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Australasian Performing<br />

Right Association Limited<br />

New Zealand Publication<br />

May 2008<br />

MARSHALL SMITH MAHINARANGI TOCKER S3 MOMENTS IN MUSIC


When we lose dear friends like<br />

Mahinarangi Tocker it makes us<br />

realise how important <strong>music</strong> can be.<br />

Mahinarangi chose <strong>music</strong> as her art<br />

and through <strong>music</strong> she illustrated all<br />

things beautiful and difficult about<br />

living in New Zealand, about being a<br />

woman, about being gay, about<br />

being Maori, (but not all Maori) and<br />

about suffering from mental illness.<br />

Talented, generous people like Mahinarangi are too few and<br />

we all are touched by an enormous sadness without her. We<br />

celebrate her life further in the <strong>APRA</strong>P.<br />

Mahinarangi often embraced te reo in her <strong>music</strong> and we<br />

search for others to continue this legacy in this year’s Maioha<br />

Award at the Silver Scroll Awards in September. Entry forms<br />

are enclosed in this <strong>APRA</strong>P for the Silver Scroll, Maioha and<br />

SOUNZ Contemporary Awards. This has been a huge year<br />

for New Zealand <strong>music</strong> and the Silver Scroll Award in<br />

September will celebrate this. Remember you must enter to<br />

take part.<br />

This month also has seen the amendments to the<br />

Copyright Act finally passed in Parliament. Having been<br />

involved in these copyright law changes we are relatively<br />

happy with the out<strong>com</strong>es. Much media focus has been on<br />

the new format shifting provisions and whilst there is some<br />

benefit to the public, we maintain that some <strong>com</strong>pensation to<br />

rights holders should have ac<strong>com</strong>panied these new<br />

exclusions. We are however happier with the amended ISP<br />

liability provisions. These will be crucial to the future of digital<br />

<strong>music</strong> and we look forward to working closely with the ISPs<br />

as they develop processes for dealing with large scale and<br />

persistent infringers.<br />

Anthony Healey Director of NZ Operations <strong>APRA</strong>|AMCOS<br />

The big issue for songwriters (and<br />

the wider <strong>music</strong> industry, and for<br />

that matter all of the “content”<br />

industries) is the level of<br />

responsibility that ought to be<br />

borne by Internet Service Providers<br />

(ISPs) for illegal <strong>online</strong> content.<br />

At long last, governments<br />

around the world are beginning to<br />

wake up to the fact that ISPs and<br />

telcos have made billions of dollars facilitating the illegal<br />

trade in <strong>music</strong> (and more recently films) while writers,<br />

artists, publishers and distributors watch their industry and<br />

in<strong>com</strong>e sources wither.<br />

There are a number of positive signs in New Zealand,<br />

Australia and internationally: the new Australian Labour<br />

Government has indicated it is prepared to examine the<br />

current British threestrike proposal (resulting in infringing uploaders’<br />

internet connections being cut-off) if warnings are<br />

ignored. ISPs have been successfully sued in a number of<br />

countries, French ISPs and copyright owners have reached<br />

an accord on reasonable disconnection protocols, and<br />

technology which will block subscribers’ access to unlawful<br />

content and re-direct to lawful content is rapidly evolving. All<br />

that is really required to end the culture and era of “free<br />

<strong>music</strong>” is some pro-active goodwill on the part of ISPs,<br />

backed by a workable legislative regime… and it’s <strong>com</strong>ing.<br />

Brett Cottle CEO <strong>APRA</strong>|AMCOS<br />

HAPPY MUSIC MONTH!<br />

www.nz<strong>music</strong>month.co.nz<br />

CONTENTS<br />

Member Profile: Marshall Smith ......................3<br />

<strong>APRA</strong> Silver Scroll ...........................................9<br />

