owns the copyright in a work, but if this occurs, you need to be able to prove that you created the work. The best evidence of this would be early drafts or recordings of the work as well as diaries detailing its development.

About Copyright -Who owns copyright? expand

Generally the composer or author of music or lyrics is the first owner of copyright in the work. However, if you create music or lyrics as part of your employment, your employer is usually the first owner of copyright. Commissioned works : If you are commissioned to write music or lyrics, the person who commissioned you does not automatically owns the rights in the work, unless there is an agreement to this effect. They will, however, have a right to use the work for the purpose for which it was commissioned. In these circumstances it is advisable to clarify the rights of both parties in a written agreement. Works created in collaboration : If you collaborate with others in writing music or lyrics, it is also advisable to have a written agreement clarifying who owns the rights in the resulting work. Failure to do this may result in lengthy and difficult disputes further down the track. Sound recordings: The person who pays for the sound recording to be made will usually be the first owner of copyright in the recording.

About Copyright - What rights does APRA control? expand

When you become a member of APRA, you assign your performing rights in all existing and future works to us. This is the right to perform the work in public and the right to communicate the work in public. We then administer these rights on your behalf. This means we enter licence agreements for the performance and communication of music and lyrics, we monitor the use of music under these agreements and distribute the royalties we collect to the copyright owners whose material is identified as having been used. For more information about becoming a member and registering your work with us visit the Members section on our website.

About Copyright - What happens when copyright expires? expand

When copyright in a work expires, it is in the public domain and anyone can use it without having to obtain permission or pay a fee.

About Copyright - How can I find out if a song is still in copyright or not? expand

There are a number of websites that can advise whether a song's copyright has expired, and has entered public domain. Duration of copyright in New Zealand is for the lifetime of and 50 years after the copyright owner has died. If you need confirmation please contact us.

About Copyright - What about copyright in other countries? expand

Most countries have copyright laws similar to New Zealand. If your work is protected here, it will also be protected in most other territories. This is because most countries (including New Zealand ) have signed international treaties and conventions requiring signatories to provide minimum standards of protection for copyright material from all countries party to the treaty. New Zealand copyright works are protected in over 133 countries, including Australia, Canada, China, France, Germany, Hong Kong, Indonesia, Japan, Kenya, Malaysia, South Africa, the United Kingdom and the United States . Similarly, works from these and other territories will also be protected in New Zealand . It is important to note, however, that the term of protection may differ in other territories, and you may wish to seek specific advice on this matter.

About Copyright - What about copyright on the Internet? expand

Many people assume that material on the Internet is copyright free, however it is protected in just the same way as material available through other more traditional channels. A song stored, for example, in an mp3 on a web site is protected in the same way as a recording on a CD. If you want to copy that CD, play it in public or communicate it to the public (by broadcast or via the Internet for example), you need permission from the copyright owner. Similarly, you will also need permission if you want to download the mp3 file onto your own computer, make a copy for a friend or put it on another site. The Copyright Act states that a person who authorises a copyright infringement may also be liable for that infringement. A web site or bulletin board operator may therefore be liable for any infringements that occur as a result of users of their site uploading or downloading their material. The New Zealand courts have held that a person who sanctions, countenances or approves of an infringing activity may be liable for authorising that activity.

About Copyright - What about the rights in sound recordings? expand

There is a separate copyright in the sound recording of a musical work (with or without lyrics). The person or company that owns the rights in the recording owns the right to copy it, record it, perform it, communicate it to the public or rent it out.

About Copyright - What are moral rights? expand

Moral rights belong to the creator of a work regardless of whether he or she owns copyright in the work. Briefly the rights are the right to be attributed or credited correctly on the work and the right to object to the derogatory treatment of the work.

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