DJ RhemyD's guide to Going Legit

[Cupe]

Thought this was worth making sticky incase it gets lost amongst the frontpage news..

By Richard Matthews

I’m sick of hearing DJ’s debate about the licensing issues within the Australian music industry. There are so many backyard operations that go unlicensed simply because there is no one out there willing to give the correct information relating to DJ legally in Australia, or when they do find someone willing to share some knowledge they themselves are ignorant to the law. That’s why I have decided to put the information out there freely for everyone to discuss.

Here we go, RhemyD Entertainment’s beginners guide to going legit!

So what’s the issue with the law and DJing anyway? Well it all boils down to copyright and before I hear those resounding groans let me just say that I’m not going to be smashing the old lines about bibliographies ingrained into us through high school English, you became a DJ to get away from that right?

Music copyright in Australia is all about protecting the artist, whom without we would have no music to play. It’s all about keeping the music legal and thus keeping the music industry alive. Without copyright there simply wouldn’t be a music business. We’d all be out of a job. As most of you would know, a DJ should obtain there music through legitimate sources. Go out and buy that CD or download it off of a reputable site such as iTunes (more sites can be found at MIPI, more about this later). But, what many don’t know is that by purchasing the music you don’t automatically have the ability to play it in public. That’s breaching copyright.

So how does a DJ get around this? Easily, through licensing organisations such as the Phonographic Performance Company of Australia (PPCA), Australia Recording Industry Association (ARIA), Australasian Mechanical Copyright Owners Society (AMCOS), Australasian Performing Rights Association (APRA). Each of these organisations provides licenses for a specific act to do with DJ’ing. PPCA provides licenses for playing copyrighted music in public, ARIA for media shifting, APRAAMCOS also provides licenses for playing music in public.

The best way to look at this is through case examples. Let’s look at DJ Smith, 16 year old who has just started becoming interested in DJing. He’s bought his own music and his first system but for now only plays to himself and a few select friends in his bedroom. Does he need any form of licensing at this stage? The answer is no, as he is only playing to himself, in his bedroom, with practically no one else around he does not need any form of licensing.

Smith has decided he likes DJing so much that he has gotten very good at what he’s doing. He decides to make a mix CD to send to the local pubs and clubs so that he can try and get a gig. Smith needs a license to make this CD. He will require either an ARIA license or direct permission from the record labels the tracks he is using are from. This is because he is making copies of the music. Although Smith is just mixing the songs together he is still undertaking what is known as “media shifting” and thus, requires a license from ARIA to engage in this production.

Misconception: Just because you are providing a mix tape free of charge does not mean you still need permission.

Once Smith has obtained the license from ARIA to make his CD he sends it off to the local club. They decide that Smith can do an opening set on the Thursday night. Now Smith doesn’t need any more licenses to do this. The venue Smith is working as a DJ at however must have a license from the PPCA and APRA to enable the use of music being played for a commercial profit.

Smith now has been playing in the industry for 5 years and decides to open his own mobile DJ business. He now needs to license his equipment through the PPCA with a Tariff F license. This license covers the use of one mobile DJ and his equipment (referred to as discotheque unit). For each employee Smith hires he is required to further pay a license but at a smaller fee. If the venue Smith is going to work at doesn’t have an APRA/AMCOS license then his is further required to obtain one of those too. The only other thing Smith has to worry about now is insurance for his equipment, public liability and public indemnity if it becomes an issue. This will be the discussion of another article.

The above example covers the majority of DJ’s prior to the 21st century. Now day’s we have laptops as well as “discotheque units” and the PPCA license has broaden its classification to include laptops too. The only other license a mobile DJ using a laptop has to worry about is a blanket license from ARIA to cover the conversion of CD’s to MP3’s.

All the info on obtaining these licenses can be found at the organisations website. Most of these are fairly inexpensive and should be purchased to cover any DJ from prosecution. Illegal possession of media can result in $65,000 fine or 5 years in prison per track. For more information see the following links.

PPCA: www.ppca.com.au

ARIA: www.aria.com.au

APRA/AMCOS:www.apra-amcos.com.au

MIPI: www.mipi.com.au

Richard Matthews is owner and operator of RhemyD Entertainment, located in Adelaide South Australia. His website can be found at www.RhemyDEntertainment.com.au

[DjDennis]

Thanks for this Article

I think a lot more older Djs should also be looking carefully at this as a newbie as well

because I think 9/10 djs here do NOT have any licence at all

[CBG]

Gd Post. *Bookmarked*

How much does the ARIA license cost these days?

[Skank]

i just think that after i spend my $20 bucks on a crate worth of mp3's that its a joke i still carnt play them allowed without infringing on copyright

as far as im concerned after i pay for a song a own it and as long as i dont duplicate it and give it away or sell it i dont see how i am doing anything wrong

[CBG]

Your not doing anything wrong Skank.

It's says you need an ARIA license when you 'send a demo disc'. Therefore reproducing. You may not be doing it on purpose, but who knows where the contents of the disc will end up.

I know... I hate it too... :-(

[Skank]

i recon its bureaucracy gone too far

[CBG]

It's pretty hard to side with the copyright rules until your on the other side of them me thinks.