SOUNZ .........................................................13<br />

Member Services ...........................................4<br />

Creative Commons .......................................10<br />

Australian News ............................................14<br />

APR AP MAY 2008<br />

2<br />

Postcards from Afar ........................................6<br />

Arthur Baysting: Folk Music ............................7<br />

Song Summit Sydney .....................................8<br />

Online Music Competitions ...........................10<br />

Where do the $$ <strong>com</strong>e from?.......................12<br />

International Notes ........................................12<br />

Obituary: Mahinarangi Tocker .......................15<br />

Moments in Music ........................................16


MEMBER PROFILE<br />

Marshall Smith<br />

Songwriter, performer and producer of original <strong>music</strong><br />

for recording artists, film, TV, and advertising.<br />

Silver Scroll finalist in 2004 with Grey Boy.<br />

<strong>APRA</strong> member since 2002.<br />

What is it you value most about<br />

<strong>music</strong>?<br />

The sense of freedom and joy that it can<br />

create for its audience and me.<br />

What are you currently working on?<br />

An album my <strong>com</strong>pany (formed with<br />

songwriter/producer Tom Fox) The Sound<br />

Room produced recently for a band we<br />

are in called ‘The New Freedom’ is due<br />

for release in May this year. We are doing<br />

all the fun stuff like creating the first video<br />

for the first single (thanks to NZ On Air!)<br />

and trying to figure out how to release an<br />

actual album in the current <strong>music</strong> climate!<br />

Adee Keil (Nesian Mystik, Adeaze) has<br />

<strong>com</strong>e on board to manage the band<br />

recently also which is terrific.<br />

Composition and production wise<br />

Tom and I are <strong>com</strong>pleting a hip-hop<br />

album with Auckland artist Element,<br />

collaborating on an international soul/<br />

r&b/electronica project Soulkiss;<br />

creating <strong>music</strong> for what I think is our 8th<br />

<strong>online</strong> and mobile phone <strong>com</strong>puter<br />

game in the last 6 months for Palmerston<br />

North gaming <strong>com</strong>pany Pixelthis, foley &<br />

SFX for an animated short film In The<br />

Name of Art written and directed by<br />

Mardo El-Noor; recording vocals for<br />

some of local DJ producer Timmy<br />

Schumacher’s new tracks and<br />

<strong>com</strong>pleting some tracks for local<br />

production <strong>music</strong> publisher Woodcut –<br />

our <strong>com</strong>pany’s 5th publishing deal and<br />

first NZ-based one!<br />

What are you listening to?<br />

Really enjoying The Shins last album,<br />

Mavis Staples newie, KT Tunstall’s<br />

latest is still on heavy rotation, along<br />

with favourite albums of last 6 months<br />

by Razorlight, Missy Higgins and<br />

Suzanne Vega.<br />

What is your favourite film that is<br />

about <strong>music</strong> or is it a <strong>music</strong>al?<br />

I really struggle with <strong>music</strong>als as a<br />

genre – I generally feel a bit queasy<br />

around them! (Although is it ok to admit<br />

to quite enjoying Hairspray?!) There<br />

were some fantastic <strong>music</strong> biopics<br />

lately all great – especially Ray and<br />

Walk The Line but probably the finest<br />

one of the lot was the Standing in the<br />

Shadow of Motown doco film about the<br />

Funk Brothers – absolutely amazing<br />

and inspiring.<br />

What is your favourite book/website<br />

about <strong>music</strong>?<br />

I’m not sure I have a favourite website –<br />

but somewhere between the ever<br />

present youtube and myspace I guess<br />

is where I spend most of my <strong>online</strong><br />

<strong>music</strong> time...<br />

What is the best live performance<br />

you’ve ever been to, whether you<br />

were performing or not?<br />

Peter Gabriel at Glastonbury definitely<br />

stands out.<br />

What is the quickest piece you have<br />

written and which piece took the<br />

longest to write?<br />

The first single from our band The New<br />

Freedom <strong>com</strong>ing out in May called What<br />

I Need flowed magically out of us all<br />

really, it’s very pure, very lyrical and<br />

heartfelt. There are countless unfinished<br />

songs on pads, dictaphones, ipods,<br />

envelopes, napkins, answering<br />

machines, hard drives and various brains<br />

that sit unloved at any given time. By the<br />

band’s second album I’m sure at least 10<br />

of them are bound to be finished!<br />

Who have been your greatest<br />

<strong>music</strong>al influences?<br />

My key influences are artists like Stevie<br />

Wonder, Aretha Franklin, early Prince,<br />

Shawn Colvin, Peter Gabriel, Kate Bush,<br />

Eurythmics... but other influences<br />

change daily!<br />

What is your most marked<br />

characteristic as a songwriter?<br />

I think primarily as a lyricist. I think my<br />

ability to tell a story with lyrics and to<br />

focus on the development of that story<br />

throughout a given song is one my key<br />

strengths.<br />

Who would you most like to<br />

collaborate with and why?<br />

Down the line I would love to collaborate<br />

with a producer/writer called John<br />

Leventhal. He produced and co-wrote<br />

some of my favourite albums with Shawn<br />

Colvin, Joan Osborne and Mark Cohn<br />

amongst others. He has a particular<br />

production style that I love and is a<br />

stunning arranger and guitarist. Anyone<br />

know him?!<br />

What’s your favourite piece (that<br />

you’ve written)?<br />

I think probably the song I’m most<br />

proud of is a song called Lowlands off<br />

our bands up<strong>com</strong>ing album. I wrote it<br />

in the depths of an English winter in<br />

my basement flat in London –<br />

picturing the lowlands being flooded<br />

and the world ending... it’s more<br />

uplifting than it sounds!<br />

What piece written by another writer<br />

do you wish you and written and why?<br />

There are so many! Hell I’d start with<br />

Let’s Stay Together by Al Green and<br />

Andy by Don McGlashan and the<br />

Front Lawn.<br />

What is the quality you most admire<br />

in a <strong>com</strong>poser/songwriter?<br />

Timelessness.<br />

What is the best career advice you<br />

were ever given?<br />

Write what you need to write not what<br />

you think you should write.<br />

If you were not a <strong>com</strong>poser/<br />

songwriter, what might you have<br />

ended up doing?<br />

Hmm probably an architect or a very<br />

uninspired graphic designer? But that’s<br />

all academic now!<br />

Visit Marshall’s production <strong>com</strong>pany at<br />

www.thesoundroom.co.nz ;<br />

his band The New Freedom at<br />

www.thenewfreedom.<strong>com</strong> : debut single<br />

from the up<strong>com</strong>ing album a thousand<br />

nights out this month.<br />

APR AP MAY 2008<br />

3


Petrina George<br />

Manager, Member Services<br />

<strong>APRA</strong>|AMCOS<br />

IT’S AWARD SEASON<br />

APR AP MAY 2008<br />

MEMBER SERVICES<br />

4<br />

FLIGHT OF THE<br />

CONCHORDS<br />

<strong>APRA</strong> extends huge congratulations to<br />

Bret McKenzie and Jemaine Clement for<br />

their success as the aptly named Flight of<br />

the Conchords. Whilst New Zealanders, in<br />

particular Wellingtonians, have been<br />

enjoying the <strong>music</strong> and <strong>com</strong>edic stylings of<br />

this duo for some time now, it is fantastic<br />

to see them embraced by the USA and<br />

2008 Dates To Remember<br />

also the world. They’ve revealing a new<br />

<strong>music</strong>al side to New Zealand’s international<br />

sound and taking on the world in this field.<br />

The feat to have a television series made<br />

and broadcast in the USA is enormous<br />

itself, but to then be successful is the icing<br />

on the cake. Their latest accolade, the<br />

Grammy for Best Comedy Album will be<br />

the first of many acknowledgements for<br />

this talented pair. Bret and Jemaine – long<br />

may you fly!<br />

30 May: Country Music Awards<br />

31 May: S3 Pacific Music Awards<br />

23 June: <strong>APRA</strong> Silver Scroll, Maioha and Sounz Awards’ entries due<br />

31 July: Current year & backdated local Live Performance Returns (paper)<br />

31 July: Local Jingle Reporting Forms (<strong>online</strong>)<br />

31 August: Current year electronic local Live Performance Returns (<strong>online</strong>)<br />

14 October: ASCAP International Awards Programme<br />

Overseas Live Performance Returns (<strong>online</strong>) and Overseas Jingle<br />

Reporting Forms (<strong>online</strong>) have no fixed dates and need to be submitted<br />

immediately after the performances or broadcasts.<br />

Keep up to date via the Important Dates page on www.apra.co.nz<br />

SUPPLIED BY RHYTHMETHOD<br />

If any of your postal, email or bank details change – please tell us<br />

as soon as possible. We need this information to be up to date so we<br />

can contact you and more importantly, pay your royalties. Contact the<br />

Member Services team directly to update these details.<br />

<strong>APRA</strong> SILVER SCROLL AWARDS<br />

We are gearing up for the 2008 <strong>APRA</strong> Silver<br />

Scroll Awards. Check the details on page 9<br />

in this <strong>APRA</strong>P and we have enclosed the<br />

2008 entry form. Entries are due 23 June!<br />

We are maintaining the system<br />

introduced in 2007, where <strong>APRA</strong> members<br />

vote to determine the five finalists and<br />

winner. A judging panel will establish a top<br />

20 from all the entries and members will<br />

vote on these 20 songs. Voting details will<br />

be up on our website in July. Please take<br />

this opportunity to vote and confirm your<br />

favourite songwriters!!<br />

<strong>APRA</strong> SONG AWARDS<br />

As part of our Music Grants program, <strong>APRA</strong><br />

NZ supports and sponsors three song<br />

awards. These are the <strong>APRA</strong> Best Pacific<br />

Song, <strong>APRA</strong> Best Country Music Song and<br />

the <strong>APRA</strong> Children’s Song of the Year that<br />

are presented at the S³ Pacific<br />

Music Awards, the Country<br />

Music Awards and StarFest<br />

respectively.<br />

The S³ Pacific Music<br />

Awards will be held on<br />

Saturday 31 May, at the Telstra<br />

Clear Pacific centre in Manukau City. Check<br />

the awards website: www.<br />

pacific<strong>music</strong>awards.org.nz for the 2008<br />

finalists and further details.<br />

The NZ Country Music Awards are on<br />

Friday 30 May; check www.goldguitars.co.<br />

nz for the list of finalists and<br />

more details about the country<br />

<strong>music</strong> events taking place in<br />

Gore from Monday 26 May to<br />

Sunday 1 June.<br />

The <strong>APRA</strong> Children’s Song<br />

of the Year award is being<br />

introduced this year and will be presented<br />

during KidsFest ’08 at the StarFest variety<br />

show on 18 July in Christchurch. Alongside<br />

this will be the presentation of the What<br />

Now NZ Children’s Video of the Year – with<br />

the winner determined by the viewers of<br />

What Now. Entries for these awards are due<br />

by 26 May. Our website will have further<br />

updates for these<br />

awards, including the<br />

announcement of all<br />

finalists.


