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GHAMRO is the authorised music collecting management organization (CMO) by the Copyright Act 2005, Act 690 and the Coptright Regulations 2010, L.I. 1962, and approved by the Ministry of Justice and Attorney-Generals' Department to license, collect and distribute royalties accruing to music authors and owners of copyright and related rights. .
GHAMRO Membership Categories
Outlines the different requirements for Full, Associate and Provisional Membership of GHAMRO and the rights assigned to members in each category
GHAMRO Membership Admission Requirements
Admission requirements for both author and publisher members and details termination of membership Successors to Deceased Members
How to become the successor to a deceased member
Section A - Membership
(1) (2) After 1 year's provisional membership aggregate earnings of Ghs.1,000 (author/composer) and Ghs.2,000 (publisher) over a period not exceeding three continuous years.(3) After 1 year's membership aggregate earnings of Ghs.2,000 (author) and Ghs.5,000 (publisher) over a period not exceeding three continuous years. Rights (i) Receive Report & Accounts (ii) Attend General Meetings (iii) 1 vote on a show of hands or on a postal ballot (i) Receive Report & Accounts (ii) Attend General Meetings (iii) Eligible to nominate or be nominated to Board (iv) 1 vote on a show of hands or 10 votes on a poll or postal ballot (i) Receive Report & Accounts (ii) Attend General meetings (iii) Eligible to nominate or be nominated to Board (iv) 1 vote on a show of hands: 50 votes on a poll or postal ballot plus 50 additional votes if either of the under-noted criteria is fulfilled (3) (5).
1. Discretion is retained by the Board of Directors to elect below the criteria in appropriate circumstances.
2. Promotions to Full and Associate membership are automatic. After the end of each financial year, members' earnings are examined to determine those who qualify for promotion. They are then notified of their new member status. The new status is not lost by any subsequent decline in GHAMRO earnings below the level of current criteria.
3. Successors to deceased members are eligible for promotion to Full membership if they meet the same earnings criteria as publisher members. However, successors are not eligible for appointment to the Board of Directors, nor are they entitled to the fifty additional votes on a poll or postal ballot (note 5) unless also qualifying for Full membership as an author or publisher in their own right.
4. The earnings criteria shown above are for promotions from 2011 onwards. They will be reviewed every five years.
Minimum criteria for additional FULL MEMBER VOTES
5. To qualify for additional Full Member Votes, a member must have aggregate GHAMRO earnings of 10 times the full membership criterion as at the preceding
31st December, during the 20 years or less up to the preceding 31st December. The earnings required are Ghs.2,000 (author) and Ghs.5,000 (publisher).
The criteria governing admission to Provisional membership of GHAMRO are as follows:
Songwriters, Composers, Lyricists and Arrangers of Public Domain Music, qualify for membership of GHAMRO one of their works has been either:-
a) commercially recorded (i.e. not a demo), or
b) broadcast on TV or Radio within the past two years, or
c) performed in public on at least 12 occasions within the past two years.
Each applicant must also submit proof of identity. A copy of the applicant’s birth certificate is normally sufficient and a reference from an existing GHAMRO member.
Applicants must also sign and return the Deed of Assignment issued to them at the time of their application.
In order to qualify for GHAMRO membership a music publisher must have a catalogue of at least 15 works all of which have been commercially published or commercially recorded. In addition:-
a) The authors of the 15 qualifying works must be members of GHAMRO, or of one of its affiliated societies.
b) The publisher must have acquired rights in at least 5 of the works for a territory within the previous year.
A copy of the recordings or of the sheet music must be submitted in support of the application for the qualifying 15 works. Copies of all assignments between the applicant and the authors in respect of the works concerned must also be supplied. A sheet of the publisher’s headed notepaper should be provided.
There is GHs.50 fee for GHAMRO membership for either author/composer or GHs.400 publisher applicants.
The following definitions apply to the admission criteria:
· 'Broadcast' means transmission by a television or radio broadcasting station and/or inclusion in a cable programme.
· 'Film', which includes videograms (whether in the form of cassettes or discs) as well as cinematograph films as defined by the Copyright Act 690.
· 'Commercially published' means:
· made available to the public by sale or hire in graphic (sheet music) form
'Commercially recorded' means:
i. the work has been released to the public on a record label, or
ii. the work has been recorded and made available to the public by inclusion in a catalogue of a recorded music (e.g. background or mood music) library, or
iii. the work has been recorded and transmitted by a television or radio broadcasting station or included in a cable programme, or
iv. the work has been recorded on the soundtrack of a film which has been released for public exploitation.
Termination of Membership
Provisional and Associate author membership may be terminated if no royalties at all are credited to the author over a five year period. Provisional publisher members whose royalties have not exceeded an aggregate of Ghs.500 over five years may also be terminated.
