This document strives to answer questions that current or aspiring songwriters, composers and publishers of music ask frequently, particularly in relation to mechanical rights.

1. What is meant by Mechanical Rights?

Mechanical rights are the rights granted to a user or users to reproduce specified work(s). Rights are granted by the original composer(s) or an entrusted body, nominated by the original composer(s) such as SAMRO,. The right gives the user(s) permission to reproduce the said work(s) on to or through specified mediums (e.g.: cassettes, CDs, downloads).

2. What are Mechanical Royalties?

Mechanical royalties are payments for the reproduction and distribution of recordings, including recordings reproduced on any physical medium (e.g.: cassettes, CDs) or distributed over the internet in the form of downloads or streaming. Regardless of whether a song is newly performed or a copy of an original recording it is still subject to mechanical royalties. Just as performing rights are subject to tariff fees and blanket licence agreements, mechanical rights are also subject to prearranged tariff fees and blanket licence agreements. The members (rights holders of the music) entrust SAMRO to negotiate the actual tariff fees and blanket licence royalties.

3. Who collects mechanical royalty payments?

Mechanical royalties are either collected through the collection services of a rights society, such as SAMRO or by the publisher/owner of the song, or directly from the recording company.

4. What is a Music Publisher?

A music publisher works with songwriters to promote songs, resulting in exposure to the public and generating income. Music publishers “pitch” songs to record labels, movie, television and radio producers etc., then licences the right to use the song and collect fees for usage. Essentially, a music publisher is what could be termed the royalty collector and/or copyright administrator. S/he exploits your copyrights and collects and pays all your royalties (except for performance income). S/He does this by obtaining ownership and administrative rights to some or all of your copyrights. Thus, a music publisher is basically an individual or company who:
a) Screens songs and gets them commercially recorded.
b) Exploits the copyrights.
c) Protects the copyrights.
d) Collects income from performance, mechanical synchronisation and printing rights both in South Africa and in foreign territories.

5. What is a Musical Work?

A musical work consists of lyrics and/or music that can be written down as words (for the lyrics) or musical notes (for the music and the melody to which the lyrics are sung). A person who writes a song is called a songwriter or composer; it is also referred to as a Musical composition.

6. What is a Sound Recording Copyright Symbol?

The sound recording copyright symbol is represented by the letter è.
The copyright notice of sound recordings should include the three following elements: the sound recording copyright symbol, the year of first publication of the sound recording, and the name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized. A generally known alternative designation of the owner may also be used (artist alias, performing name, etc). If the producer of the sound recording is named on the media labels or containers, and if no other name appears in conjunction with the notice, the producer’s name shall be considered a part of the notice.

7. What is a Synchronisation licence?

Often referred to as a “synch” licence, a synchronisation licence allows the user to reproduce a musical composition in connection with or in timed relation with a visual image, such as a motion picture, video, or advertising or commercial.

8. How is a Synchronisation licence different from a Master recording licence?

The distinct difference between a synchronisation licence and a master recording licence, is that two separate negotiations are undertaken.

A typical example would be if you wanted to use the song “I’d Like” in a financial services television advertisement or commercial, you would be required to in the first instance, obtain a synchronisation licence from the copyright owner of the music, through SAMRO.. However, if you wanted to use the song “I’d Like” recorded by Freshlyground, then you would also be required to obtain a master recording licence from the copyright owner of the sound recording. If you needed the master rights, you would need to secure the synchronisation rights as well.

You may however, choose to rerecord the song to your specifications, in which case you will only be required to obtain the synchronisation rights.

9. How is my work protected abroad?

By virtue of the reciprocal agreements with many other similar music copyright organisations around the world, SAMRO protects an extensive repertoire of works written by thousands of songwriters and composers worldwide.

SAMRO is currently linked to many collecting societies for mechanical reproduction rights or public performing rights through a network of unilateral and bilateral agreements.

10. What is BIEM?

BIEM is a Paris-based organisation set up to oversee reciprocal arrangements for the collection of mechanical royalties across 50 international territories, namely 50 societies in 53 countries.

Further information on BIEM can be found at their official website: www.biem.org

11. My song has been used in a compilation album. How do I go about collecting my royalties?

You can assign your rights to SAMRO to collect on your behalf. If you have assigned your reproduction rights to a music publisher, your music publisher will collect royalties on your behalf. Alternatively, you can approach a record company for your royalties.

12. If I am recording a cover song is any licence required?

A cover song is a new recording of a song that another artist has already recorded. This means that you will need a licence to use the song and you will still need to pay mechanical royalties to the owner of the song. Certain provisions of the Copyright Act require the owner of a cover song to provide you with a licence (in exchange for payment) as long as you comply with those provisions. This rate must be paid for songs that you cover unless you negotiate a different amount directly with the owner of the song. If you choose to rely on the statutory compulsory licence, the Copyright Act contains many other requirements.

13. My recording contains “samples” of other recordings and songs; is a licence required?

If your recording contains samples of other musical recordings, you definitely need to obtain permission to use these samples in your recording!

14. If I want to create a compilation CD. Do I need a licence?

Compilations are various songs put on to one or many CDs. They are treated similarly to copying the recording of a third party and you will require a licence from the publisher of the recording in order to use the songs in the compilation. Permission is also required from the recording company, which usually owns the sound recording of a work.

15. I recorded the music at a concert I attended; is it okay to use it?

Unless you obtain an agreement from everyone who has contributed to the CD it cannot be reproduced. Generally, you cannot record concerts without the authorisation of the performer. You may also need permission from the venue to bring recording equipment into the concert.

16. How can music rights owners earn mechanical royalties from manufacturing?

Not only can a song be manufactured into a product (a CD, for example) by securing a mechanical licence, which will include the payment of a mechanical royalty to the songwriter, but other sources of income also include TV programmes, film/movie soundtracks and mobile phone ring tones, to mention but a few.

17. I am the author of a song that another artist wants to take a sample from, how do I know how to charge them for the use of my material or how much to charge?

The question of what would be due to you varies depending on the stature of the artist, the song and the recording from which the sample is made. But as a general rule, if it is a sample from a record which results in another recording, a percentage of the artist’s royalties on the resulting recording would be payable to you.

In addition, if a musical composition is sampled, then the right to share in a percentage of the publishing income which is generated might be negotiated, in addition to a share of copyright ownership in the resulting work.

18. I have been approached by online commercial companies to post my music on their websites. How should I proceed?

By allowing your music to be placed on the internet, you need to take the following into consideration:

Reproduction rights are the rights to upload and/or download your music through the internet. If you have assigned your rights to SAMRO, you would need to inform us about the matter immediately so that we can approach the commercial company on your behalf.

If you have not assigned your rights to anybody but agree to place your music on commercial websites, look at the contract thoroughly to make sure that you do not forfeit your copyright, and ensure that you can terminate the agreement as and when you want to. In addition, you may want to ensure that you are properly credited.

19. What if I just want to download a few songs to see if it’s worth buying the whole album?

That’s fine if you’re allowed to so by the holder of the rights. Some commercial sites allow you to listen to clips from particular songs, or sample a limited download of tracks from their service as a ‘taster’ of the music. But there is no general right or exception that lets you copy before you buy without permission, for the obvious reason that once something is copied it probably won’t be bought.

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