PROFESSIONAL<br />

DEVELOPMENT AWARD<br />

CHONG-NEE’S TRIP TO<br />

THE STATES.<br />

I caught up with Huia Hamon from Kog, who<br />

confirmed John Chong-Nee (our 2007<br />

Professional Development Award recipient) will<br />

be heading to the States in June/July to scope<br />

out the American R’n’B scene and showcase<br />

his original Pacific flavour, supported by <strong>APRA</strong>.<br />

John will be joined by Chris Chetland and they<br />

will be meeting with long time friends and expat<br />

Kiwi’s such as Kirk Harding of Universal/<br />

Motown. They have also made major links with<br />

American international artists in L.A. and New<br />

York to shop beats and set up future<br />

collaborations. Huia says that “both Chong-<br />

Nee and Chris are contributing toward a<br />

stronger network for our Pacific flavoured hiphop<br />

and R’n’B as well as establishing new<br />

hook ups through this journey”.<br />

I also talked with John and he confirmed<br />

some of the artists he will be meeting with, who<br />

include Monsta Gunjah, Booyah Tribe, Gangsta<br />

Ridd, Dru Down, Yuck Mouth and K-Ci (from K-<br />

ci and Jojo). John has been in touch with most<br />

of these artists by email, prior to this trip and<br />

says that “cos their work ethics are totally<br />

different, it’s fast, the people I’m dealing with<br />

are always wanting new <strong>music</strong> from me, but it’s<br />

funny when they start saying stuff like, ‘CAN<br />

YOU SEND IT NOW! CAN WE HAVE IT<br />

NOW!!?, HAVE YOU SENT IT YET!!?, WHEN<br />

ARE YOU SENDING IT!??’ its funny because,<br />

we’ll be just talking about songs, and I haven’t<br />

even made the song yet! But I know its gonna<br />

be good, just gonna do my best and give them<br />

my best.” When asked about his expectations<br />

for this trip, John says “no expectations really,<br />

just knowing I’ll be working with these people is<br />

overwhelming, I just hope I do justice…”<br />

We know that John will be fantastic and we<br />

can’t wait to hear the results of his collaborations<br />

with the USA artists. Our next edition of <strong>APRA</strong>P<br />

will include more details from John Chong-Nee<br />

about his USA experience. We will also<br />

announce details later in the year in regards to<br />

the 2009 Professional Development Award.<br />

DIGITAL DOWNLOADS<br />

One of the most frequently asked questions is<br />

“how to I get royalties from digital downloads?”<br />

And the answer is “through <strong>APRA</strong> and<br />

AMCOS”. You need to be a member of both<br />

societies, <strong>APRA</strong> (for the performing right) and<br />

AMCOS (for the mechanical right). In the<br />

majority of cases, the writers say “I am an<br />

<strong>APRA</strong> member but not an AMCOS member”.<br />

If this is the case for you – then you are<br />

missing out on your mechanical royalties,<br />

which are the more significant earnings from<br />

this type of use. Basically, you need to be an<br />

AMCOS member to receive these royalties.<br />

This is because the digital service providers,<br />

due to the volume of <strong>music</strong> involved, have<br />

decided not to directly pay individual<br />

songwriters and <strong>com</strong>posers the mechanical<br />

royalties and are paying the earnings direct to<br />

AMCOS for them to allocate.<br />

How do you join? Simply contact the <strong>APRA</strong><br />

office and ask for an AMCOS application pack<br />

and <strong>com</strong>plete the application form. AMCOS<br />

membership is flexible and you specify the<br />

areas of in<strong>com</strong>e that you want AMCOS to<br />

administer for you – which will reflect how your<br />

<strong>music</strong> is being reproduced (recordings,<br />

ringtones, downloads etc). Where possible, we<br />

would also suggest <strong>com</strong>ing to our office to<br />

<strong>com</strong>plete your AMCOS membership<br />

application and to discuss your options in<br />

person. Please contact me in regards to any<br />

AMCOS membership queries.<br />

USE OF YOUR SONGS IN<br />

FILM & TELEVISION<br />

Have you been approached recently to place<br />

your song in a film or in a television episode?<br />

What terms did you negotiate? Did you sign a<br />

synchronisation agreement? For this type of<br />

use, we strongly re<strong>com</strong>mend having a written<br />

agreement in place and this would be referred<br />

to as a synchronisation agreement.<br />

Here are the key details that you should<br />

include in your agreement:<br />

• the production title<br />

• the title of the <strong>music</strong>al work and the names<br />

of the copyright owners (plus confirmation<br />

that these details are within the<br />

productions credits)<br />

• the type of use: background, featured or<br />

theme <strong>music</strong><br />

• type of media involved (TV, film, DVD etc)<br />

• details of the usage: duration, how the work<br />

is used within the production<br />

• the term of use, including <strong>com</strong>mencement date<br />

• the territory involved<br />

• the fee paid for this use<br />

Contact me for a sample synchronisation<br />

agreement or to discuss the use of your <strong>music</strong><br />

in film or television productions.<br />

Have Your Say…<br />

We will be contacting you soon<br />

about a member survey in regards<br />

to our services. We conduct<br />

these surveys with the aim of<br />

obtaining information to assess<br />

our existing services and to plan<br />

new services for the future. We<br />

work for you, so please take the<br />

time to return the survey and<br />

have your say about the services<br />

we provide.<br />

ELECTRONIC ROYALTIES<br />

<strong>APRA</strong> will cease making royalty payments by<br />

cheque from 1 January 2009, to streamline the<br />

royalty payment process and reduce costs. We<br />

are therefore encouraging our members to<br />

utilise the electronic payment option for royalty<br />

payments now. The electronic deposits are<br />

made directly to your nominated bank account,<br />

making the payments safe and secure. You will<br />

have immediate access to your earnings and<br />

within each distribution you are the first<br />

members to be paid.<br />

To take up this payment option – please<br />

provide your banking details to the Member<br />

Services team directly, or <strong>com</strong>plete and return<br />

the Electronic Banking Form available on<br />

our website.<br />

Further to this work to limit expenses, the<br />

decision was made to provide all royalty<br />

statements electronically. This means your<br />

statement and remittance advice are provided<br />

<strong>online</strong>, accessed through our Members Login<br />

Facility on our website. Please note both<br />

documents will remain <strong>online</strong> for future access<br />

for your records or for tax purposes. If you<br />

require paper copies it is a simple matter of<br />

printing from the website.<br />

NZ MEMBER<br />

SERVICES<br />

EMAIL: nz@apra.<strong>com</strong>.au<br />

pgeorge@apra.<strong>com</strong>.au<br />

FREEPHONE: 0800 69 2772<br />

WEB: www.apra.co.nz<br />

APR AP MAY 2008<br />

5


As sent to Member Services<br />

KIA ORA! I arrived in the UK in 2006, and headed over to Spain and Italy,<br />

took my time travelling around and soaking up the atmosphere. I returned<br />

to London and started working at a casting agency (I worked on Sweeny Todd,<br />

The Other Boleyn Girl, Run Fat Boy Run and 28 Weeks Later – you can briefly<br />

see me on screen as an ‘infected’ in 28 Weeks). Now I’m back in <strong>music</strong>,<br />

working for a <strong>music</strong> <strong>com</strong>position house as their Head of Production, and I’ve<br />

joined the cast of the Rogers and Hammerstein <strong>music</strong>al “Cinderella”. London<br />

is fantastic, I’ve met Maxi Priest and Annie Lennox, and Mick Jagger does<br />

his album pre-production at my work. There are amazing gigs and theatre,<br />

but to be totally honest, of the four most memorable gigs I’ve been to in<br />

London so far, two were Kiwis, Dave Dobbyn and Crowded House. I want to say<br />

hi to all the lovely peeps at <strong>APRA</strong>|AMCOS – dealing with PRS/MCPS in the UK<br />

has given me a whole new appreciation for you! I have been a little homesick<br />

this winter, but looking forward to my brother James’ visit in May with his<br />

band Collapsing Cities.<br />

Keep making <strong>music</strong> NZ, you sound like home, which is like no place else<br />

on earth.<br />

Renee Brennan<br />

We Sneaks have just had our first English winter,<br />

bloody awful season frankly, and I’m glad it’s almost<br />

over. Show attendance is small, you can see your<br />

breath inside, and English standoffishness as well<br />

as the cold make London winter especially crap. Fun,<br />

fun, fun! We played some cool shows through January<br />

though, and recorded a 3 song demo/single at Wall<br />

Of Shit Studios in February. Then after growing<br />

a moustache, I decided I’d had enough of the cold<br />

and jumped ship to join The Ruby Suns on their US<br />

tour. Texas first, SXSW and much needed sunshine,<br />

and then up the east coast supporting a band from<br />

Washington DC, Le Loup. Good news is so far our RV<br />

hasn’t shown any signs of catching fire, shows with<br />

17 people at them have been offset by shows with 700<br />

people at them, and all the crowds have been really<br />

responsive to the band. Nothing like a good Pitchfork<br />

review then! Heading back to London in a month for<br />

more Sneaks shows and to join up with James Milne’s<br />

Lawrence Arabia band – I’m really looking forward<br />

to playing his awesome songs – and also to eat more<br />

Halal Fried Chicken and experience the inevitable<br />

next day guilt about it. Tour rules actually, we’ve<br />

had some pretty sweet times.<br />

xxJames Dansey<br />

APR AP MAY 2008<br />

6<br />

Kia ora koutou, I am<br />

writing this from<br />

London where I am<br />

‘Musician in residence’<br />

at the Centre for New<br />

Zealand Studies at the<br />

University of London. On<br />

my first night in London<br />

I met up with kiwi<br />

jazz keyboard player<br />

Duncan Haynes to rehearse for our gig the<br />

night after. Duncan is my main ac<strong>com</strong>panist,<br />

along with Alisa Smith and Serenity Thurlow<br />

who flew in from Germany and Austria to be a<br />

part of my band (poi and viola). Our first gig<br />

was lots of fun, up at the Penthouse of New<br />

Zealand House, as a guest of the New Zealand<br />

Society. I am really amazed and grateful for<br />

the support from other NZ’ers here. Kiwis here<br />

are just awesome! I also met up with a kiwi<br />

<strong>music</strong> industry consultant, who has pointed me<br />

in the direction of loads of people. I also<br />

hope that this residency can help to create<br />

more awareness of Te Reo Maori and bilingual<br />

world <strong>music</strong> in the UK, and create further<br />

opportunities for other artists in the future.<br />

Thanks so much to Te Waka Toi/Creative NZ for<br />

this amazing experience and to Leyton for<br />

sharing his creative talents on Tuia. I will<br />

be back in time for NZ Music Month to release<br />

my new <strong>music</strong> video by Louise Potiki Bryant...<br />

Na, Ariana Tikao.