Successors to Deceased Members
Copyright in musical works lasts for the lifetime of the author (or in the case of co-written works, the lifetime of the last surviving contributor) and for 70 years following their death. On the death of a member, GHAMRO should be notified as soon as possible so that it can be established to whom future royalties should be paid. Under the company’s Articles of Association membership of GHAMRO ceases upon death. Will continue to pay royalties to the deceased members' next of kin until December 31st of the seventh year following their death, or until a successor member is admitted, whichever is the earlier.
GHAMRO will admit to Successor membership persons eligible under the Articles of Association. Admission is carried out in such a way as to cause the royalties to be paid in accordance with the will or operation of law. Whatever arrangements are made, GHAMRO is strictly accountable to pay royalties to the executors in the first instance and then to the Successor member, if one is elected. If the deceased does not leave a will, the law prescribes who is to inherit his or her assets, including royalty payments from GHAMRO. GHAMRO is bound by the law. Therefore, in the absence of a valid will all royalties will be paid to those legally entitled.
The legal charges for making a will are quite small, and GHAMRO strongly advises that members make a will and recommend that a solicitor should be consulted as this is not always a straightforward process. Successors to Provisional members are initially admitted to Provisional membership, whereas Successors to Associate or Full members are admitted to Associate membership (unless in the case of a deceased Full member the royalties over the last three years had fulfilled the criteria for Full Publisher membership). Once elected, Provisional Successor members are promoted to Associate membership status under the same criteria as living Author members, and Associate Successor members are promoted to Full membership status in accordance with the criteria for Publisher members.
Unless a Successor member is elected, GHAMRO's control of the rights in unpublished works will cease upon the expiry of the seven year period following the death of the last surviving interested party in the works. As regards published works, payment to the publishers will normally continue after the expiry of the seven year period, and include the former Author share. The executors of the last member would no longer be entitled to receive that Author share direct.
In conclusion, members should ensure that they have made a valid will specifically bequeathing their royalties (if appropriate), and to also include that a direction is given to close family and/or legal advisors to notify GHAMRO immediately after their death so that the above procedures can be put into effect swiftly.
GHAMRO's Methods of Licensing Public Performance
An explanation of GHAMRO's public performance licenses and how the different levels of royalties are assessed
Members' non exclusive licensing procedures Article 7(g) and Rule 11 Article 7(f)
Section D - Licensing
GHAMRO's Methods of Licensing Public Performance
1 Public Performance
The Copyright Act defines what constitutes a performance in public. The general rule which has emerged from decisions by the Courts over the years, though, is that any performance which takes place outside the domestic or quasi-domestic circle is 'public' for this purpose regardless of the nature of the entertainment or the kind of premises where the performance takes place, and irrespective of whether a charge for admission is made. For example, performances in clubs at which attendance is restricted to members, and performances in factories, have been held to be public performances for the purpose of the Act.
Through assignments from its own members and through affiliation agreements with foreign societies, GHAMRO owns or controls the public performance right in most of the copyright music played in Ghana. Its licence is therefore necessary for practically every public performance of copyright music in this country.
GHAMRO's policy is to grant a licence to any prospective music user provided only that the person concerned is prepared to enter into the standard licence contract and pay the appropriate tariff royalty. The onus lies on a music user to obtain the permission of the copyright owner before public performances begin. Since GHAMRO controls the performing right in the musical works vested in it by copyright owners, it maintains a nation-wide staff in the field to explain this obligation to unlicensed users of copyright music and to issue licences to them. Licences are also issued by the GHAMRO Head Office.
The tendency of music users not to seek GHAMRO licence until approached by its agents means that the cost of issuing new licences is unjustifiably high. For this reason, the royalty for the first year of a licence is 30% - 50% more than the continuing charge, unless the music user asks for a licence before being approached by GHAMRO.
GHAMRO is reluctant to litigate with music users who do not comply with the law and it takes all reasonable steps to ensure that music users are fully aware of their obligations. However, if a music user refuses to enter into a licence after his obligations have been fully explained, proceedings are begun in the Circuit Court. These proceedings claim an injunction preventing the performance of any of GHAMRO's copyright repertoire in public until a licence is obtained, and GHAMRO also claims damages and costs. Where the infringement is flagrant - as is often the case - the amount of damages can be high.
2 GHAMRO's Licences
GHAMRO licences are in the form of contracts which run from year to year until cancelled by either party. They are blanket licences, authorizing the public performance of any of the millions of works which GHAMRO controls on behalf of both of its members and of the members of its affiliated societies throughout the world. The royalties payable under GHAMRO licences vary as the nature or extent of music usage charges in the premises concerned. The general nature of the licence contract is that it authorizes the licensee to perform, or to cause or authorize the performance of GHAMRO's copyright repertoire, in consideration for which the licensee undertakes to pay the appropriate royalty.
