Recording Performers Malaysia Berhad (“RPM”)

Recording Performers Malaysia Berhad (“RPM”)
Frequently Asked Questions (FAQ ) on Licensing
20 December 2013
1. Who is RPM?
RPM was incorporated as a limited-by-guarantee company on 18 October 2011 by eligible recording
artistes and musicians to collectively issue licences in order to receive and distribute royalties for RPM
members’ recorded performances.
2. Does the Government recognize RPM as a legitimate Collective Management Organisation (“CMO”) or
Licensing Body?
Yes. The Intellectual Property Corporation of Malaysia (MyIPO), an agency under the Ministry of Domestic
Trade, Co-operative and Consumerism (MDTCC) has officially declared RPM as a licensing body. A
Licensing Body certificate was issued to RPM on 6 March 2013 (copy attached).
3. Why does the long-established and MyIPO-declared Licensing Body for music recording companies,
Public Performance Malaysia Sdn Bhd (“PPM”) collect royalties on behalf of RPM?
For the licensing convenience of music users and in order to effectively utilize existing music industry
resources, RPM has appointed PPM as their exclusive agent to issue licences and collect royalties on
behalf of RPM members in respect of the public performance, broadcast or other communication to the
public of all commercial sound recordings containing their performances with effect from 1 January 2012.
4. Besides RPM, are there any other similar CMO representing recording artistes and musicians?
From our understanding based on newspaper reports, there appears to be another performer CMO
attempting to replicate similar functions. For further clarification, you may contact MyIPO (as per the
contact particulars below):
The Director General
Intellectual Property Corporation of Malaysia
Unit 1-7, Aras Bawah, Menara UOA Bangsar,
No. 5, Jalan Bangsar Utama 1,
59000 Kuala Lumpur
Tel. No.: 03-2299 8400
Fax No.: 03-2299 8989
Website: www.myipo.gov.my
5. What are the differences between RPM and the other performer CMO?
RPM is led by prominent local recording performers with Dato’ Hajjah Sheila Majid as the Chairperson of
its Board of Directors. RPM also has the full support of the Recording Industry Association of Malaysia
(RIM), PPM, Music Authors’ Copyright Protection Bhd (MACP), Persatuan Karyawan Malaysia (Karyawan)
and has additionally entered into formal arrangements for reciprocal representation of over 50,000
international recording artistes and musicians. Please refer to the attached joint industry media release of
16 August 2013 and joint RPM and Phonographic Performance
11 October 2013.
The other performer
6.
Limited (PPL) United Kingdom letter dated
CMO has neither such support and/or representation.
Why are there 2 similar CMOs representing
recording artistes and musicians? This is very confusing.
Under the Copyright (Licensing Body) Regulations 2012 Act, the declaration as a licensing body is made by
the Controller of Copyright i.e. MyIPO. For further clarification, you may contact MyIPO.
7.
Do I have to apply for licences and pay royalties to both RPM and the other performer
pay for either one?
CMO? Can I just
The major music industry bodies (RIM, PPM, MACP & Karyawan) strongly' urge' and recommend
that you
obtain a licence and pay royalties for RPM/recording performers via PPM which has a highly credible 25
year history of transparently servicing the music licensing needs of businesses in Malaysia.
You may additionally
8.
seek independent
legal advice and/or government
advice.
Why don't RPM and the other performer CMO merge into one since the rights of the relevant
performers represented are of the same nature and to avoid confusion to the music users?
Under the Malaysian copyright law, 2 or more right holders can form a society or organization and then
apply to the Government for approval to act as a CMO/licensing body. RPM was formed first with full
music industry support whilst the other performer CMO appears to have been set-up later. The authority
however lies solely with the Controller of Copyright to approve one or more societies or organizations as
licensing bodies to represent the same category of rights holders.
9.
How many members do RPM and the other performer
CMO have?
As at 1 December 2013, RPM represents over 450 local and 53,000 international
musicians.
Based on our understanding
representation.
from newspaper
reports, the other performer
recording artistes and
CMO has considerably
less
10. Previously PPM represented Performers & Artistes Rights (Malaysia) Sdn Bhd ("PRISM Sdn Bhd") for
the recording artistes & musicians but now PPM is representing RPM. Why?