Arthur Baysting<br />

<strong>APRA</strong> Director<br />

There are a very few great philosophical<br />

puzzles. One might be, for instance,<br />

what is the exact nature of the universe?<br />

Another would be: Can we save the<br />

planet from climate catastrophe? And<br />

then perhaps the most perplexing of all:<br />

What Is Folk Music?<br />

Candles burn down and hard drives<br />

burn out; but still the definitions and<br />

justifications fly. Wikipedia has a lengthy<br />

explanation of the whole mess, including<br />

“Further Reading” (section twelve) which<br />

delves into genres<br />

like psychfolk and<br />

folktronica.<br />

A look at recent<br />

finalists in the Folk<br />

Album of the Year<br />

award demonstrate<br />

the range of <strong>music</strong> –<br />

everything from NZ bush ballads, Irish,<br />

country blues, Maori, Scottish, singersongwriters,<br />

and Celtic.<br />

But, as Dunedin folkie Mike Moroney<br />

says: “if you’re arguing about what folk is,<br />

you’re not getting on with it really.” And<br />

lately, a lot of Kiwi <strong>music</strong>ians are getting<br />

on with it. Mike’s website www.kiwifolk.<br />

<strong>com</strong> lists over sixty clubs and venues<br />

throughout the country and has links to<br />

scores of performers. Everyone I spoke to<br />

in the folk world agreed on one thing; folk<br />

is back.<br />

Mike thinks he knows why. “The big<br />

thing is the emergence<br />

of the alternative <strong>music</strong><br />

scene. These <strong>music</strong>ians<br />

mightn’t even call<br />

themselves ‘folk’ but<br />

they play acoustic<br />

instruments and they<br />

want to play their songs<br />

in front of an audience.<br />

Thanks to open mic<br />

nights they’ve got a<br />

forum in the folk world.”<br />

Mike also believes<br />

that the clubs are good for the young<br />

singer-songwriters. “In bars often nobody<br />

listens, or they have to play loud to be<br />

heard over the punters. In a club<br />

everyone’s focussed on the performance.<br />

Suddenly they have to engage with the<br />

audience; it encourages them to develop<br />

performing skills.”<br />

Since 1970 Roger Giles has run<br />

Auckland’s Bunker, home to the<br />

Devonport Folk Music Club. These days<br />

he says, folk nights are generally standing<br />

room only and the same is true of other<br />

Auckland venues like Chris Priestley’s 121<br />

in Ponsonby Road<br />

(ex-Atomic Café).<br />

Festival<br />

attendances also<br />

show the new<br />

popularity. Dave<br />

Barnes, manager of<br />

the Wellington Folk<br />

Festival, is excited<br />

about the new young<br />

audience: “There’s a<br />

missed generation at<br />

our festivals,” he<br />

explains. “Very few<br />

30s to 45s, but<br />

because of the young<br />

ones, our overall<br />

audiences are bigger<br />

than ever.”<br />

Where exactly<br />

does NZ folk <strong>music</strong> <strong>com</strong>e from? The short<br />

answer, following a troll thru’ various<br />

websites, seems to be anywhere and<br />

everywhere. Lists of “Top NZ folk songs”<br />

include I’ve been Everywhere and The<br />

Gumboot Song, neither of which started<br />

here. Nor did that other<br />

iconic number Ten<br />

Guitars, although it’s<br />

virtually unheard of<br />

anywhere else in the<br />

world.<br />

Yet another consistent<br />

listing is definitely<br />

indigenous: the Chesdale<br />

Cheese song. This<br />

<strong>music</strong>al icon started life<br />

as a TV jingle and has<br />

had several<br />

reincarnations including as a children’s<br />

playground rhyme, as collected by Janice<br />

Ackerley: Chesdale slices thickly/Always<br />

crumbles, has no taste/And shit is it a<br />

bloody waste!/Chesdale Cheese/The<br />

Poms all buy it – don’t try it.<br />

Traditional New Zealand <strong>music</strong> has<br />

many champions including Phil Garland,<br />

whose mission for over 30 years has been<br />

to gather and preserve for posterity the<br />

stories and songs of New Zealand.<br />

Phil won the inaugural 1984 Folk Album<br />

of the Year with Springtime in the<br />

Mountains and won it again last year with<br />

Southern Odyssey. Phil says he’s busier<br />

than ever, playing festivals, releasing<br />

albums and writing. Following on from his<br />

successful Singing Kiwi songbook, his<br />

Faces in the Firelight – a look at New<br />

Zealand history through Kiwi folklore,<br />

song, poetry and yarns, will soon be in the<br />

bookshops.<br />

Where the <strong>music</strong> <strong>com</strong>es from is not an<br />

issue with young bands like Forbidden<br />

Joe, a trio made up of Frances Dickinson,<br />

Alex Bowrick and Emily Giles, who are<br />

honing their songwriting skills while<br />

gaining a strong reputation with traditional<br />

tunes www.myspace.<strong>com</strong>/forbiddenjoe.<br />

Frances, described by bFM as “a<br />

forth<strong>com</strong>ing folk superstar” is a folk<br />

activist as well as a fine <strong>music</strong>ian. She<br />

talks about the international heavyweights<br />

who regularly tour through New Zealand<br />

and the considerable number of Kiwi<br />

<strong>music</strong>ians playing in groups overseas.<br />

For Frances there’s no question about<br />

where Folk is heading. It’s even written on<br />

her business card; Folk is the New Black.<br />

APR AP MAY 2008<br />

7


Bionic Pixie – Zoe Fleury with<br />

Justyn Pilbrow at the <strong>APRA</strong> NZ<br />

Showcase<br />

APR AP MAY 2008<br />

8<br />

Our Australian colleagues took on a huge new<br />

venture this year, S3: Song Summit Sydney. The<br />

event <strong>com</strong>bined conference sessions, workshops,<br />

retail exhibition and live showcases. In lieu of <strong>APRA</strong><br />

NZ’s Professional Development Award, we<br />

allocated funds towards helping NZ <strong>APRA</strong><br />

members attend and take part in S3. Following over<br />

80 applications from interested members, the 7<br />

members selected were, Mark Vanilau, Zoe Fleury,<br />

Jody Lloyd, Chanelle Davis, Ross McNab, Anika Moa<br />

and Tama Waipara.<br />

<strong>APRA</strong> NZ also hosted a live <strong>music</strong> showcase,<br />

with Mark Vanilau, Chanelle Davis, Zoe Fleury<br />

(Bionic Pixie) and Anika Moa performing and<br />

representing New Zealand.<br />

Staged for the first time, Song Summit Sydney<br />

(S3) was the brainchild of <strong>APRA</strong>|AMCOS and<br />

aimed to provide its 900 registered attendees<br />

with crucial networking, educational, retail and<br />

cultural opportunities. Spanning all genres of<br />

<strong>music</strong> and each facet of the <strong>music</strong> life cycle, the<br />

breadth of the program was a resounding success<br />

for S3 participants.<br />

In a never before gathering of heavyweights<br />

covering the full spectrum of the <strong>music</strong> industry –<br />

creators, managers, publishers, technicians,<br />

marketers, lawyers and dealmakers, S3 featured<br />

an impressive line-up of international <strong>music</strong><br />

industry professionals.<br />

Inspiration seems to be a <strong>com</strong>mon theme. This<br />

from Ross McNab, writer and producer at<br />

Sweetway Studios: “What a wonderful initiative by<br />

<strong>APRA</strong>|AMCOS. I’d like to thank the <strong>APRA</strong> staff and<br />

execs on both sides of the Tasman for looking after<br />

us so well in Sydney.<br />

The whole S3 Summit experience was one to<br />

remember. I was able to meet Paul Williams, Jimmy<br />

Webb, Rod McCormack, Garth Porter and Ralph<br />

Murphy for a few moments and was the highlight for<br />

me to hear these guys speak and talk about the craft<br />

and business of songwriting. I also learned a lot from<br />

the very entertaining <strong>music</strong> manager and producer<br />

Kenny MacPherson. I enjoyed hanging out with my<br />

fellow attendees from NZ too. What an easy going<br />

and talented bunch!<br />

Thanks <strong>APRA</strong>. Well done on this first event of<br />

many I suspect. The cliche and truism ‘First the song’<br />

has never meant more.”<br />

The final word goes to legendary <strong>com</strong>poser<br />

Jimmy Webb, “It takes a special kind of courage to be<br />

a songwriter. It’s not for everybody”.<br />

For more information on the S3 event & a gallery<br />

of images please go to:<br />

www.songsummit.<strong>com</strong>.au<br />

Make sure Song Summit Sydney 2009 is on<br />

your professional development calendar!<br />

Kenny MacPherson President of Chrysalis Music, Keith Welsh Rough Cut Music,<br />

Andrew Jenkins Vice President Universal Music Publishing with moderator Sally<br />

Howland at the Signed Sealed Delivered I’m Yours panel session<br />

Tama, Rita, Zoe & Jody<br />

“I liked the fact that we didn’t have to prove anything<br />

to anyone. The reason we were all there was proof we<br />

were already at a certain level of songwriting. For me it<br />

wasn’t about trying to boost or launch a career, it was<br />

about interacting with genuine people with an<br />

understanding that even though we are all unique, our<br />

approach to songwriting and what it means to us, is<br />

very similar. In that, it’s not about trying to make a<br />

million bucks. It’s an outlet of expression, and a craft<br />

which can never be perfected yet we keep on trying.”<br />

Jody Lloyd<br />

Rai Thistlethwayte from Thirsty Merc during a<br />

Youth Music Clinic<br />

Jimmy Webb<br />

James Mercer (The Shins),<br />

Zan Rowe (Triple J)<br />

and Sandy Thom at the<br />

Opening Night Event<br />

Chanelle at the <strong>APRA</strong> NZ Showcase<br />

Anika Moa at the <strong>APRA</strong> NZ Showcase


Scot Morris leading the World Is An Amazing Place panel, featuring<br />

representatives from CISAC, ASCAP, Universal Music Publishing,<br />

SWAT Enterprises, BMI & the MCPS-PRS Alliance<br />

Mark at the <strong>APRA</strong> NZ Showcase<br />

Entries have been called for the 2008 Silver Scroll Awards. Recognising creative<br />

excellence in popular <strong>music</strong>, contemporary Maori <strong>music</strong> and contemporary<br />

