What licences are available - and when do I need them?
If you are recording only music that is performed live (a band or choir etc), you will only need an MCPS Limited Manufacture Licence (LM Licence). If you are recording or dubbing music from a copyrighted music recording, you will also require a PPL ‘Private Function Video Dubbing Licence’.
Most wedding couples will want their favourite music dubbed on to their wedding film - and to fully licence this can cost from as little as £9 (see costs for each licence type below).
PPL – PFVD (Private Function Video Dubbing Licence)
This licence is issued on behalf of the Record Company and the Performers, and enables you to record their music in actuality (such as that being played by a DJ at a wedding reception) and to dub music on to the wedding video in post production. The licences are in the form of holographic stickers, which must be applied to all copies of the video.
How much?
These licences cost £3.40 each plus VAT - subject to a minimum order of 5 licences.
(Each copy of the production you produce will require a separate PPL Licence)
How to buy your PPL Licences
These can be purchased through the IOV online at www.iov.com/ppl
(This link includes the facility to download a postal application)
Contact
For further information, please contact the IOV - 020 8502 3817
MCPS – LM Licence (Limited Manufacture Licence)
This licence is issued on behalf of the Composers and Publishers, and enables you to record and dub their works. Each wedding video will require a separate licence, and the cost is governed by the number of copies being made of the original – and the duration of music included.
How much?
Up to 25 minutes of music
1 to 5 copies = £5
6 to 20 copies = £15
21 to 50 copies = £20
51 to 100 copies = £30
101 - 250 copies = £50
251 - 500 copies = £75
501-1000 copies = £150
Over 25 minutes of music
1 to 5 copies = £8
6 to 20 copies = £24
21 to 50 copies = £30
51 to 100 copies = £45
101 - 250 copies = £65
251 - 500 copies = £120
501-1000 copies = £250
How to buy your MCPS LM Licences
These can be purchased direct from MCPS-PRS from their dedicated LM website - www.iov.com/mcps
Contact
MCPS - 020 8378 7500 (http://www.prsformusic.com/users/musicforproducts/LM/Pages/LM.aspx)
Establishing the need for licences
The IOV Executive has recently taken legal advice from The Simkins Partnership (specialists in media law) on clarification of the law relating to copyright - and how it might affect the work of videographers. In particular, clarification was sought on whether music recorded in actuality (such as the music being played or performed at a wedding reception) might be considered as ‘Incidental’ – and therefore free from copyright infringement.
To summarise the advice from The Simkins Partnership: - To be deemed ‘Incidental’, inclusion would have to be incidental rather than featured, and at the same time accidentally, carelessly or recklessly recorded. As the musical content at a wedding is nearly always a feature, and a videographer would purposely record that music as part of their work – then a licence/s will be required in order to comply with copyright law as it stands.
If the music is being performed live, then a licence needs to be obtained from the Composer and Publisher of the music (Please note: Legislation (Copyright Designs and Patents Act 1988 Part II, s.181 et, requires that the performer's consent to exploitation of their performance must be sought and obtained, which may result in payment of a fee.). Composers and Publishers are represented in the UK and Ireland by MCPS (Mechanical Copyright Protection Society). If the music is being played from a CD, record or any other recording, a licence needs to be obtained from the Record Company. The Record Companies are represented in the UK and Ireland by PPL (Phonographic Performance Ltd).
There is less confusion when copyrighted music recordings are dubbed on to the wedding video – which will also require the purchase of licences to comply with copyright law. A combination of both MCPS and PPL Licences can be purchased to comply with the law.
Types of Music you might use
Copyright Free
This is music produced specifically for use in productions, and generally comes with full clearance for use in all types of productions. You do not need any licence clearance to use them (subject to the terms of the producer).
Whilst your client is unlikely to specify a copyright-free music track - using it is by far the easiest way to keeping clear of any copyright issues.
Production Music
Again, this is music specifically produced for use in audio visual productions. You obtain these albums by signing up to MCPS (click here) - and then the record companies that produce them will start to send you CDs. However, you still need to licence its use (depending on the application).
In this instance MCPS licence both aspects of copyright - namely the musical works (music score and lyrics) and the rights in the recording (the rights in the recording and the artists' performances). The rates will vary according to the use (media, geographical regions, application and amount of music used - normally in chunks of 30-seconds).
MCPS's blanket agreements - such as the Limited Manufacture licence - do include the use of Production Music. So, let's assume you are recording a wedding and find some Production Music which your client likes or knows (very unlikely!), then you will only need the MCPS Limited Manufacture licence.
Commercial Music
With commercial music (that which is on general release - such as chart music old and new), the two aspects of copyright are covered by the two licensing bodies (MCPS and PPL). MCPS licence the musical works and PPL licence the rights in the recording and performing artists.
With weddings and other domestic private events, the two bodies have developed general clearance licences - namely the Limited Manufacture Licence from MCPS and the Private Function Video Licence holograms (available from the IOV) from PPL. Buying both these licences will enable you to record and dub your client's favourite music on their DVD.
Corporate & Broadcast Productions
Using Commercial Music on corporate or broadcast productions is completely different - and in most cases will be uneconomical and sometimes not possible. The MCPS Limited Manufacture licence excludes this use, so you will have apply to them via their website (click-here for more info).
You will then have to approach the record companies direct to obtain clearance for the rights in the recording. That's never an easy thing! Sometimes the artist might have a moral objection to their music being used in association with a company (for instance, say you were doing a promo for an animal experimentation company).
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