The agency agreement
between
PPM and PRISM Sdn Bhd was terminated
effective
31 December 2011
and according to subsequent published news reports, PRISM Sdn Bhd is in process of dissolution. As the
recording industry CMO and subsidiary of RIM, PPM accepted the appointment by RPM to act as their
exclusive licensing agent with effect from
support recording artistes and musicians.
1 January 2012 as part of RIM's larger responsibilities
to
11. What happens if a licensing body ceases to exist?
In such an event and based on best practices, all royalties paid should be distributed
holders before dissolution.
to eligible right
2
12. Why do I need to apply for so many music licences (MACP, PPM, RPM) when I play music? Why can't I
just pay once to just one music licensing body?
For any music that you play in public, there are different
represented
by different
IMACP
CD
LINKING MUSIC
WITH BUSINESS
categories of right holders involved which are
licensing bodies. They are, as supported by the major music industry bodies:-
Music Authors'
Copyright
Protection
Berhad (MACP) which represents
the
composers, lyricists and music publishers that have exclusive rights to musical works
PPM which represents the recording companies/labels
sound, music video and karaoke recordings
RPM which
represents
recording
artistes
and
that have exclusive rights to
musicrans
remuneration (fair payment) rights for their sound recording
also refer to the answer to FAQ No.7 above).
13. Not too long ago there were a lot of media reports
performers' CMOs. Have the problems been solved?
These problems are transitional
highlighting
who
have
equitable
performances
the internal
problems
(please
of the
in nature and are expected to be resolved in the near future.
14. If I don't apply for RPM licence, what would happen?
If businesses publicly play RPM members' recorded performances without prior permission or licence
from PPM, they will risk legal action being taken under the Copyright Act 1987 against them and also risk
losing the goodwill of the major music industry bodies.
15. Will there be any more new licensing body in the future?
Please refer to the answer to FAQ NO.6 above.
16. How may I contact RPM?
For Licensing matters, please contact:
For Membership
The Licensing Department
Public Performance Malaysia Sdn Bhd
L-8-2, s" Floor, Block L
No.2, Jalan Solaris, Solaris Mont Kiara
Ms. Maisy Yao, Manager
Recording Performers Malaysia Bhd
L-8-2, s" Floor, Block L
50480 Kuala Lumpur.
Tel: +603 6207 2888
Fax: +603 6207 2999
Email: [email protected]
matters, please contact:
No.2, Jalan Solaris, Solaris Mont Kiara
50480 Kuala Lumpur.
Tel: +603 6207 2988
Fax: +603 6207 2901
Email: [email protected]
3
AKTA HAK CIPTA 1987
PERATURAN-PERATURAN HAK CIPTA (BADAN PELESENAN)
2012
SIJIL PERISYTIHARAN BADAN PELESENA~ .
[Seksyen 27A]
No. Perisytiharan
LB20120002
Badan Pelesenan
Recording Performers Malaysia
Berhad (RPM)
(No. Syarikat: 964784-U)
Tarikh Perisytiharan
: 6 Mac 2013
Pada menjalankan kuasa-kuasa yang diberikan kepada saya di bawah
Akta Hak Cipta 1987 (Akta 332) dan Peraturan-Peraturan Hak Cipta
(Badan
Pelesenan)
Recording
2012,
Performers
dengan
Malaysia
ini
Berhad
diisytiharkan
(RPM)
(No. Syarikat: 964784-U) sebagai Badan Pelesenan selagi mana
ianya mematuhi
peruntukan Seksyen 27A Akta Hak Cipta 1987
(Akta 332).
DATO' AZIZAN MOHAMAt>SIDIN
PENGAWAL HAK CIPTA
MALAYSIA
R
p
M
IM\A<CP
LINKING MUSIC
WITH eUSINESS
From Left to Right: Norman Abdul Halim, Chairman of RIM, Puan Habsah Hassan, Chairperson of MACP, Dato' Sheila
Majid, Chairperson of RPM, Adrian Lim, Chairman of PPMand Dato' Freddie Fernandez, President of Karyawan
JOINT MEDIA RELEASE
RPM RECEIVES FULL SUPPORT FROM MUSIC INDUSTRY
PLAYERS
16 August 2013, Kuala Lumpur - The key local music industry players, namely Recording Industry
Association of Malaysia (RIM), Public Performance Malaysia Sdn Bhd (PPM), Music Authors' Copyright
Protection (MACP) Berhad and Persatuan Karyawan Malaysia (Karyawan) officially expressed their full
support to Recording Performers Malaysia Berhad (RPM) in a show of unity, for the benefit of the music
industry, in a joint statement made today.