Naturally, it does not oblige the performance of all or any part of GHAMRO's repertoire. The extent to which that repertoire is performed, within the terms of the licence, is the licensee's choice entirely. It would obviously be quite impracticable for GHAMRO to monitor every performance given by each of its licensees, just as it would be intolerable for most licensees to keep a precise check on the nature and extent of all performances in their premises. Therefore, GHAMRO must be told immediately of any reduction of music usage if it is to agree to a corresponding reduction in the royalty. Similarly, increased music usage must be promptly notified.
GHAMRO's licences cover both 'live' performances and performances by mechanical means, e.g. juke boxes, radio and television, video, record, CD and tape players, and so on.
Licences are in issue for numerous categories of premises, including cinemas, clubs, concert halls, night clubs, church halls, restaurants, shops, factories, universities, aircrafts, sports stadia, theatres and many others. Nearly 30,000 establishments are covered by the GHAMRO licence in Ghana.
In certain cases, permits are issued for the use of GHAMRO's repertoire, or sometimes for specified works, either at a single performance or at a short series of performances at premises not licensed for those occasions. If a copyright musical work is performed in public without the copyright owner's consent then the copyright owner has a claim against not only the promoter of the performance but also the proprietor of the premises (unless he can show that he had no reason to believe that infringement would take place) and the performers.
It is not GHAMRO policy to grant licences to performers (other than to brass and military bands as such, for performances in public places). GHAMRO normally issues its licence to the proprietor of the hall or other premises concerned, so relieving the promoter of a musical entertainment there from having to apply for a special permit. Promoters should make a point, when hiring premises for a function involving music, of ensuring that the proprietor holds a GHAMRO licence which will cover the occasion.
Where a chain of hotels or stores or any other business operating multiple premises needs a licence for five or more of those premises, GHAMRO normally issues a single licence to the Head Office of the company concerned. Royalties are then assessed annually, depending on music usage and the number of premises involved, without the need to issue and cancel licences when new premises are acquire or opened and others closed or sold off.
Since the licence is a contract it follows that the payment of royalties is an obligation enforceable by law. Those who remain in default after due reminders are sued in the appropriate courts as ordinary commercial debtors.
3 The Assessment and Payment of Royalties
Royalty charges payable by licensees are calculated under a series of carefully devised tariffs which normally take account of the type and frequency of the performances, the nature of the venue and other relevant circumstances. Many tariffs have been settled by negotiation with national associations representing the classes of music user to whom they apply. As explained earlier, GHAMRO's charges for the first year of a licence are 50% higher than the continuing royalty unless the licensee sought that licence before the relevant performances began.
GHAMRO's principal tariffs are adjusted annually for inflation. The annual adjustment is by reference to the Consumer Price Index.
Many GHAMRO licensees pay a flat annual charge which does not need to be adjusted from year to year, other than for inflation. These include most premises licensed only for background music. However, where the royalties are calculated as a percentage of admission receipts, or the number of employees (as in the case of factories and offices) or on a substantial, and fluctuating, number of dances or other events with music, then in fairness to both GHAMRO and the music user the licensee may be asked to complete an annual return of the music usage so that the correct charge can be established.
Royalties are payable annually in advance. A licensee whose royalty is calculated and adjusted annually therefore pays, in the first year, an amount based on an estimate of the licensee's music usage during the coming year. At the end of the year this payment is adjusted to the actual figure by reference to the return sent in by him. For the ensuing year the licensee pays the equivalent of the royalty calculated for the previous year that payment in turn is adjusted twelve months later when the actual details can be ascertained.
4 GHAMRO's tariffs for Public Performance
Details of the scope and cost of GHAMRO tariffs may be obtained from GHAMRO’s Licensing team. Tariffs contain up-to-date information on the actual charges levied and many are subject to periodic renegotiation with music users and trade associations. Most tariffs provide for automatic increases in line with the cost of living.
Licensing Procedures Article 7(g) Rule 11 Article 7(g)
Any member may, subject to compliance by the member with the Rules of the Organization, require the company to grant to the member a non-exclusive licence in respect of any particular work or works, the performing right in which has been assigned to the company by such member as the composer, author, publisher or proprietor thereof of the performance of such work or works in public at any particular event or series of consecutive events.