Classical <strong>music</strong>, <strong>APRA</strong> Members can now enter their work(s) for:<br />

• <strong>APRA</strong> Silver Scroll Award<br />

• <strong>APRA</strong> Maioha Award<br />

• SOUNZ Contemporary Award<br />

The rules of entry, including the prize money details can be found at www.<br />

apra.co.nz – you’ll find the <strong>com</strong>bined award entry form within this <strong>APRA</strong>P, or<br />

downloadable anytime from the Silver Scroll section of the <strong>APRA</strong> website.<br />

“S3 was brilliant! I gained invaluable global<br />

perspective and insight into today’s songwriting<br />

industry. It’s not such a mystery anymore –<br />

I know where I’m going and how to get there.<br />

Anyone who is serious about songwriting should<br />

go to S3 next time – you can’t learn this stuff<br />

from a book!” Chanelle Davis<br />

Mika, Arthur, Abbie, Trilby,<br />

Ross, Chanelle, Daniel, Justyn,<br />

Rita, Tama, Mark & John<br />

Entries must be received by 5pm, Monday 23 June.<br />

Be a part of New Zealand <strong>music</strong> history. The <strong>APRA</strong> Silver Scroll is the most<br />

prestigious songwriting award in the country and only <strong>APRA</strong> members have<br />

the power to decide who wins. As the only peer voted <strong>music</strong> award in New<br />

Zealand, this award is no popularity contest or industry <strong>com</strong>petition.<br />

As the 2007 Silver Scroll winner, Brooke Fraser says: “It is humbling to<br />

accept an award from my songwriting peers”.<br />

<strong>APRA</strong> Members: you are the songwriting experts and it’s almost<br />

time to elect your 2008 songwriting champion. Your vote will make a<br />

difference so be sure to have your say!<br />

Voting opens via www.apra.co.nz in mid-July for three weeks*,<br />

you will be notified via email – please contact the Member Services<br />

team if you would like to receive a paper ballot.<br />

Ross, Tama, Petrina, Mark<br />

By voting, you will also be in the running to WIN a Deluxe Silver Scroll<br />

evening: flights for two to Auckland, two seats at a prime table for the Silver<br />

Scroll Awards and a Five-Star Fling package thanks to The Langham<br />

Auckland, which includes luxury ac<strong>com</strong>modation, bubbles on arrival,<br />

breakfast for two and a late check out the next day!<br />

To read more about the Five-Star Fling and other fabulous Langham Auckland<br />

packages visit http://auckland.langhamhotels.co.nz. For any ac<strong>com</strong>modation<br />

enquires contact Steven Bayliss – steven.bayliss@langhamhotels.<strong>com</strong>.<br />

PHOTOS: <strong>APRA</strong>|AMCOS, ABBIE RUTLEDGE,<br />

PETRINA GEORGE, RITA LUCK & ROSS MCNAB<br />

*Voting closes Friday 1 August. Finalists announced by Monday 18 August. The winner<br />

will be announced at the <strong>APRA</strong> Silver Scroll Awards, at the Auckland Town Hall on<br />

Wednesday September 10, 2008.<br />

APR AP MAY 2008<br />

9


CREATIVE COMMONS<br />

Scot Morris, Director International Relations, <strong>APRA</strong>|AMCOS & Kirti Jacobs, Communications, <strong>APRA</strong>|AMCOS<br />

Surely, no-one in the world has felt the<br />

impact of the internet more than<br />

songwriters. From creation and<br />

distribution, to connection with fans –<br />

there’s been a fast and furious explosion<br />

of opportunity and risk which has worked<br />

for some (think The Arctic Monkeys, Sick<br />

Puppies, Radiohead, The Grateful Dead),<br />

burned others and left many more<br />

wondering in its wake.<br />

Collecting societies the world over, like<br />

<strong>APRA</strong>|AMCOS, have been dealing with the<br />

issues of <strong>online</strong> <strong>music</strong> use since the early<br />

days. Keen to assert the right of their <strong>music</strong><br />

creator members to be paid for the use of their<br />

works in emerging digital media, they’ve<br />

focused on developing and implementing new<br />

digital licences that enable <strong>music</strong> use <strong>online</strong>,<br />

track and monitor that use, secure payment<br />

and seek to protect the integrity of the works.<br />

Creative Commons stepped into this space a<br />

few years ago, claiming to offer an “alternative”<br />

way of licensing.<br />

In this article we explore some of the<br />

differences between the notion of licensing by<br />

collecting societies like <strong>APRA</strong>|AMCOS and<br />

those offered by Creative Commons – and what<br />

these differences mean for <strong>music</strong> creators.<br />

Some background on Creative Commons<br />

The Creative Commons (CC) movement began<br />

a few years ago in the US when Stanford<br />

University Constitutional Law Professor,<br />

Laurence Lessig, acted in a case challenging<br />

the US provisions extending the duration of<br />

copyright.<br />

In defeat, he developed a set of standard<br />

<strong>online</strong> “licences” that encouraged creators to<br />

give away certain copyright rights to the world<br />

at large. These “licences” were based on<br />

principles of “open software licensing”, but<br />

they applied to other materials such as <strong>music</strong>,<br />

art and film. Academics in other jurisdictions<br />

have sought to adapt these licences to local<br />

laws and conditions – this is known as the<br />

iCommons project.<br />

Is CC an alternative to copyright?<br />

No – nor is the movement in favour of<br />

abolishing copyright. It claims to be an<br />

alternative way of “licensing” the copyright in<br />

creative works. However it is not the kind of<br />

licensing service typically offered by <strong>APRA</strong>,<br />

where a copyright owner is able to monitor<br />

use, negotiate payment and conditions for use.<br />

Under a CC Licence, creators give up<br />

certain aspects of their hard-won exclusive<br />

rights for free, forever.<br />

Under copyright law, it is generally the<br />

creator’s right to decide if, how and when their<br />

works may be copied, adapted, distributed,<br />

performed, broadcast or made available to the<br />

public. The creator is also entitled to negotiate<br />

a payment for this use. Copyright recognises<br />

that there is a <strong>com</strong>mercial value to creative<br />

works and grants the creator the exclusive<br />

right to exploit those works and share in the<br />

profits third parties make from the works.<br />

Creators, who apply a CC “licence” to their<br />

work, give up control over some of these rights<br />

and offer all people free and legal access to<br />

their works so they can be used for “non<strong>com</strong>mercial”<br />

and sometimes “<strong>com</strong>mercial”<br />

purposes. These terms are not defined in the<br />

“licences” and are at the crux of the difficulties<br />

and confusion created in the market place by<br />

CC “licences”.<br />

Once a CC “licence” is applied to your work,<br />

it cannot be revoked. CC does not monitor or<br />

control how your works may be used, adapted,<br />

distributed, copied or performed.<br />

How does a Creative Commons<br />

Licence work?<br />

Individual creators can attach one of various<br />

types of CC “licence” to their work – licences<br />

are downloaded from the CC website. It is<br />

estimated there are currently over 200 different<br />

versions of CC licences in circulation around<br />

the world. The majority of <strong>music</strong>ians who use<br />

CC licences seek to retain their “<strong>com</strong>mercial<br />

rights”. However, while there are CC licences<br />

purporting to reserve <strong>com</strong>mercial rights, CC<br />

doesn’t assist with this nor explains how such<br />

rights can be administered in practice.<br />

Can I use both <strong>APRA</strong> and CC licences?<br />

You may not be able to apply a CC licence to<br />

your work if you have a pre-existing agreement<br />

with a <strong>music</strong> publisher or a collecting society.<br />

THE POSSIBLE PERILS OF ONLINE<br />

Richard Mallett, Director Recordings & Online, <strong>APRA</strong>|AMCOS<br />

APR AP MAY 2008<br />

10<br />

It won’t be news to anyone<br />

reading this article that the<br />

internet has opened up the<br />

number of opportunities available<br />

to songwriters for the dissemination<br />

of <strong>music</strong>. However,<br />

what appears to be news is the<br />

number of marketing and other<br />

<strong>com</strong>panies who have cottoned<br />

onto this concept and are<br />

entering this space to ‘help’ to<br />

promote artists.<br />

Submitting your song to a<br />

<strong>com</strong>petition may get your <strong>music</strong><br />

heard by a wider audience or it may<br />

not, but it is very important that you<br />

read the terms and conditions that<br />

you are asked to sign. You need to<br />

make sure you are not giving away<br />

rights that you have already<br />

assigned, or that you don’t want to<br />

give away. Just as you would seek<br />

legal advice when signing a<br />

recording or publishing contract – it<br />

may pay you to do the same before<br />

signing or agreeing to the terms<br />

and conditions for an <strong>online</strong> <strong>music</strong><br />

<strong>com</strong>petition.<br />

<strong>APRA</strong> isn’t against such<br />

<strong>com</strong>petitions; we see that they<br />

may present benefits. Indeed we<br />

are currently in discussions with a<br />

number of parties regarding the<br />

appropriate wording for their<br />

contracts and to allow <strong>APRA</strong><br />

members, who want to submit<br />

works to a <strong>com</strong>petition, to be able<br />

to do so without breaching their<br />

pre-assigned <strong>APRA</strong> rights. Ideally<br />

it would be great to have the<br />

operators <strong>com</strong>e to us first, so we<br />

can work with them prior to<br />

launch.<br />

In the meantime, here are a few<br />

things to look out for.