Dato' Sheila Majid,
by the key players
musicians, should
income for us. We
together as one."
the Chairperson of RPMwas extremely grateful with the endorsement and support given
in the music industry. She said "All performers in the music industry, be they singers or
place great importance on this aspect of their careers as it is an additional source of
must ensure we gain our fair dues and this could only happen if we are united and stand
"RPM only represents recording artistes and recording rnusicrans ("recording performers") and our
membership does not include dancers, actors, comedians, students, etc. simply because our royalty
collections is based on audio recording air play and public performance. We are very clear with our objective
and we will collect and distribute royalties collected accordingly only to recording performers pursuant to
Section 16B under the Malaysian Copyright Act, 1987. We acknowledge that MACP and PPM have being
doing a splendid job for the past 23 years for the song writers and record labels respectively and we want
1
to follow the best possible practices and we are determined to maintain transparency and fairness in the
collection and distribution of royalties amongst the recording performers represented by RPM", stressed
Dato' Sheila Majid.
"RPM places strong emphasis on democratic representation and transparent operations as there were
numerous complaints and issues raised by recording performers in these areas in the past. We urge fellow
artistes and musicians who have queries on their past royalty distribution to support Nan Alias in his request
to audit the distribution done by the previous performers body prior to 1't January 2012", said Dato' Sheila
Majid.
RPM has commenced collection with the full support extended by PPM, RPM's exclusive collection agent
with effect from 1st January 2012 onwards. "We should move forward together in support of each other
and fight for our rightful representation and with the full commitment and support extended by RIM, MACP,
PPM and Karyawan to RPM, we, as members of RPM can all expect a brighter future and better income from
this day on God willing", said Dato Sheila Majid.
"We strongly believe that the music industry will definitely do better if everyone in the industry stands
united and support each other. Record companies, publishers, composers, lyricists and recording
performers, who are involved in a production of a sound recording should be supporting each other in order
for the music industry to continue growing rapidly", said Encik Norman Abdul Halim, Chairman of RIM. RIM
currently represents almost 300 recording companies and businesses, all of which are involved in the
production, manufacturing and distribution of local and international sound, music video and karaoke
recordings. He added that RIM will urge all its members to support and ask their recording artistes to join
RPM.
"We are the collecting body representing composers, lyricists and publishers since 1989 and we are thankful.
for the trust and recognition given by various parties which attributed to the success of MACP. Without
these composers, lyricists and publishers whom have remained united under MACP, we will not be where
we are today. As elected members on the Board, it is our commitment to plan and decide in the best
interests of our members" said Puan Habsah Hassan,the MACP Chairperson.
"We fully support RPM as we believe they are doing the right thing for their members in a transparent and
democratic way and we encourage recording artistes and musicians to come together to support RPM",
added Puan Habsah Hassan.
Mr. Adrian Lim, the Chairman of PPM said "A licensing body since 1988, PPM has extensive manpower and
resources to support RPM in terms of collective services throughout the country. With the support
extended by PPM, it will be more cost-efficiency for RPM and therefore, members of RPM will be able to
enjoy higher distributable royalties."
Dato' Freddie Fernandez added "Karyawan is calling all eligible recording performers to join RPM as we
believe that RPM is the future for all recording performers. As the body representing artistes in the country,
we will be working closely with RPM to encourage all recording performers who are members of Karyawan
to register with RPM. Let us extend our full cooperation and support to RPM and ensure the success of its
management in achieving their objective"
Encik Norman Abdul Halim, Puan Habsah Hassan, Mr. Adrian Lim and Dato' Freddie Fernandez, as
chairperson of their respective organisations in the music industry unanimously confirm their full
commitment to RPM and to work hand in hand for better transparency and more effective operations for
all.