Rule 11 of the Rules and Regulations of GHAMRO sets out the details of how Article 7(g) can be invoked. Rule 11 provides that:-
a) that the member serves a written notice ("the Notice") on the secretary of GHAMRO at the registered office of GHAMRO in a form prescribed by GHAMRO from time to time, not less than two months prior to the event or events in respect of which the licence is required. The Notice shall include the following:-
(i) the date or dates and approximate time or times on which the *Event (or series of consecutive Events) specified in the Notice is or are to take place;
(ii) the place or places within the Republic of Ghana at which the Event (or series of consecutive Events) specified in the Notice is or are to take place;
(iii) the particular Work or Works in respect of which the Member giving the Notice require GHAMRO to grant to that Member a non-exclusive licence for the performance of the Work or Works in public;
(iv) the name or names of the person or persons who will perform the Work or Works at the Event or Events;
(v) evidence to the satisfaction of GHAMRO that all the Works to be performed at the Event or Events will be subject to a licence granted pursuant to this Rule.
(b) that the Member giving the Notice shall furnish to the secretary of GHAMRO a written consent and release (in a form prescribed by GHAMRO from time to time) from all Persons interested in the Performing Right in the Work or Works specified in the Notice consenting to the proposed performance and releasing GHAMRO from any obligation to collect any royalty or other sums in respect of the performance of such Work or Works at the Event or Events in respect of the Performing Rights administered by GHAMRO for such persons.
For the purposes of this Rule 11:-
*"Event" means one day's performance of a Work or Works in public at a venue in the Republic of Ghana."
Licensing Procedures Article 7(f) Article 7(f)
Under this procedure, GHAMRO may, on request within 21 days of the commencement of the show, return to members the whole or any part of the performing right in any of their works to enable members, copyright owners or authorized third parties to license certain performances themselves in particular circumstances, examples of which are set out below. Once a member has made a request to GHAMRO and the terms are agreed, the procedure is that GHAMRO gives formal notice to the member or members concerned, pursuant to Article 7(f) of its Articles of Association, that it "declines to exercise" the relevant part of the performing right in the works in question. Additionally, it is required that the royalty rate charged by the member will not be lower than the appropriate GHAMRO tariff rate, and that an exclusive licence is granted, in a defined context, for the performances which are the subject of the notice.
a) Compilation Shows
In recent years it has become increasingly common for musical works which were not originally written for the theatre to be used in theatrical productions of a type which have become known as "compilation shows". Such fixed-format, title shows often depict the life or career of a particular composer or performer, and feature many songs or other well-known musical works which were written or performed by the character concerned. Owners of the copyright in songs and other works of American origin often claim that this use of their works constitutes a "dramatic" performance falling outside the scope of the mandate given to the US society to which they belong, and that in consequence GHAMRO has no authority to licence such uses; however, in some cases GHAMRO can acquire these rights through the Ghana sub-publisher. As regards works by GHAMRO author members, GHAMRO does control such uses, and therefore, performances of these works in compilation shows are licensed by GHAMRO, or by the member in accordance with the 7(f) procedure as explained above.
b) Interpolated Music in Plays
"Interpolated music" is music not specially written for a theatrical production, which is performed by, or intended to be audible to, a character or characters in the production. The performance of pre-existing musical works interpolated in plays, whether or not such works are excerpts from dramatico-musical works, can be licensed under the 7(f) procedure.
The Rights Administered by GHAMRO
Section E - Rights
The Rights Administered by GHAMRO
The extent of the rights administered by GHAMRO on behalf of its members is regulated by detailed provisions in GHAMRO's Articles of Association and in special directions issued by the Board of GHAMRO pursuant to the Articles. These definitions are long and somewhat complicated, but their general effect in practice is as follows. Subject to the exceptions explained in the next paragraph, GHAMRO administers the performing right in all its members' musical works; and the term 'performing right' means the right (a) to perform a work in public, (b) to broadcast a work and to cause the work to be transmitted to subscribers to a diffusion service. GHAMRO also administers the film synchronization right in any musical work specially written by a member for a film.
(i) 'Grand Right Works'
The rights administered by GHAMRO exclude what are usually referred to as 'grand rights'. This expression is generally understood to refer to performances of dramatico-musical works and ballets.
In GHAMRO's Articles of Association:
- a dramatico-musical work means "an opera, an operetta, musical play, revue or pantomime, insofar as it consists of words and music written expressly therefor"
- a ballet means "a choreographic work having a story, plot or abstract idea, devised or used for the purpose of interpretation by dancing and/or miming, but does not include country or folk dancing, nor tap dancing, nor precision dance sequences".
However, the performing right in dramatico-musical works and ballets is administered by GHAMRO when these works are performed by means of films which were made primarily for the purpose of exhibition in cinemas (and this control extends also to television broadcasting of such films). GHAMRO also controls performances of these works when given in public by means of radio or television sets (for example in a hotel lounge or a public house).
Television broadcasts of short ballets specially written for television up to a total duration of five minutes or of excerpts from existing ballets are also controlled by GHAMRO.