[Buck_Choi]

read this through.

say in this scenario.

im at school, and the school has asked me to play at a school event would i still need to have a licence ? no money is involved its out of my own free will to accept and play?

[Buck_Choi]

*Bump*

[Cupe]

i don't think people care whether you're doing it for free

it's that people who didn't pay for the music are hearing it

then again, maybe the school will cop the liability if you get snapped

as long as it isn't pirated music, i don't think anyone will give a shit.

[Buck_Choi]

haha alright then good stuff

say i do use pirated music, what are the chances that im playing at school some one comes in and catches me ?

[Cupe]

I'd say make a new thread and state your first question clearly with all facts

[Buck_Choi]

naa im right haha cbf. doubt i'd be playing at school any time soon, need to get my gear first and practice. + hsc.. haha

[Jaytee]

The price for music is way overpriced.

If a song was 3-10c I would buy it. but for $1-$3 for a song? I would be practically broke if I had to buying 10, 000 songs.

Anyway never knew about licences..

Great guide

[dapimp]

soo if i wanna submit a mix to a radio station or local radio station which somebody posted somewhere on this forum b4, what do i need?? from a legality point of view that is

[FabDJ]

This thread is so old I'm probably just writing to myself to see what it sounds like in print.

I would agree in purchasing a licence to play an artists music in public for gain whether for money or for charitable purposes.

I dont agree that a licence is required to download your cd's to a pc for the convenience of playback or transport to locations.

That is equivalent to charging a tax for carring your cd's in a bag and not in your hands.

CD digital to pc digital is not in my opinion a change of format but a change of storage medium.

[GuptRX]

CD digital to pc digital is not in my opinion a change of format but a change of storage medium.

its counted as "making copies" of the music, which requires a license.

[DjDennis]

jaytee guess what the cost of CDs never went down...

when there wasnt the 10% GST there was a 24% sales tax (hidden) that everyone was charged

now when I worked at the record store many years ago the cost of a CD was

$24.00 (24% sales tax)

now look at what it is these days

same CD

$24.00 (10% GST)

so what happened it didnt go down that 14% ?

its still there!

I am talking all the NEW CD releases

so what can we do - NOT a bloody thing

one woman has been complaining since the GST came in and it always falls on deaf ears

so you look at online mp3's which are still over priced or dont buy at all

download illegally and you get busted well - you know about that!

so there u go , not good

soo if i wanna submit a mix to a radio station or local radio station which somebody posted somewhere on this forum b4, what do i need?? from a legality point of view that is

you would have to ask them - all stations have different policies....

[Cupe]

soo if i wanna submit a mix to a radio station or local radio station which somebody posted somewhere on this forum b4, what do i need?? from a legality point of view that is

someone answer this

[RichoKidd]

Fuck, glad I sat down and read this. Would have been a shit storm if I hadnt

[dim]

ok, old thread and i am in another country but i believe most of the copyright rules are getting globalised in some sense so...

a lot of djs post mixes etc on soundcloud and dont think twice about copyright. they get away with it because there is no income and so although they are in breach of law it is not economically viable for record company to bring a court case up. If no money has been earnt how can they collect fines?

personally i am on both sides of the coin: i dont produce as such but i am due royalties for sessions and other input done with bands on album recordings. as these are small bands I am fully aware how little the copyright royalty earns me, and this makes me more adamant that i will pay for music to promote the makers of it to make more. Without income for music we'd all need day jobs too.

i also dj though and its my living so i have ppl, prs and produb license (uk versions of aria etc, especially the produb license which lets me use traktor and other digital files.) I also have liability insurance, eqpt insurance and all my kit has to be properly cased and tested for safety.

I will post re-edits, mixes etc and consider myself advertising my skills along with the original artist, safe in the knowledge that i did pay for the song first, but if i am using a chunk of a tune as a sample on a new record i am releasing for income i sure as hell apply for sample clearance first through the standard routes, thing is: occasionlly the original muso lets you use it free anyway if they like your work.

[legunner]

that's bullshit, if i make a song i don't care if people play it or put it in their mix, i shouuld be happy that the person has bought the song and supported me through sharing it.

[tommykesh]

Once a song is finished and made avalible for the public, it should be become public domain.

If I ever chose to try and make it I would be making it a goal to have have my shit out their for any one to do with it as they so wished.

As just about all electronic stuff has little parts of other peoples expretion laced through out it.

ROYALTIES are for clue less and shallow hack execs who think PittBull is the "shit" and has "mad skills"

Real insperied stuff lasts for ever (thank you armen brake)

[chrismak]

Once a song is finished and made avalible for the public, it should be become public domain.

I disagree with this. Artists deserve financial support for their hard work. They have to pay the bills to enable them to produce more tracks.

[CapFive]

Once a song is finished and made avalible for the public, it should be become public domain.

I disagree with this. Artists deserve financial support for their hard work. They have to pay the bills to enable them to produce more tracks.

i agree with chris, if you spend time and blood sweat and tears on a track, the last you want is to be paid $200 and that's that, especially if someone then goes and makes double what you made with it...