There are always many topics of discussion around aspects of using picturesoundpublishing.com and the legalities of music use in general. On this FAQ page we will always endeavor to address the issues and answer as many of your questions as possible in the best possible way. If you still don't find the information you require please email us using the "contact" link on the right.
What is the standard of the music in this library
How much music can I use for my subscription
How much music is in the library
What is the advantage of subscribing to picuresoundpublishing.com
Do I have to pay every year
What use does my licence cover me for
If my film is broadcast on TV do I have to pay any more money
What are the advantages for my Production Company using picturesoundpublishing.com
Do I have to register the music that I have used
What is copyright
Who owns the copyright
How long does copyright last
What are the rights granted by copyright
What is copyright infringement
What happens if someone infringes copyright
Are there any exceptions to copyright
Can I make copies for my private use
Can I use samples of other people’s music
What do collecting societies do
What do music publishers do
What is the standard of the music in this library
The music in this library has been used by many Production Companies for international Broadcast, film and Corporate programmes.
How much music can I use for my subscription
All of it!!!. During each subscription period you can choose to use any amount of music in your films!!!
How much music is in the library
Currently about 2000 tracks. This number will grow steadily as more music will be added constantly to the collection.
What is the advantage of subscribing to picuresoundpublishing.com
If you are a student or Independent filmmaker then one payment per year will give you access to the whole library to use in your film projects.
Do I have to pay every year
Yes. The idea is the same as buying Car insurance or a TV licence. As long as you have a current licence then you may use any amount of music in the library.
What use does my licence cover me for
The standard subscription will cover you to use the music up to and including Film Festivals.
If my film is broadcast on TV do I have to pay any more money
Yes. You will need to contact us for a further licence. This will not cost a lot more money but if you are making a profit on your project then our commercial rates will apply. Please download a copy of our rate card.
What are the advantages for my Production Company using picturesoundpublishing.com
Our commercial synchronisation rates are well below most other production music rates. Please see our rate card for more information.
Do I have to register the music that I have used
Yes. You must complete a cue sheet as and when you use a track or tracks. We have made it easy for you by providing an online cue sheet as part of our service to you.
What is copyright
Copyright, also known as intellectual property or IP, allows people to own the fruits of their creativity in the same way that they can own physical property. It enables creators to earn money from their work. It also protects their work and allows them to control how other people use it. It is an enormous incentive for people to carry on being creative and contributing to culture, society and the economy in the UK. Copyright law aims to balance the interests of those who invest their time and effort in creating work, with those of the people who want to use and enjoy that work.
As soon as you create an original musical work i.e. it is not copied from someone else's work, and it is recorded in some form, written, audio or visual, you automatically own the copyright in that work.
With regard to music, copyright can exist in:
∑ The music ('musical works')
∑ The lyrics of the song ('literary works')
∑ The sound recording itself. Note - only the initial (prototype) recording will be protected by copyright.
∑ There might be additional copyright protection accompanying a CD for example:
- If the CD cover has a photo or design on it that might be protected by copyright as an artistic work, and
- Any written commentary about the music or song might be protected by copyright as a literary work, and
- There might even be copyright in the way in which the printed words of the commentary are arranged (i.e. in the 'typographical arrangement').
Who owns the copyright
∑ Composition: In general, the author is the first owner of the copyright (unless the work is created in the course of employment, in which case the employer generally owns the copyright).
∑ Sound recordings: Generally, the producer, the person who has made the arrangements for the recording to be made or who paid for the recording to be made.
How long does copyright last
If you are the author of a literary, dramatic, musical or artistic work, it generally lasts for the whole of your lifetime plus 70 years afterwards.
If you are the author of a sound recording or a performer, it generally lasts for 50 years from the end of the year in which the recording was released or the performance made.
After copyright expires, the work will fall in the public domain.
What are the rights granted by copyright
Copyright owners are granted a number of rights (which they can also authorise others to carry out on their behalf), including:
∑ The right to copy the work (reproduction right)
∑ The right to issue copies of the work to the public (distribution right)
∑ The right to rent or lend the work to the public (rental or lending right)
∑ The right to perform, show or play the work in public, does NOT apply to artistic works (public performance right)
∑ To communicate the work to the public (e.g. by traditional broadcast or by making it available on the internet)
∑ The right to make an adaptation of the work, or do any of the above acts in relation to an adaptation, ONLY applies to literary, dramatic, or musical works (adaptation right)
What is copyright infringement
Infringement occurs when someone misappropriates the whole work or a substantial or signifcant part of it without permission of the copyright owner, even if the infringer is unaware that he is infringing copyright.
There is no specific rule about this. Sometimes just using a very small part of a work (e.g. a few music notes such as the first four notes of Beethoven’s Fifth Symphony) could amount to infringement if it forms the most essential part of the original work. If a few notes immediately bring to mind the original song, there will definitely be infringement of copyright if that part of the work was used without the copyright owner’s permission.
What happens if someone infringes copyright
The copyright owner is entitled to bring civil proceedings for infringement and to seek redress in the same way as if any other property right had been infringed. For example, he may be awarded damages, or may obtain an injunction in order to stop the infringement immediately. Copyright infringement can also trigger criminal liability with a maximum penalty for an offence of ten years imprisonment.
UK law distinguishes between primary and secondary infringement of copyright:
∑ To perpetrate, or authorize the perpetration of, any of the acts restricted by copyright without the copyright owner’s consent constitutes primary infringement.