(ii) Excerpts from dramatico-musical works
The extent to which excerpts from dramatico-musical works are controlled by the individual copyright owners and by GHAMRO respectively can be summarized as follows:-
a) Excerpts performed dramatically are always controlled by the individual copyright owner (except in the circumstances mentioned above in which GHAMRO would control a complete performance of such a work and, at the option of the member who is the owner of the copyright work, GHAMRO may administer the broadcasting right in a dramatic excerpt subject to certain conditions).
b) As regards excerpts performed non-dramatically public performances of these fall within GHAMRO's control provided that they do not exceed 25 minutes duration and neither cover a complete act of the work nor consist of a 'potted' version of it. Non-dramatic excerpts in excess of those limits are controlled by the individual copyright owners. The same rules apply to television broadcasts (except that the maximum duration of excerpts controlled by GHAMRO is 20 minutes), and as regards radio broadcasts, all excerpts, however performed, fall within GHAMRO's control except where they exceed the same limits as apply in the case of public performances (subject however to the additional proviso that the total duration of the excerpt(s) must not exceed 25% of the total length of the work).
(iii) Other exceptions
The rights administered by GHAMRO also specifically exclude public performances (but not broadcasts) of music especially written for son-et-lumière productions and for dramatic productions in theatres, when performed in conjunction with such productions. In certain cases words written specially for commercial advertisements are also excluded from GHAMRO's control.
NB a) All non-dramatically performed excerpts which exceed the above noted durations fall outside GHAMRO's control and must be licensed by the individual copyright owners.
b) All ballet music - complete or in excerpt - is controlled by GHAMRO when not accompanied by a visual representation of ballet.
c) If a dramatico-musical work (of specially written music) begins its performance life as a film, broadcast, record, tape or CD and is later adapted to the stage, GHAMRO does not control the stage performance of such an adaptation. However, pre-existing musical works used in films which are later adapted to the stage are normally controlled by GHAMRO in the first instance.
Full definitions of rights administered
1 Performing Right
The term 'performing right' is defined in GHAMRO's Articles of Association as follows:- 'Performing Right' means, in relation to a musical work, the right to do, or authorize other persons to do, any of the following acts:-
(a) to perform the work in public,
(b) to broadcast the work; and
(c) to cause the work to be transmitted to subscribers to a diffusion service, in so far as such rights subsist under the law in force from time to time relating to copyright in the State, and includes such corresponding or similar rights as subsist under the laws relating to copyright in all other countries in the world as in force from time to time.
2 Musical Work
The term 'musical work' is defined in the Articles as follows:-
'Musical Work', without prejudice to the generality of the expression includes:-
(a) any part of a musical work,
(b) any vocal or instrumental music recorded on the soundtrack of any film,
(c) any musical accompaniment to non-musical plays,
(d) any words or music of monologues having a musical introduction or accompaniment
(e) any other words (or part of words) which are associated with a musical work (even if the musical work itself is not in copyright, or even if the performing rights in the musical work are not administered by the company).
3 Film synchronization right
The term 'film synchronization right' in respect of any musical work means the exclusive right in any part of the world to record the work on the soundtrack of a film and the term 'film' has the same meaning as it has under the Copyright Act 1963, namely
"any sequence of visual images recorded on material of any description (whether translucent or not) so as to be capable, by use of that material -
(a) of being shown as a moving picture, or
(b) of being recorded on other material (whether translucent or not) by the use of which it can be shown;"
NB The assignment to GHAMRO of the film synchronization right by an author member is subject to the express provision that GHAMRO will at any time, at the request of the composer or author of the work, assign or licence the film synchronization right in the work to the film producer or other person who commissioned its composition or writing provided that GHAMRO shall have obtained from the producer of the film on the soundtrack of which the work is to be recorded, an agreement in a form satisfactory to GHAMRO providing for payment to GHAMRO of such fees either by way of a lump sum payment or share of receipts of royalties or otherwise as GHAMRO may require in respect of any exhibition of any film embodying the work in cinemas (motion picture theatres) in the USA.
The precise extent to which, with effect from 1st January 2015, GHAMRO actually administers rights on behalf of its members is set out in the following directions adopted by the Board under the powers granted to it by the Articles of Association:-
A For Television Broadcasting (otherwise than by microwave distribution):
The broadcasting right in every musical work of which the member is the author, publisher or proprietor, except:-
1 a dramatico-musical work whether staged or otherwise; provided that the rights administered by GHAMRO do nevertheless include the right to broadcast on television:-
a) a dramatico-musical work or an excerpt or excerpts from a dramatico-musical work broadcast by means of a film made primarily for the purpose of public exhibition in cinemas or similar premises; and
b) a non-dramatic excerpt or excerpts from a dramatico-musical work (by whatever means broadcast) - the total duration of which in the course of the same programme does not exceed 20 minutes and which excerpt or excerpts -
(i) are not a 'potted' version of the work or
(ii) are not or do not cover a complete act of work;
Note At the option of the member who is the owner of the copyright in a dramatico-musical work GHAMRO may administer the broadcasting right in a dramatic excerpt or excerpts from the dramatico-musical work broadcast in a documentary programme where non-dramatic excerpts from the dramatico-musical work also appear in the same programme and where the total duration of all the excerpts in the course of the programme does not exceed 20 minutes.