For example, <strong>APRA</strong> members generally<br />

cannot apply CC licenses to their works<br />

because when they be<strong>com</strong>e members of<br />

<strong>APRA</strong>, they assign all the performing and<br />

<strong>com</strong>munication rights in their <strong>music</strong>al works<br />

to <strong>APRA</strong>. This is the case for nearly all<br />

collecting societies around the world.<br />

However, <strong>APRA</strong> has long recognised the<br />

need for members to have flexibility and<br />

choice when it <strong>com</strong>es to the licensing of<br />

their works. To that end, we have for some<br />

time now, offered members the choice of<br />

flexible licence back and opt-out<br />

arrangements that enable members to selflicence<br />

certain works if that better suits<br />

their needs.<br />

In particular they can licence the use of<br />

their own works on their websites. The<br />

international collecting society <strong>com</strong>munity,<br />

through CISAC, is in discussions with CC to<br />

see whether CC licences can be made<br />

<strong>com</strong>patible with society membership. Some<br />

societies have initiated trials to this effect.<br />

<strong>APRA</strong> is also looking at ways we can<br />

review our opt-out and licence back to<br />

ac<strong>com</strong>modate some of our members<br />

desires to engage in open licensing for non<strong>com</strong>mercial<br />

purposes, without undermining<br />

the collective. Stay tuned for updates.<br />

CREATIVE COMMONS<br />

You sign away rights in that work,<br />

forever, for the whole world, for free.<br />

You cannot later change your mind.<br />

CC does not negotiate payment for<br />

the use of your work – it is up to you<br />

to contact individual users across the<br />

world to negotiate and secure payment.<br />

It is up to you to monitor and enforce the<br />

use of your work. If someone uses your<br />

work in a way that is not authorised by<br />

the Creative Commons Licence, you will<br />

have to contact the person responsible<br />

or seek legal help to enforce the terms<br />

of the licence. This can be difficult in<br />

practice, especially <strong>online</strong> and overseas.<br />

May limit your chance of securing a<br />

<strong>com</strong>mercial deal for that work – if it is<br />

available for free already, <strong>com</strong>mercial<br />

<strong>music</strong> users may be reluctant to pay for<br />

the right to use it.<br />

<strong>APRA</strong>|AMCOS<br />

You assign all the performing and<br />

<strong>com</strong>munication rights in your <strong>music</strong>al<br />

works to <strong>APRA</strong>, who then negotiates<br />

licences for the use of your <strong>music</strong> on<br />

your behalf. This is the case for nearly all<br />

collecting societies around the world.<br />

<strong>APRA</strong> members can change their minds.<br />

Ask about our opt-out and licence-back<br />

schemes.<br />

<strong>APRA</strong> negotiates with users on your<br />

behalf and collects royalties for the use<br />

of your work. These royalties, less our<br />

administration expenses are distributed<br />

back to our members.<br />

<strong>APRA</strong> takes on responsibility for<br />

monitoring and enforcing the use of your<br />

work. The assignment of rights enables<br />

us to take legal action on your behalf<br />

against users making money out of your<br />

work without a proper license.<br />

<strong>APRA</strong> represents over 50,000<br />

Australasian songwriters, <strong>com</strong>posers<br />

and <strong>music</strong> publishers and, through<br />

our agreements with similar societies<br />

overseas, the vast majority of <strong>music</strong><br />

creators worldwide. This means we can<br />

promote the repertoire of our members<br />

with confidence and negotiate the best<br />

possible rates with <strong>music</strong> users.<br />

When considering any licensing scheme, it’s very important to make<br />

sure you get informed, independent legal advice.<br />

MUSIC COMPETITIONS<br />

Waiving all payments<br />

In general, these <strong>com</strong>petitions will<br />

generate advertising or other<br />

revenue for the operator either<br />

directly from the use of your <strong>music</strong>,<br />

or indirectly through association<br />

and trade. It follows that a proper<br />

value should be ascribed to the<br />

exercise of your <strong>music</strong>.<br />

Granting worldwide licences<br />

The terms of any grant (including<br />

any purported assignment of<br />

copyright) must be subject to any<br />

prior rights assigned to <strong>APRA</strong> (and<br />

your publisher, if relevant). Also<br />

you should beware about clauses<br />

that assign your rights outright to<br />

the <strong>com</strong>petition.<br />

Use outside the <strong>com</strong>petition<br />

& sub-licences<br />

Watch out for terms that appear to<br />

allow the operator of the<br />

<strong>com</strong>petition to sub-licence songs<br />

to other websites without payment<br />

back to the songwriter. We have<br />

seen a local <strong>com</strong>petition whose<br />

terms and conditions would permit<br />

them to authorise the broadcast of<br />

the song on radio and television<br />

and release it on CD – all without<br />

any payment of royalties to you,<br />

the <strong>com</strong>poser of the work.<br />

Third parties<br />

Be careful about clauses that allow<br />

the person running the <strong>com</strong>petition<br />

to assign the rights you have given<br />

them to third parties. This is a sure<br />

fire recipe for disaster as the potential<br />

is there for you to lose <strong>com</strong>plete<br />

control over the use of your work. If it<br />

turns up in an advertisement for dog<br />

food, there may be very little you can<br />

do about it.<br />

APR AP MAY 2008<br />

11


Greer Donovan<br />

Manager, Licensing Services<br />

<strong>APRA</strong>|AMCOS<br />

Scot Morris<br />

Director International Relations<br />

<strong>APRA</strong>|AMCOS<br />

APR AP MAY 2008<br />

12<br />

Percentage of Licensing Revenue<br />

for Each Sector<br />

50% Background Music Licences – bars,<br />

cafes, bookstores, churches, fitness<br />

centres, restaurants and live licences<br />

30% Ticketed events – concerts, festivals,<br />

club nights etc<br />

15% Cinemas – for the use of <strong>music</strong> in film<br />

5% Dramatic Context – <strong>music</strong> used in plays<br />

/ theatrical performances<br />

WHERE DO THE<br />

$$ COME FROM?<br />

Royalty payments to <strong>APRA</strong> members and overseas<br />

affiliates are generated from many different licence<br />

types – if a business uses <strong>music</strong> for their clientele then<br />

you are entitled to be paid for that use of your work…<br />

this is where <strong>APRA</strong> work with the business to obtain the<br />

relevant licence applicable to their <strong>music</strong> usage. Instead<br />

of you having to liaise with each business we do the<br />

work on your behalf.<br />

Every business that uses <strong>music</strong>, for example your local café,<br />

magazine shop, petrol station, clothes store, or library, is<br />

required to obtain an <strong>APRA</strong> licence. These licenses can be as<br />

little as $96 (including GST) per year for a café. Retail store’s<br />

licence fees are based on the size of the outlet (m2) and also<br />

by the device by which the <strong>music</strong> is <strong>com</strong>municated.<br />

