Mon, 06/08/2009 - 13:34 — admin

IMRO is a national organisation that administers the performing right in copyright music in Ireland on behalf of its members -  who are songwriters, composers and music publishers - and on behalf of the songwriters, composers and music publishers of the international overseas societies that are affiliated to it. IMRO does not represent the interests of record labels. IMRO’s function is to collect and distribute royalties arising from the public performance of copyright works. IMRO is a not-for-profit organisation.

Mechanical Copyright Protection Society Ireland Limited (MCPSI) is an organisation which represents thousands of composers and publishers of music. The right involved is a “mechanical” right because it involves the physical reproduction of a member’s musical works, although with the advent of digital media the internet the term “mechanical” has been broadened to include digital reproductions of MCPS’ members works too. MCPSI is responsible for the collection of royalties for its members when their works are used on physical formats such as CD, DVD, Vinyl, etc or made available for download via the internet, mobile phones and via other digital devices and services.
 
Copyright music is protected under the Copyright and Related Rights Act 2000 of Ireland. The Act, amongst other things, sets out the so called "Restricted Acts" which means such acts cannot be done without the permission or authority of the owner of the creation. It is, therefore necessary to obtain a license to use copyright music in a public place, in a broadcast programme or to make available through an online medium. IMRO has the responsibility to ensure that all websites  and digital Music Service Providers available in Ireland, exploiting the works of its members and affiliates which host copyright music comply with copyright legislation and that this responsibility is discharged in an equitable manner.
 
Why does a website need an online licence?
If a website is making copyrighted music available online they are obliged to pay a royalty to the composer/author/publisher of the musical works.
 
Where does the licence cover?
The licence is issued for Ireland. As there is no worldwide or European licence in place at present every territory is licensed individually.
 
Are all websites who are making music available in Ireland liable to obtain a licence?
Yes, a website should be licensed in each territory it is made available in.
 
If I am not hosting the music do I still need to get a licence?
No, if your website contains links and/or embedded code to music on other outlets hosting the music which are licensed by IMRO/MCPSI. 
 
How much does an online licence cost?
The Limited Online Exploitation Licence is an annual licence and all of the services which are covered along with their fees are detailed in the Limited Online Exploitation Licence (LOEL) page at the following link.   http://www.imro.ie/content/limited-online-exploitation-licence
 
Licence Background
The Limited Online Licence was introduced in January 2008 and has been widely accepted by music users  operating within the digital space. This Joint Limited Online Licence provide users with a one stop shop for both the Mechanical Rights and Making Available Rights. It provides websites and digital music service providers with an *Blanket Licence covering services which include podcasting, Limited On Demand Streaming, Download to own and Webcasting Services.
 
*Blanket Licensing explained.
The Limited Online Licence is a blanket licence issued jointly by MCPSI and IMRO. In the absence of Collective Licensing and in particular Blanket Licensing, service providers would be required to seek individual licences directly from Composer, Authors and Publishers for the exploitation of IMRO/ MCPS works and the works of our sisters collections societies throughout the world. The existing approach is efficient, effective and benefits music users, service providers and our members. 
 
Tiered Minima
The tariffs in the Limited Online Licence are tiered in line with the projected levels of use, an approach welcomed by new and existing providers. Since the inception of this Licence, the online licensing team have been proactive in approaching  unlicensed services to inform operators of the applicable tariffs and terms and conditions of our Joint Online Licence. The LOEL license is designed to ensure that commercial music blogs pay a commercial rate whilst others pay a minimum fee of €75 per annum for uses of 30 seconds clips and €150 per annum for an entry level streaming/downloading license. This is a fair and reasonable approach and ensures a reasonable value of the use of music.

If you have been contacted recently by a member of our licensing team and have any enquires please email onlinelicensing@imro.ie or call +353 1 6614844
 
Feedback
On an ongoing basis we and consult with receive feedback from existing and potential licencees with respect to all of our IMRO and MCPSI licensing schemes. IMRO is actively consulting with representatives of the Irish music bloggers community. This community currently does not have  a representative organistion. We have asked that bloggers representatives meet with IMRO to clarify the various issues that have arisen in relation to the LOEL which was published as a licensing scheme and operated by IMRO for the past two years. We believe that this will lead to greater certainty and identify any issues that need  to be addressed.