2 the whole or any part of any music and of any words associated therewith composed or used for a ballet if accompanied by a visual representation of such ballet or part thereof; provided that the rights administered by GHAMRO do nevertheless include the right to broadcast on television any such music and words so composed and used and accompanied by such visual representation when:-
a) a ballet or part or parts thereof are performed by means of a film made primarily of the purpose of public exhibition in cinemas or similar premises; or
b) a ballet or parts thereof, having been devised for the purpose of a broadcast on television, have a total duration in the course of the same programme not exceeding five minutes; or
c) a part of parts (being less than the whole) of a ballet, not having been so devised, have a total duration in the course of the same programme not exceeding five minutes;
Note At the option of the member who is the owner of the copyright in a ballet, GHAMRO may administer the broadcasting right in a part or parts (being less than the wholes of the ballet broadcast in a documentary programme where the total duration of all the parts in the course of the programme does not exceed 20 minutes).
3 words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-copyright music and the sung performance has a duration of not less than five seconds.
B For Radio Broadcasting (otherwise than by microwave distribution):
The broadcasting right in every musical work of which the member is the author, publisher or proprietor, except: - 1 a dramatico-musical work; provided that the rights administered by GHAMRO do nevertheless include the right to broadcast on radio an excerpt or excerpts from a dramatico-musical work the total duration of which in the course of the same programme does not exceed 25 minutes or 25% of the total length of the work whichever shall be the shorter and which excerpt or excerpts -
(i) are not a 'potted' version or the work, or
(ii) are not or do not cover a complete act of the work;
2 words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-copyright music and the sung performance has duration of not less than five seconds.
C For Public Performance:
The performing right in every musical work of which the member is the author, publisher or proprietor, except:-
1 a dramatico-musical work whether staged or otherwise; provided that the rights administered by GHAMRO do nevertheless include the right to perform in public: -
a) a dramatico-musical work or an excerpt or excerpts from a dramatico-musical work performed by means of a film (3) or by means of a radio or television set used for the purpose of giving a public performance of broadcast programmes;
b) a non-dramatic excerpt or excerpts from a dramatico-musical work (however performed) the total duration of which in the course of the same programme is 25 minutes or less and which excerpt or excerpts -
(i) are not a 'potted' version of the work, or
(ii) are not or do not cover a complete act of the work;
2 the whole or any part of any music and of any words associated therewith composed or used for a ballet if accompanied by a visual representation of such ballet or part thereof; provided that the rights administered by GHAMRO do nevertheless include the right to perform in public any such music and words so composed or used and accompanied by such visual representation when performed by means of:-
a) a film (3); and/or
b) a television set used for the purpose of giving a public performance of broadcast programmes
3 any musical work specially written for a son-et-lumiere production when performed in or in conjunction with that production;
4 any musical work (being a musical work which is not a dramatico-musical work or part of a dramatico-musical work) specially written for production of a dramatic work in a theatre when performed in or in conjunction with that dramatic work.
D For inclusion in a Cable Programme Service and for Broadcasting by microwave distribution (4)
The right to include in a cable programme service or to broadcast by microwave distribution every musical work of which the member is the author, publisher or proprietor except words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-public domain music and the sung performance has a duration of not less than five seconds.
E For Film Synchronization:
In the case of an author member only, the film synchronization right in every work composed or written by the member primarily for the purpose of a particular film or films in contemplation when the work was commissioned (see definition of film synchronization right and licensing procedure).
1 If an excerpt from a dramatico-musical work is performed on television or on stage it will be deemed to be dramatic if it is accompanied by any dramatic action, whether acted, danced or mimed, and thereby (and/or through the use of costume, scenery or other visual effects) gives a visual impression of or otherwise portrays the authors' original conception of the work from which the excerpt is taken.
2 It follows (by way of example) that a performance will not normally be deemed to be a dramatic performance if in the case of an excerpt not clearly to be regarded as 'dramatic' under 1 -
a) the excerpt is presented on a fixed set which is not based on the set of the original dramatico-musical work. (A 'fixed set' would be one which is used for the whole or a substantial part of the television or stage show); or
b) the performer(s) is/are wearing a costume which is not a costume from or based on the original dramatico-musical work; or
c) scenic effects are limited to the use of either a single prop, and/or a backcloth or a piece of scenery (whether physically present or created by technical means e.g. lighting effects) provided that the use thereof is not combined with costume from or based on the dramatico-musical work from which the excerpt is taken.
