MCPS

Mechanical Copyright and MCPS

The mechanical copyright protection society (MCPS) exists to ensure that when a music cd is pressed, the writers of the works featured on the cd are paid a royalty from the pressing of the CD. As a result most music publishers in the UK (and also professional composers not signed to a publisher) register all their works with MCPS. MCPS is now marketed under the new name of PRS for Music, which is a front for both the Performing Rights Society (PRS) and MCPS. Legally though the two bodies still exist as separate entities.

If you want to sell a CD that features music written by established music composers, you need to get a license from MCPS. By licensing your CD release (details below), MCPS will then calculate what the royalties should be. This depends upon the sale price of the disk, the quantity of disks being manufactured and the percentage of music on the CD that is written by writers who have registered their works with MCPS. They will then issue you with an invoice which, once paid, allows the purchaser of the license to proceed with the manufacture of their product

In practice, established duplication houses like our own are happy to proceed with manufacture so long as we know that licenses have been applied for. This is because it can sometimes take some time for the invoice and license to be issued and this can sometimes become impractical given the deadlines of release dates, special events. To this end MCPS have a list of approved CD duplicating houses who are licensed to proceed with duplication without the sight of a license. In return these Duplication Houses make a monthly return to MCPS of all projects, recod company details, quantities duplicated / replicated etc etc

If the CD features original works by writers who have not registered their works with MCPS, the license should still, in theory, be registered with MCPS, but there will be no costs and they will issue a 'license' called a 'Notification of No Claim'. In practice nowadays it appears that many music makers and cd producers are not bothering to register works in this situation and many established cd duplicators are not worrying about this so long as it is obvious that the works are original, not cover versions of famous songs, and not songs that are likely to have been previously registered with MCPS. If in doubt on this you should always register your cd, just in case.

Classical recordings often feature works by composers who are no longer alive. It is the law that royalties from CD pressings that are due to dead composers be paid to their heirs up until 70 years after their deaths. For composers who died prior to 1939 (as of 2009), these works enter the 'Public Domain' and as a result no royalties are due. The 'Public Domain' also includes many traditional and folk tunes where the composers identity has never been established. If in doubt, register the works anyway and MCPS will tell you whether royalties are due.

MCPS does not license the right for you to press CDs featuring original sound recordings owned by other record companies. Rights in these recordings are controlled by individual record comapnies and you should approach them direct for licensing information.

The AP2 Licensing Scheme

The established traditional licensing scheme from MCPS is called the AP2 License which is the standard method used for registering music cds produced by independent music artists and record companies. The forms take about 10 minutes to fill in on line and you need to provide information about the works on the disk, writers, publishers if known, and duration of each work. Based on your application MCPS will issue an invoice. Once paid, a copy of the license is sent to you and to the duplication house you are using to duplicate your disks.

The cost is about 6% of the retail price at which you will selling the disk (less vat if applicable). So, if you are a beatles tribute band duplicating your album of Lennon/McCartney songs, recorded by yourselves, you will pay about 60p a disk on a cd destined to sell at £10.00

To apply online go to http://apps.mcps-prs-alliance.co.uk/AFL/.

The Limited Availability Licensing Scheme

In recent years MCPS have come up with a convenient license designed for those producing maybe just a few disks, up to 500, perhaps a choir raising money for a charity, a school brass band, a pop group just starting out. This is called the Limited Availability Scheme. This is a one off payment on a sliding scale, very economical, and does not require the extensive form filling of the AP2 license. However there are some specific exceptions to those who can use this scheme and details can be gained direct from MCPS Licensing Services on 020 7306 4500. Also available online.

The principle exceptions are:

Any productions that are sponsored or branded by a third party
Any defamatory use of a member's work.
Any product which contains material of a sexual, violent, drug-related, political or other contentious nature.

To apply online go to http://www.prsformusic.com/musicforproducts/LM/Pages/LM.aspx

Contact MCPS direct at:

MCPS-PRS Alliance
Copyright House
29-33 Berners Street
London
W1T 3AB

Telephone enquiries, all copyright issues - 020 7580 5544

www.mcps.co.uk

A couple of other interesting points:

The Performing Rights Society

MCPS have now joined forces with PRS (Performing Rights Society) which licenses the performing rights of writers works to venues and broadcasters. This performing right is different to the mechanical right. The mechanical right is the right to mechanically copy recordings of a composers works onto a carrier such as CD, tape or vinyl. It is the mechanical right that music cd producers are concerned with.

Grand Rights

If you wish to produce a cd of music from a musical, this requires that you contact the publishers of the works direct. Publishers of music from musicals can exercise their 'Grand Rights' to refuse you permission to make such a recording and copy to CD. These grand rights are exercised over and above the rights licensed by MCPS and to be honest can sometimes render the exercise rather frustrating. Contact MCPS direct or the publisher of the works for more details.