∑ To encourage or assist a primary infringer (e.g. companies who deal with infringing copies, or who facilitate such copying, or facilitate public performance) amounts to secondary infringement. This can be more difficult to prove since liability depends on the secondary infringer knowing or having reason to believe that the activities were wrongful.
Are there any exceptions to copyright
Exceptions to copyright do exist, specifically to establish a balance between the interests of copyright owners and the public interest. This means that certain acts normally restricted by copyright are allowed under specific circumstances without the consent of the copyright owner e.g. the use of a copyright protected works by librarians or educational establishments, for only transitory recordings by broadcasters and “time shifting” (i.e. copying broadcast transmissions to watch at a more convenient time).
The “fair dealing” exception e.g. dealings with a work for the purposes of criticism, review and news reporting, is not infringing copyright in the work as long as the work is used in a ‘fair’ way and it is accompanied by sufficient acknowledgement of the author of the work. Another fair dealing exception is that recognized for research and private study. However it is limited to literary works (therefore music and recordings are not subject to this exception).This should not be confused with the US concept of fair use.
The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) which a work will become part of when its copyright protection has expired. Copyright establishes a healthy balance between the interests of the creator and the public domain establishing an incentive for creativity and innovation whilst at the same time respecting the interests of the general public.
Can I make copies for my private use
Broadly speaking, no. Under UK law any act of copying that takes place without the authorisation of the copyright holder is illegal (the UK is one of the few countries in the European Union without an exception for private copying or a "blank tape" levy system). But whilst in theory all unauthorized acts of private copying in the UK could be pursued as infringements of copyright, in reality it is highly impractical to do so.
The main categories of private copying are:
∑ Copying from a physical format such as a CD or DVD to another physical format or device, such as an MP3 player or hard drive.
∑ Copying from an online format, such as an online music services, onto a physical format or device.
∑ Copying from broadcast transmissions. This is currently permitted under UK copyright as a “time-shifting” exception e.g. it is permissible to record a programme to watch at a later date. However, this doesn’t create a ‘right to copy’. For example, subscription systems and on-demand TV cannot be copied using this provision.
The music industry is concerned that the volume of sales of blank media has increased to an enormous level and that new technology is also enabling the unlimited reproduction of perfect clones from one original product. Without any mechanism for compensation, composers and publishers are losing out.
Can I use samples of other people’s music
Sampling is the use of portions of someone else’s recording which are incorporated into a new composition and is widespread in the music industry today. However, if you sample someone's song/tune without permission, you infringe copyright in the song itself (usually owned by the songwriter or the publishing company) and in the sound recording (usually owned by the record company).
As a rule, you should always obtain permission from the copyright owner(s). Authorisation to use the sample will often be given by way of licence. The fee for the licence will vary depending on how much of the original sample is used, the music intended to be sampled (it will be more expensive to use part of a famous song than an unknown drum beat) and the intended use of the sample in the new composition (it will be more expensive to build the whole new composition around the sample than to use it incidentally in the new composition).
What do collecting societies do
Collecting societies act on behalf of their members (e.g. composers, publishers, etc) to negotiate licensing agreements with third parties who wish to use or copy music, ensuring as far as possible that the copyright owners are fairly rewarded for the use of their music. They also collect the royalties derived from these agreements and distribute them to the owner of copyright.
The Mechanical-Copyright Protection Society (MCPS) and Performing Right Society (PRS) represent UK songwriters, composers and music publishers. They license the use of their music use in the UK and pay their royalties, which allows writers to write more music without having to worry about chasing their royalties.
PRS: Collects and distributes music royalties to its members generated when music is performed or broadcast in public e.g. in a pub, at a live concert, on the radio, via the internet, or even as background music in a shop.
MCPS: Collects and distributes mechanical music royalties to its members generated by the copying or recording of the music onto different formats (e.g. CDs, DVDs and records, and using music in TV and radio programmes, films and on websites) or when copies of the work are issued to the public.
What do music publishers do
Music publishers play a vital role in ensuring that composers and songwriters are paid for the use of their music by promoting, licensing, managing and safeguarding the copyright in their work. They perform a variety of functions on behalf of songwriters including:
∑ Finding new and talented songwriters and composers and encouraging and supporting them as they develop their skills, whether through helping with their living expenses, providing them with the facilities they need to produce music or offering advice and guidance in writing for particular markets;
∑ Securing commissions for new works and helping to coordinate work flow;
∑ Registering the works of songwriters and composers with all appropriate collecting societies and agencies, such as MCPS and PRS;
∑ Producing performance materials (score and parts) and demonstration recordings;
∑ Producing and licensing the production of printed music;
∑ Preparing promotional materials, including sampler CDs, study scores, etc;
∑ Promoting composers and songwriters to performers, broadcasters, record companies and others who use music on a commercial basis;
∑ Licensing the use of music;
∑ Monitoring and tracking the use of the music they own and ensuring that proper payment is made for all licensed uses;
∑ Making royalty payments to songwriters and composers in respect of the usage of their music;
∑ Taking appropriate action against anyone using music without the necessary licence;
The relationship between a music publisher and a songwriter/composer is supported by a publishing contract setting out the rights and obligations of each to the other. Under these contracts songwriters and composers assign the copyright in their music to the music publisher in return for a commitment to promote, exploit and protect that music. The publisher agrees to pay the songwriter/composer a percentage of any income earned from such exploitation as royalties.