Hospitality businesses in most instances will have a<br />

background <strong>music</strong> licence and perhaps a live <strong>music</strong> licence for<br />

live performances at their venue. The live <strong>music</strong> licence fees<br />

make up the live performance return pool. To collect on this<br />

money you must do your Live Performance Returns – we don’t<br />

know where and what you’ve played unless you tell us.<br />

Fitness Centres require <strong>APRA</strong> licenses for background<br />

<strong>music</strong> in their centre and if applicable a fitness class licence for<br />

the <strong>music</strong> used in aerobics and fitness classes.<br />

All concerts, events and festivals are required to have an<br />

<strong>APRA</strong> licence. For ticketed events the licence fee is based on<br />

the gross sums paid for admission. The licence fee is<br />

distributed to the <strong>com</strong>posers of the works performed – this is<br />

why we ask you to submit setlists. Even if there isn’t a ticket<br />

charge the Promoter is still required to have an <strong>APRA</strong> licence<br />

and this licence fee is based on gross<br />

sums paid to the performers.<br />

So, the next time you are in your<br />

favourite shop or café, look out for<br />

their <strong>APRA</strong> sticker (pictured here) or<br />

ask the proprietor if they have their<br />

<strong>APRA</strong> licence up to date – if they<br />

have: thank them!<br />

INTERNATIONAL<br />

NOTES<br />

TOURED OVERSEAS?<br />

LET US KNOW<br />

It’s really important that you let <strong>APRA</strong> know about<br />

your overseas tours. You are probably aware that<br />

you can do this quickly and easily using our <strong>online</strong><br />

Overseas Live Performance Return within the<br />

Member Forms section of www.apra.co.nz.<br />

The rules regarding what information is submitted and<br />

the rules for analysis for distribution purposes differ from<br />

country to country; and may change from time to time. For<br />

example, if you are touring in Ireland, you will need to<br />

submit a representative set list covering 16 gigs in the<br />

country. For the UK, you must ensure you include the<br />

postcode of the venues in the UK (including Northern<br />

Ireland). In the US, performing rights organisations will<br />

usually only distribute on the top 200 grossing tours<br />

(according to Pollstar magazine) in that country.<br />

Please note it may be possible to make a claim through<br />

the ASCAP international awards scheme for your US tour in<br />

certain circumstances. The ASCAP award application<br />

forms are also available within the Member Forms section<br />

of www.apra.co.nz.<br />

In many developing countries and in certain regions<br />

such as Asia, copyright law and practice may not yet be<br />

well established. We monitor the rules and processes<br />

around the world and any changes to them. So, if you have<br />

any questions about concert tours in certain countries<br />

please don’t hesitate to contact your member services<br />

representative before filling out the form.<br />

Please be aware that payment is according to the rules<br />

(and delays) of our sister society in the territory where the<br />

performance occurred. If you provide us with tour<br />

information, we will make the claim to the foreign society<br />

and follow it up. Be mindful that in some cases our claim<br />

may prompt the society to licence the venue or concert<br />

you have notified us of, if it was previously unlicensed.<br />

JINGLES OVERSEAS<br />

By the same token, whether or not you receive in<strong>com</strong>e<br />

from <strong>music</strong> used in an advertisement that is broadcast<br />

overseas, is subject to the law and rules of the society in<br />

that territory. We also monitor international practice and<br />

requirements for claims in this regard. Many territories do<br />

not distribute royalties on broadcast ads at all (especially<br />

those that don’t licence broadcasters yet!). Please contact<br />

your Member Services representative if you have questions<br />

about the use of your <strong>music</strong> in advertisements in any<br />

territory before filling in the Overseas Jingle Reporting Form<br />

available <strong>online</strong>.


Trans-Tasman Exchange<br />

The Centre for New Zealand Music and<br />

the Australian Music Centre take turns<br />

each year in facilitating a residency<br />

scheme which allows a <strong>com</strong>poser from<br />

one country to work intensively with a<br />

leading professional performing group in<br />

the other. Creative New Zealand and the<br />

Australia Council respectively provide<br />

funding support for the project. The<br />

Trans-Tasman <strong>com</strong>poser exchange was<br />

instituted in 2003 and New Zealander<br />

Kenneth Young, the 2007 recipient,<br />

will be the fifth <strong>com</strong>poser to take up<br />

the opportunity. He is being hosted by<br />

the Tasmanian Symphony Orchestra<br />

and will spend a total of seven weeks in<br />

2008 working<br />

intensively<br />

with the players<br />

and artistic<br />

management. As<br />

well as writing<br />

a work for the<br />

orchestra to<br />

perform in early<br />

2009, Ken will<br />

participate in<br />

seminars and<br />

events including<br />

the Australian<br />

Composers School and presenting a guest<br />

lecture at the Tasmanian Conservatorium.<br />

Previous Trans-Tasman <strong>com</strong>posers<br />

have been Gareth Farr (NZ), James Ledger<br />

(Aus), James Gardner (NZ) and Colin<br />

Bright (Aus).<br />

NZ Landscapes on YouTube<br />

Twelve ‘Landscape Preludes’ from twelve<br />

New Zealand <strong>com</strong>posers were performed<br />

together for the first time at the recent<br />

New Zealand International Arts Festival<br />

in Wellington. Pianist Stephen de Pledge,<br />

who <strong>com</strong>missioned and performed the<br />

works gave the <strong>com</strong>posers a simple brief:<br />

they were to be for solo piano, 2-4 minutes<br />

in duration and reflect the general them<br />

of ‘Landscape’.<br />

“My only worry”, Stephen admitted,<br />

“was that they might all sound too<br />

similar, but in fact it has been fascinating<br />

to see the <strong>com</strong>posers’ reactions. I don’t<br />

think you could find a more different set<br />

of pieces and yet, while they are highly<br />

individualistic, the idea of ‘Landscape’<br />

has leant them a certain cohesiveness.”<br />

Nine of the twelve <strong>com</strong>posers were<br />

present at the Festival performance and,<br />

with permission from the Arts Festival<br />

organisers, <strong>com</strong>posers and Stephen<br />

himself, film students from Dunedin’s<br />

Aoraki Polytechnic recorded the<br />

concert along with interviews with the<br />

<strong>com</strong>posers. The results will be published<br />

<strong>online</strong> to video-sharing website YouTube<br />

allowing people anywhere a means to see<br />

and hear the results of this fascinating<br />

creative process and an outstanding<br />

Festival event.<br />

Funding for the <strong>com</strong>missions came<br />

from Creative New Zealand, Jack<br />

Richards, Chamber Music New Zealand<br />

and the James Wallace Foundation.<br />

Pianist Stephen De Pledge congratulates nine of the twelve NZ<br />

<strong>com</strong>posers involved in the Landscape Preludes performance at the<br />

NZ International Arts Festival. More on YouTube. The <strong>com</strong>posers are:<br />

Ross Harris, Michael Norris, Samuel Holloway, Jenny McLeod,<br />

Dylan Lardelli, Eve de Castro-Robinson, John Psathas (obscured),<br />

Jack Body, and Gareth Farr.<br />

Really Simple Syndication for<br />

SOUNZ<br />

Following its launch in late November<br />

2007 hundreds of people have signed<br />

up to the new SOUNZ website. It has<br />

continued to grow and develop with<br />

new works, samples, downloads and<br />

information being catalogued and<br />

added each week. The facilities and<br />

search capabilities are extending almost<br />

organically!<br />

One of the newest options to be made<br />

available are RSS feeds from the News<br />

and Music pages. Those who choose to<br />

link the RSS feeds to their browsers will<br />

automatically be sent information about<br />

the latest news updates and products<br />

as they be<strong>com</strong>e available. A whole new<br />

world of New Zealand <strong>music</strong>!<br />

Centre for NZ Music (trading as SOUNZ)<br />

PO Box 10042, Wellington 6143, NZ.<br />

Street address: Level 1, 39 Cambridge Terrace<br />

Phone: 64-4-801 8602, Fax: 64-4-801 8604<br />

Email: info@sounz.org.nz<br />

www.sounz.org.nz<br />

APR AP MAY 2008<br />

13


<strong>APRA</strong> WELCOMES DARREN STAPLETON, <strong>APRA</strong> MEMBER SINCE NOVEMBER 2007<br />

DARREN STAPLETON writes for and performs<br />

with two bands: Strawdogs (punk rock) and<br />

Shinobi (heavy rock). After almost two decades<br />

of songwriting and performance he finally<br />

decided to sign up for <strong>APRA</strong> membership, and in<br />

late 2007 became <strong>APRA</strong>’s 50,000th member.<br />

“This is a significant milestone for <strong>APRA</strong>,” says Sally<br />

Howland, Director Member Services <strong>APRA</strong>|AMCOS.<br />

“For over 80 years, <strong>APRA</strong> has represented the rights of<br />

songwriters, <strong>com</strong>posers and <strong>music</strong> publishers. We<br />

began operations in 1926 with just nine publisher<br />

members. Over the decades, our membership has<br />

risen steadily as a result of a flourishing <strong>music</strong> industry<br />

and our constant <strong>com</strong>mitment to securing the fairest<br />

and highest level of payments for our members,<br />

providing the strongest defence possible of their<br />

rights.”<br />

<strong>APRA</strong>P caught up with Darren to find out a bit<br />

more about our newest member, his songwriting<br />

and future plans…<br />

What prompted you to join <strong>APRA</strong>?<br />

In the two bands, we write, record and perform original<br />

<strong>music</strong> and lyrics. Because of this we were advised by a<br />

friend in the industry that it was crucial that we<br />

registered with <strong>APRA</strong>. Since our <strong>music</strong> is now exposed<br />

to so many more people through various mediums<br />

including the internet (websites like myspace and<br />

iTunes) and on the radio and on TV; it means that<br />

as <strong>music</strong>ians we need to protect our work and<br />

our in<strong>com</strong>e.<br />

What can <strong>APRA</strong> do for you?<br />

In my view <strong>APRA</strong> is crucial as it makes life easier and<br />

holds people accountable to Copyright Law. It is so<br />

important to us, as <strong>music</strong>ians and performers, that our<br />

<strong>music</strong> is protected and that we can continue to earn<br />

in<strong>com</strong>e and be able to make more <strong>music</strong>! <strong>APRA</strong> helps<br />