(1) GHAMRO also controls the cable re-transmission of such works when the act of re-transmission derives from and is simultaneous with a broadcast of the work by radio or television. However, the circumstances in which such simultaneous re-transmission constitutes a 'restricted act' which can be licensed by or on behalf of the copyright owner are somewhat limited.
(2) Guidelines to help determine whether any given performance of such an excerpt is 'dramatic' or 'non-dramatic' have been adopted by the Board of GHAMRO.
(3) 'Film' is defined as in the Copyright Act 2005. It thus includes videograms (whether in the form of cassettes or discs) as well as films in the narrower sense.
(4) Broadcasting by microwave distribution is the technique by which television or sound services may be distributed, in a specified area, to homes or other places having special aerials capable of receiving microwave signals.
Notification of New Works
Explanatory notes and sample forms for notifying a new work to GHAMRO Notification of New Agreements
Explanatory notes and sample forms for notifying a new agreement to GHAMRO Act of Fixation
USA Cinema Licensing Fees
Section B - Repertoire
Notification of New Works GHAMRO Notification of Works Forms
Completed forms should be sent directly to GHAMRO for initial registration of works..
1 There are two types of forms used to register works, a form for unpublished works and a form to notify author/publisher agreements. An additional titles form can be used in conjunction with both of these forms where appropriate. 'ADDITIONAL TITLES' forms can help reduce administration and paperwork. They can accompany the main notification form where members wish they wish to notify several similar works, provided that the number of authors is the same and the contractual details and shares are identical. Any number of 'Additional Titles' forms can accompany a main form in accordance with the above criteria.
Authors should note.....
2 (i.e. works assigned to a publisher member of GHAMRO). It is the responsibility of your publisher to notify works you have assigned to that company. Published works should not be notified by the composer or songwriter with certain exceptions. For example, an author may wish to notify GHAMRO of works which are published abroad only.
3 Authors who are under exclusive contract to a publisher should ensure that they advise their publisher of all new works as they are written to enable the publisher to notify the details to GHAMRO.
4 (i.e. works not assigned to any publisher) should only be notified when specific performance activity is known or when they have been issued on commercial recordings or as part of an audio visual presentation. The form includes special columns for indicating performance and recording activity.
5 All unpublished works which are specially commissioned for a film, television or radio programme or series, or any other audio-visual production should be notified by the author(s).
6 Each author has a unique nine digit CAE Number . This number should be (legibly) entered in the appropriate column in order to aid identification. If you are co-writing with other GHAMRO members or members of affiliated societies, you should also ensure that your co-author’s CAE Number is also entered. If you are unaware of your CAE number, please contact GHAMRO Membership Services.
7 Members should not notify their arrangements of copyright works as no share of royalties is allocated to an arranger in such cases.
HOWEVER ARRANGEMENTS OF PUBLIC DOMAIN WORKS SHOULD BE NOTIFIED.
8 If a composer has written incidental music for a non-musical play, the playwright's name should not be shown in the author's column. If songs have been written for the play, their individual titles and other details should be separately indicated, making it clear who wrote the words. Specially commissioned works for a film, television or radio programme (or series) or any other audio-visual production should, wherever possible, be notified under the generic score title only (e.g. "Film X - Theme and Background Music"). It is not necessary to notify each individual cue employed in an audio-visual work, except where the nature of the cue differs substantially from the rest of the score (e.g. another interested party is involved, or the work is a commissioned song). The producer’s music cue sheet for the production this should be sent directly to the GHAMRO Repertoire Section, if available.
Publishers should note.....
1 All author/publisher agreements and works should be notified on the appropriate form.
2 Authors' shares need not be shown for forign acquisition. Where the form is being sent to your authors for signatures you should request that their unique CAE numbers are also entered. You should endeavour to obtain an author's signature on the form, and where necessary, on the 'Additional Titles' form as well, where the work has been written by a GHAMRO member to confirm the notification is in order. If no reply from the GHAMRO member is forthcoming within one week, same notification will be inputted as accepted. authors' signatures are not required where you have previously lodged with GHAMRO details in respect of the Exclusive Songwriter Aggreement (ESA)
3 For notifying Co-Published works or 'Split Copyrights', extra care must be taken. You are not required to indicate shares and contractual details of interests other than that part of the work you are notifying. However, all interested parties, (i.e. all the names of authors and publishers involved with the work) should be s hown. If you are unable to establish an interested party (author or publisher) the word 'unknown' should be shown on a separate line on each occasion where this is the case.
4 All forms should always be signed and dated - for publishers' notifications the full name of the publisher and the capacity of the signatories should also be provided.