Disclaimer

Copysound Ltd makes every effort to ensure the accuracy of the information given above but can accept no responsibility for any loss, however incurred, due to actions taken by any person, company or organisation as a result of reading the information given above. The information is given as guidance only and in the event of taking any decision that may lead to legal or commercial consequences, the reader should first consult with the proper authorities and / or their qualified legal adviser to ensure that they are working within the law





	home > copyright > mcps
		Mechanical Copyright and MCPS The mechanical copyright protection society (MCPS) exists to ensure that when a music cd is pressed, the writers of the works featured on the cd are paid a royalty from the pressing of the CD. As a result most music publishers in the UK (and also professional composers not signed to a publisher) register all their works with MCPS. MCPS is now marketed under the new name of PRS for Music, which is a front for both the Performing Rights Society (PRS) and MCPS. Legally though the two bodies still exist as separate entities. If you want to sell a CD that features music written by established music composers, you need to get a license from MCPS. By licensing your CD release (details below), MCPS will then calculate what the royalties should be. This depends upon the sale price of the disk, the quantity of disks being manufactured and the percentage of music on the CD that is written by writers who have registered their works with MCPS. They will then issue you with an invoice which, once paid, allows the purchaser of the license to proceed with the manufacture of their product In practice, established duplication houses like our own are happy to proceed with manufacture so long as we know that licenses have been applied for. This is because it can sometimes take some time for the invoice and license to be issued and this can sometimes become impractical given the deadlines of release dates, special events. To this end MCPS have a list of approved CD duplicating houses who are licensed to proceed with duplication without the sight of a license. In return these Duplication Houses make a monthly return to MCPS of all projects, recod company details, quantities duplicated / replicated etc etc If the CD features original works by writers who have not registered their works with MCPS, the license should still, in theory, be registered with MCPS, but there will be no costs and they will issue a 'license' called a 'Notification of No Claim'. In practice nowadays it appears that many music makers and cd producers are not bothering to register works in this situation and many established cd duplicators are not worrying about this so long as it is obvious that the works are original, not cover versions of famous songs, and not songs that are likely to have been previously registered with MCPS. If in doubt on this you should always register your cd, just in case. Classical recordings often feature works by composers who are no longer alive. It is the law that royalties from CD pressings that are due to dead composers be paid to their heirs up until 70 years after their deaths. For composers who died prior to 1939 (as of 2009), these works enter the 'Public Domain' and as a result no royalties are due. The 'Public Domain' also includes many traditional and folk tunes where the composers identity has never been established. If in doubt, register the works anyway and MCPS will tell you whether royalties are due. MCPS does not license the right for you to press CDs featuring original sound recordings owned by other record companies. Rights in these recordings are controlled by individual record comapnies and you should approach them direct for licensing information. The AP2 Licensing Scheme The established traditional licensing scheme from MCPS is called the AP2 License which is the standard method used for registering music cds produced by independent music artists and record companies. The forms take about 10 minutes to fill in on line and you need to provide information about the works on the disk, writers, publishers if known, and duration of each work. Based on your application MCPS will issue an invoice. Once paid, a copy of the license is sent to you and to the duplication house you are using to duplicate your disks. The cost is about 6% of the retail price at which you will selling the disk (less vat if applicable). So, if you are a beatles tribute band duplicating your album of Lennon/McCartney songs, recorded by yourselves, you will pay about 60p a disk on a cd destined to sell at £10.00 To apply online go to http://apps.mcps-prs-alliance.co.uk/AFL/. The Limited Availability Licensing Scheme In recent years MCPS have come up with a convenient license designed for those producing maybe just a few disks, up to 500, perhaps a choir raising money for a charity, a school brass band, a pop group just starting out. This is called the Limited Availability Scheme. This is a one off payment on a sliding scale, very economical, and does not require the extensive form filling of the AP2 license. However there are some specific exceptions to those who can use this scheme and details can be gained direct from MCPS Licensing Services on 020 7306 4500. Also available online. The principle exceptions are: Any productions that are sponsored or branded by a third party Any defamatory use of a member's work. Any product which contains material of a sexual, violent, drug-related, political or other contentious nature. To apply online go to http://www.prsformusic.com/musicforproducts/LM/Pages/LM.aspx Contact MCPS direct at: MCPS-PRS Alliance Copyright House 29-33 Berners Street London W1T 3AB Telephone enquiries, all copyright issues - 020 7580 5544 www.mcps.co.uk A couple of other interesting points: The Performing Rights Society MCPS have now joined forces with PRS (Performing Rights Society) which licenses the performing rights of writers works to venues and broadcasters. This performing right is different to the mechanical right. The mechanical right is the right to mechanically copy recordings of a composers works onto a carrier such as CD, tape or vinyl. It is the mechanical right that music cd producers are concerned with. Grand Rights If you wish to produce a cd of music from a musical, this requires that you contact the publishers of the works direct. Publishers of music from musicals can exercise their 'Grand Rights' to refuse you permission to make such a recording and copy to CD. These grand rights are exercised over and above the rights licensed by MCPS and to be honest can sometimes render the exercise rather frustrating. Contact MCPS direct or the publisher of the works for more details. Disclaimer Copysound Ltd makes every effort to ensure the accuracy of the information given above but can accept no responsibility for any loss, however incurred, due to actions taken by any person, company or organisation as a result of reading the information given above. The information is given as guidance only and in the event of taking any decision that may lead to legal or commercial consequences, the reader should first consult with the proper authorities and / or their qualified legal adviser to ensure that they are working within the law










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