us as it provides licences to business and<br />

organisations who may play our <strong>music</strong> and collects<br />

royalties on our behalf.<br />

What are you currently working on?<br />

With Shinobi we have been getting out there and doing<br />

more shows in the last twelve months. We are also<br />

working on some new songs and also trying to get our<br />

current four track EP out there! With the Strawdogs we<br />

have been more focused on rehearsing, writing and<br />

recording our new album.<br />

Without a doubt – the best part of being a <strong>music</strong>ian<br />

is playing live and the local <strong>music</strong> scene in Sydney is<br />

still rocking with great venues like The Gaelic Club in<br />

Sydney and Bizzos in Caringbah. Since<br />

late November we have also been<br />

working with The Harbour Agency<br />

and our agent Luke has been<br />

pivotal in helping us gain more<br />

shows in Sydney, the west and<br />

down the South Coast!<br />

What do you hope to achieve<br />

with your <strong>music</strong>?<br />

Music has been a part of my life for<br />

a long time! All of the members of<br />

Shinobi and the Strawdogs are great lifelong<br />

friends and family. We all love jamming together,<br />

hanging out and writing <strong>music</strong>. If we have success with<br />

our <strong>music</strong>, and we can make a career out of it, it would<br />

be awesome and a dream <strong>com</strong>e true, but it we don’t...<br />

we will still be meeting up next week for a jam session<br />

and we will still be recording <strong>music</strong> 10 years from now!<br />

www.myspace.<strong>com</strong>/strawdogsdeathpunks<br />

www.myspace.<strong>com</strong>/shinobioz<br />

www.shinobi-oz.<strong>com</strong><br />

PHOTOS: SUPPLIED BY DARREN STAPLETON<br />

APR AP MAY 2008<br />

14


OBITUARY<br />

MAHINARANGI TOCKER 1955 - 2008<br />

Photos by © Robert Catto / www.catto.co.nz<br />

Performing at Te Papa Marae June 2003<br />

Recording Mongrel In Me July 2005<br />

at Braeburn Studios in Wellington<br />

Mahinarangi Tocker (Ngati Raukawa, Ngati Tuwharetoa, Tainui – Ngati Maniapoto, Jewish<br />

and Celtic ancestry) made an extraordinary contribution to New Zealand. She was one of<br />

our most unique voices.<br />

Mahinarangi was born in Taumaranui into a whanau blessed with the love of <strong>music</strong>.<br />

Known today as a gifted poet, songwriter and <strong>music</strong>ian – many may not know that in her<br />

early days she was also a representative swimmer, diver and netballer! She studied and<br />

qualified as a nurse but quickly discovered her path was to follow her love of <strong>music</strong>.<br />

In her life she wrote and recorded six albums of her own – all highly acclaimed. It’s<br />

quoted she wrote more than 600 songs. I suspect she wrote many more. She was prolific<br />

– at times a whirlwind of energy and intensity – as close to a <strong>music</strong>al genius as anyone in<br />

this country. She contributed to numerous recordings and live performances across<br />

numerous genres and collaborated with an enviable array of <strong>music</strong>ians and artists from<br />

David Downes and Ross Harris, to Charlotte Yates, Shona Laing, to the Strawpeople and<br />

Hone Tuwhare.<br />

Her <strong>music</strong> is in many ways indefinable; but it was always reflective of her. It was<br />

diverse; it talked about love and respect, of tolerance. It was accessible and intelligent. It<br />

was <strong>com</strong>plex and it was always beautiful. She wrote about her ancestry but most proudly<br />

of her Maori heritage and her <strong>music</strong> showed us the way to co-exist in a diverse world.<br />

Mahinarangi exemplified all that this meant.<br />

There are many tributes to her extraordinary life. What be<strong>com</strong>es clear through all these<br />

personal celebrations is that Mahinarangi made every one she met feel special – like you<br />

were her most special friend. She made us laugh, she was generous and she was kind and<br />

full of aroha for those around her. Whether you were lucky enough to know her personally,<br />

saw her perform live or simply heard her <strong>music</strong>, the experience was unforgettable.<br />

The legacy of her <strong>music</strong> will live on as will her work in mental health, education and<br />

human rights. This year, in the New Year Honours list, Mahinarangi Tocker became a<br />

member of the New Zealand Order of Merit for services to <strong>music</strong> – a richly deserved reward.<br />

It’s unthinkable that Mahinarangi is no longer with us. We extend our sympathies to<br />

Irena (her sweetheart), her daughter Hinewairangi and her whole whanau.<br />

Anthony Healey<br />

APR AP MAY 2008<br />

15


MOMENTSINMUSIC<br />

From Left – Gilbert Egdell, Michael Glading, Annie Crummer, Kim Willoughby and Dianne Swann<br />

GOING GOLD<br />

Debbie Harwood www.debbieharwood.co.nz<br />

This could be a quiz: guess which NZ female singer is buried behind Michael Glading’s face, Mmmm?<br />

Yes: it is me! CBS had agreed reluctantly to release Melting Pot. I had always liked Michael Glading, but<br />

he didn’t quite get this one. His view was that it wouldn’t work. I remember Michael saying “I like you<br />

Debbie, so we’ll put it in the shops for you, but with no promotion”. And Bob’s yer uncle, it went to #1!<br />

They had under-estimated our massive live audience (take note: LIVE = very important).<br />

This photo is of the Gold status dinner at Oblio’s in Ponsonby 1989, quite flash for us … GOLD, for<br />

God’s sake! We didn’t normally eat that much because we were so poor. Cripes, I did that night and<br />

drank the champagne they were plying us with! However, and I say that like the nasty judge on DWTS:<br />

they presented us with ordinary cassettes, opened, splayed even, glued onto maroon velvet; framed<br />

with those cheap, thin brassy frames that get all spotty within a month. There wasn’t a gold thing in<br />

sight. You are seeing the white paper background in this photo which is the way I’ve hung it on my wall!!<br />

In those days NZ artists were low priority and the policy was that international artists were released on<br />

CD, but local artists weren’t. So we had vinyl and cassettes at the time.<br />

I would have loved an actual gold single or album – but there is always a silver lining. I remember<br />

leaving the motel my husband and I were staying at to go to the dinner, leaving a very beautiful young<br />

journalist interviewing him and he seemed to be enjoying himself a little too much for my liking. So,<br />

when I came back, fired up by the champagne and determined to reclaim my territory – our gorgeous<br />

son, Marlon, was conceived. Oh, what a night! Thanks for being the fluffer Michael!<br />

Australasian Performing Right Association Ltd. An association of <strong>com</strong>posers, authors and publishers of <strong>music</strong> in Australia, New Zealand and the South Pacific: Having affiliations with similarly constituted organisations throughout the world. Registered Office: Sydney – 6-12 Atchison<br />

Street, St Leonards, NSW 2065, Australia, Telephone: (02) 9935 7900, Facsimile: (02) 9935 7999. Email: apra@apra.<strong>com</strong>.au Writer Directors: Arthur Baysting (New Zealand), Eric McCusker, Richard Meale LLD AM MBE, Jenny Morris, Chris Neal, Michael Perjanik (Chairman).<br />

Publisher Directors: Robert Aird Universal Music Publishing Pty Ltd, John Anderson EMI Song Australia Pty Ltd, Matthew Capper Warner/Chappell Music Australia Pty Ltd, Ian James Mushroom Music Pty Ltd, Fifa Riccobono J Albert & Son, Damian Trotter Sony/ATV Music Publishing.<br />

Chief Executive: Brett Cottle LLB. Director of NZ Operations: Anthony Healey LLB. New Zealand <strong>APRA</strong>P Editor: Abbie Rutledge Email: arutledge@apra.<strong>com</strong>.au Design: Lorenzo Design. Contributors: Anthony Healey, Brett Cottle, Petrina George, Greer Donovan, Abbie Rutledge,<br />

Arthur Baysting, Richard Mallett, Anthea Sarris, Stephen Gibbs, Kirti Jacobs, Scot Morris, Marshall Smith, Debbie Harwood. The opinions expressed in articles in <strong>APRA</strong>P are not necessarily those held by the <strong>APRA</strong> Board. © 2008 Australasian Performing Right Association Ltd.<br />

<strong>APRA</strong>|AMCOS, Unit 113, Zone 23, 21-23 Edwin St, Mt Eden 1024, PO Box 6315, Wellesley St, Auckland 1141. Freephone 0800 69 2772, Phone 09 623 2173 Fax 09 623 2174. Email: nz@apra.<strong>com</strong>.au www.apra.co.nz<br />

APR AP MAY 2008<br />

16<br />

Have you got a photograph that captures a moment in <strong>music</strong>? Send your submission with 250 words on<br />

why it’s special to arutledge@apra.<strong>com</strong>.au and it could appear on the back of the next <strong>APRA</strong>P.

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