The names of all author and publisher members are entered by the Society to which they belong in an international membership file, known as the 'CAE File' (which is the French acronym for Compositeurs, Auteurs and Editeurs). The CAE File is the basis for the international royalty accounting and in order to aid identification, each society member is given a unique number. To protect confidentiality where authors register a pseudonym or where publishers trade under a different company name, a separate CAE number is allocated. Therefore, members may have more than one CAE number. There are over one million names on the CAE file and in order to simplify identification, we request author members to quote their CAE number when registering works and agreement details. If you are unaware of your CAE number, please contact GHAMRO Membership Services.
When registering a work, whether by a publisher or author/composer, the GHAMRO member is declaring their copyright ownership of that particular work. Therefore, it follows that in the event of a dispute regarding ownership of works, the legal obligation rests with the publisher or author/composer to prove ownership.
Publishers' Notification of Author/Publisher Agreements Procedure
1 General Notes
GHAMRO's aim is to process all agreements as efficiently as possible. Publishers should inform GHAMRO of the start date and end date of each agreement entered into. From the start date of this agreement, royalties distributable on works subject to the agreement will be payable to the parties involved, in accordance with notification of agreement details to GHAMRO.
2 Types of agreements affected are:-
(a) exclusive songwriters agreements (ESA):
an agreement between an assignor (author) and an assignee (publisher) covering works written during the period of the agreement. This type of agreement can include previously written but uncommitted works. However, these works must be included on the schedule of works as subject to the exclusive agreement.
(b) specific agreements:
an agreement between an assignor and an assignee which covers only a specific work or list of works in the assignor's catalogue but not all works . The specified list would not normally be added to. The schedule of works form should be completed in the case of specific agreements. Works previously notified by an author and now subject to an exclusive songwriting agreement do not have to be re-notified.
3 The start date of the agreement must be entered on the form. The end date can also be stated or "to be advised" can be inserted ("TBA"). In the event of a dispute arising regarding the end date, all royalties affected will be placed in suspense and held until the dispute is resolved between the parties.
4 The author's signature should accompany the signature of the publisher and the company name. However, in cases where additions to a previously notified exclusive songwriter agreement are being made, no author's signature is required. Please ensure that the assignor's and assignee's CAE numbers are listed on the form.
5 Tick one or other of the boxes, not both, to indicate what the agreement terms are. Manufacture terms apply when the assignee is able to collect royalties on records "manufactured" in the territory, irrespective of the country of sale. Sale terms apply when the assignee is able to collect royalties on records "sold" in the territory irrespective of the country of manufacture.
6 In completing Works Notification of Works Forms, publisher members tick the appropriate box to indicate their preference for a foreign performing right society to collect royalties on their behalf, such as PRS, ASCAP, BMI or SESAC.
Notification of Agreements to be completed by Publishers to Notify Publisher/Publisher Agreements
Types of Agreements
General Catalogue Agreement:
Sub-publishing agreement between an assignor and an assignee which covers all works in the assignor's catalogue. It can exclude individual works specifically assigned prior to the general catalogue agreement which, if known, should be listed.
Part Catalogue Agreement:
Sub-publishing agreement between an assignor and an assignee which covers a recognizable or defined segment of the assignor's catalogue but not all works.
An agreement between an assignor and an assignee whereby the assignee is appointed to administer or manage the assignor's catalogue. (Please note there is no assignation of rights in an administration agreement, and the terms assignor and assignee refer to the parties involved)
a) If the agreement is subject to amendment, tick the appropriate box to indicate the change, such as a new division of royalties, additional parties involved or further catalogue changes.
b) Enter the name and CAE number of the assignor and assignee. In addition, enter the share of royalties payable to the assignee and assignor by the societies.
c) Enter the start and indicate end date or "TBA" (to be advised) of the agreement.
d) Enter the territory covered by the agreement.
e) If all works in the assignor's catalogue are to be assigned the box marked "All works" should be ticked. Where some of the works in the catalogue have been previously assigned, the box marked "All works excluding those on schedule below" should be ticked and the excluded works should be listed. For a part catalogue agreement, the box marked "Only works on attached schedule" should be ticked and all included works should be listed.
f) Tick one or other of the boxes to indicate whether the assignee's overseas sub-publisher is automatically controlled.
Act of Fixation
The attention of members is drawn to the fact that:-
Copyright in an original work does not arise until it is fixed in writing or by some other material form. Writing includes any form of notation, whether by hand or by printing, typewritten or similar process.
If an arrangement of a public domain work has not been written or recorded, no copyright is created. Merely notifying a work to GHAMRO will not bring a copyright of the work into existence. It is important that members ensure that all works registered with GHAMRO are in a material form. This is relevant both in the case of originally created works and in works based upon public domain material.
Cinema Licensing Fees
Film Synchronization Right
Members have assigned their film synchronization right to GHAMRO. This may be released to a member upon written request.