2
With the pledge by RIM, MACP, PPM and Karyawan, and the determination of RPMto carry out its collection
objectives, the music industry is set to look forward to better things through unity, fairness and prosperity
for all its members.
For more information, please visit www.rpm.my, www.rim.org.my, www.ppm.org.my, www.macp.com.my
and www.karyawan.com.my or contact:
Ms. Maisy Vao, Manager, RPM
Email: [email protected], Tel: 03 6207 2988
Ms. Jumiza Judin, Senior Executive, Events & Communications, RIM and PPM
Email: [email protected], Tel: 0362072976
Ms. Chan Miew Lan, General Manager, MACP
Email: [email protected], Tel: 03 6207 8638
Dato' Freddie Fernandez, President, Karyawan
Email: [email protected], Tel: 012 207 1400
3
Date: 11 October 2013
To whom it may concern:
RE: Confirmation of Intention For Reciprocal Representation of Recording Performers
We, the undersigned hereby confirm as follows:
(a)
Phonographic Performance Limited ("PPL"), UK's Performer Board has authorised PPLto negotiate
and subsequently enter into an agreement .tc appoint Recording Performers Malaysia Berhad
("RPM") to exclusively represent PPL's recording performers members (53,000 currently); and for
the licensing of their rights in Malaysia pursuant to Section 16B (public performance and broadcast
of sound recordings) of the Malaysian Copyright Act 1987 and any amendments thereof; and
(b)
RPM intends to appoint PPL to collect and distribute the equitable remuneration due to RPM's
recording performers members (430 currently) in the United Kingdom pursuant to Section 182D (1)
(equitable
remuneration
for public performance and communication
to the public) of the
Copyright, Designs and Patents Act 1988 and any amendments thereof.
For any clarification, please contact Mr. Laurence Oxenbury at [email protected] for PPLU~
and Ms. Maisy Yao at maisy@rpm,my for RPM.
Thank you.
Yours faithfully,
v>:
Laurence Oxenbury
Director of International
Yours faithfully,
Recording Performers Malaysia Berhad
~~~/
/
Data' Hajjah Sheila Majid
Chairperson
.,
Phonographic Performance Limited:
Address: 1 Upper James Street, London, WIF 9DE
Tel No. : 0207534 1000
Website: www.ppluk.com
Recording Performers Malaysia Berhad :
Address: L-8-2, 8th Floor, Block L, No.2, Jalan Solaris, Solaris Mont' Kiara, 50480 KL
Tel No. : 603 62072988
Website: www.rpm.my
Date: 9 February 2012
To Whom It May Concern
APPOINTMENT
OF PPM AS AGENT TO ADMINISTER
RPM MEMBERS'
PERFORMER RIGHTS IN SOUND RECORDINGS
I, Dato' Hajjah Shaheila Binti Abd Majid on behalf of Recording Performers
Malaysia Berhad ("RPM") and in my capacity as the Chairperson of the
Board of Directors
of
RPM hereby
confirm
that
Public
Performance
Malaysia Sdn Bhd [173608-V] ("PPM") of L-8-2, s" Floor, Block L, No.2,
Jalan Solaris, Solaris Mont' Kiara, 50480 Kuala Lumpur, is fully empowered
and authorised to issue licences and collect royalties for and on behalf of
RPM's members in respect of the public performance, broadcast or other
communication to the public of all commercial sound recordings containing
their performances, with effect from 1 January 2012.
I further confirm that RPM's members consist of artistes and musicians who
have fully authorized RPM via written mandate agreements to enforce their
performer's rights as conferred by the Malaysian Copyright Act 1987.
-:
Thank you.
~~ecH ;?'
,
1················ ··-/'-·.: ..·..·
·
···..
Dato' Hajjah Shaheila Binti Abd Majid
Chairperson
Board of Directors
RECORDING PERFORMERS MALAYSIA BERHAD
(964784·U
I
L-8-2, 8th Floor, Block L, No.2, Jalan Solaris, Solaris Mont' Kiara, 50480 Kuala Lumpur, Malaysia.
Tel: +603-6207 2988
Fax: +603-6207 2901 Website: www.rpm.my
Email: [email protected]