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1 There are two types of forms used to register works, a form for unpublished works and a form to notify author/publisher agreements.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5 All unpublished works which are specially commissioned for a film, television or radio programme or series, or any other audio-visual production should be notified by the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.