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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.