Money, Money, Money

FUNDAMENTALLY, as a songwriter or composer, you are entitled to payment every time one of your compositions is used or ‘played’. This principle has been established for many years, to the extent that it is now recognised as an international convention, which is given different degrees of legislative support in different parts of the world.

In Europe, copyright laws are relatively sophisticated, and the collection and distribution of royalties is a highly complex business. With the extraordinary changes which are taking place in the technology for recording, storing and transmitting music, as well as an explosion in the range of interactions with other media, there is a need for constant revision and updating of copyright laws, to ensure that works are not exploited without payment being made to the original artist.

That said, however, there are two basic sources from which songwriters’ income is generated. The oldest right relates to public performances, a category which now includes everything from music that is played in the local hairdressers, through radio plays on independent and national radio to gigs in major venues like The Point or the RDS. These monies have been collected in Ireland for over 70 years by the PRS, the British-based music rights organisation and more recently through their Irish affiliate IMRO.

After recording technology had developed to the point where mass production was possible, it was recognised that this involved a separate and distinct right, from the songwriters’ point of view. The essence of this is that if A wants to record a song by B and to release it for commercial gain, than a payment to B is required. In practice this involves the payment of what has become known as a mechanical royalty – the amounts are relatively small in a case where a songwriter has a single track on an album of, say, twelve tracks but every sale of that album nevertheless generates income for each songwriter who has a track on it. This money is collected by the Mechanical Copyright Protection Society, who represent over 10,000 composers and publishers in Ireland and the UK. The MCPS also collects the monies due from other exploitation of music which involves a recording function – including the use of music with film, video, TV programmes etc.

For over five years now, the

licensing and collection functions of the PRS have been carried out in Ireland by IMRO, the Irish Music Rights Organisation, which is a subsidiary company of the PRS. The membership of IMRO, a non-profit making organisation, comprises songwriters and publishing companies based here, who authorise the organisation to act on their behalf and to collect royalties which are due from the broadcast and public performance of works.

IMRO also collects payments due from performances in public places, which as explained can include anything from a venue like the Point Depot right down to pubs, discos, hairdressers and boutiques. Anywhere music is used to enhance a business or to attract customers is obliged to pay a licence fee to IMRO for the use of the recorded works. In Ireland over 15,000 places of entertainment are licensed by IMRO for this purpose.

The amount paid for the licence fee varies, depending on the size of the venue or business and how many people are passing through it or are likely to be exposed to the music. IMRO are regarded as having done an excellent job in bringing users into the royalty-paying net, having reached agreements with organisations like the Hotels Federation and the Restaurant associations (see report by Liam Fay next issue) and more than doubled revenues over a four-year period between 1988 and 1992.

The benefits of this excellent work are not always being felt by Irish songwriters to the extent that would reflect the strength and popularity of Irish music currently, however. There are moves afoot which should see IMRO separating from the PRS in the near future, with a separate society being set up here to handle both the collection and distribution functions. It is a long overdue move, which should benefit the Irish music industry considerably.

Hugh Duffy, Chief Executive Officer of IMRO feels that this would benefit Irish songwriters and publishers in particular. “At the moment we’re like a small fish in a big sea,” he says. “As a result, Irish songwriters and musicians are not benefitting financially as much as they should, especially from Irish music which is played abroad. Independence from the PRS would mean total control of the collection function within Ireland and a much more efficient means of representing our members abroad. We’ll be balloting our membership in the next few weeks regarding a separation from the PRS and in that context we’re hopeful of swift moves towards independence in the near future.”

Minister for Arts, Culture and the Gaeltacht Michael D. Higgins has indicated his support for such a move. He has also hinted that any efforts on the part of the PRS to resist such a separation may be in breach of European rules, suggesting that the Government will be prepared to back IMRO in its struggle for independence.

The move is strongly supported also by the Irish Association Of Songwriters and Composers, an organisation whose objective is specifically to represent the interests of songwriters and composers in this country. IASC boasts 300 members, including established Irish songwriters like Christy Moore, Paul Brady and the members of U2. Pat Dempsey is Executive Secretary of IASC and sets out the aims and objectives of the organisation.

“We operate on several levels,” he explains. “Firstly, we represent the interests of songwriters by having representatives on the boards of major music industry organisations like IMRO, MCPS and Musicbase. Secondly, we provide information in the form of publications on various aspects of songwriting like Copyright, Publishing, Contracts etc and we publish our own magazine The Irish Songwriter, three times a year. Finally IASC aims to heighten public awareness of the valuable work being done by songwriters and composers. This is achieved by lobbying for more recognition and appreciation for the work of Irish songwriters.”

The membership of IASC is divided evenly between men and women but curiously (and with some notable exceptions) there are very few successful female Irish songwriters. Pat Dempsey is at a loss to explain this but being a music publisher himself he feels many women songwriters limit themselves in terms of the kind of music they write.

“I receive quite a few demo tapes from women writers and singers,” he says, “and they tend to be of the folk variety, singing Joni Mitchell-type songs. That particular idiom has been well and truly done to death at this stage, so I would advise women writers to expand their horizons and perhaps write more pop and rock songs as there is bound to be some undiscovered talent out there in that area.”

Got that, Dolores?!?

• Colm O’Hare

•Next issue Liam Fay goes on the road with the IMRO team.

INDEPENDENTS GROUP

The OWNERS of many of Ireland’s independent record stores are

clubbing together to form a representative body which they hope will give them a stronger voice and more clout within the country’s record retailing scene.

As a first step down this road, a special meeting is being held at the County Arms Hotel in Birr, Co. Offaly on Saturday, February 19th at 7.30pm. Among the topics already scheduled for discussion at this gathering are returns policies, bank charges, video licences, ticket commissions and the vexed area of IMRO tariffs. Suggestions for other additions to this agenda are welcome and, on the night, a chairperson and committee will be elected. A decision on a name for this representative body will also be made.

Further enquiries regarding accommodation etc. can be made directly to The County Arms Hotel, Roscrea Road, Birr, Co. Offaly. Tel: (0509) 20791.