Digital DJ licensing
Encyclopedia
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, to publicly play digital copies of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
ed music. The license
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
allows a DJ to copy music from original cds
CDS
-Computing and electronics:* Cadence Design Systems, American Electronic Design Automation software company* Chromatography data system, software to control chromatography instruments* Cockpit display system* Compact Discs...
, vinyl
Gramophone record
A gramophone record, commonly known as a phonograph record , vinyl record , or colloquially, a record, is an analog sound storage medium consisting of a flat disc with an inscribed, modulated spiral groove...
or other media, to a computer's hard drive, an mp3 player or other digital audio players, for example to be used with a vinyl emulation software
Vinyl Emulation Software
Vinyl emulation software allows the user to physically manipulate the playback of digital audio files on a computer using the turntables as an interface, thus preserving the hands-on feel of deejaying with vinyl while allowing playback of audio recordings not available in phonograph form...
program, or in some cases to other digital media
Digital media
Digital media is a form of electronic media where data is stored in digital form. It can refer to the technical aspect of storage and transmission Digital media is a form of electronic media where data is stored in digital (as opposed to analog) form. It can refer to the technical aspect of...
, such as cd-r
CD-R
A CD-R is a variation of the Compact Disc invented by Philips and Sony. CD-R is a Write Once Read Many optical medium, though the whole disk does not have to be entirely written in the same session....
or MiniDisc
MiniDisc
The disc is permanently housed in a cartridge with a sliding door, similar to the casing of a 3.5" floppy disk. This shutter is opened automatically by a mechanism upon insertion. The audio discs can either be recordable or premastered. Recordable MiniDiscs use a magneto-optical system to record...
. In the countries where digital DJ licensing is used, the license is also required for playing music originally bought and downloaded directly on to a computer, usually in mp3
MP3
MPEG-1 or MPEG-2 Audio Layer III, more commonly referred to as MP3, is a patented digital audio encoding format using a form of lossy data compression...
or similar format, unless the license of the online music store explicitly allows the public performance of the downloaded tracks.
Reasons for licensing
The license usually has two separate functions: To allow a DJ to copy and digitizeDigitizing
Digitizing or digitization is the representation of an object, image, sound, document or a signal by a discrete set of its points or samples. The result is called digital representation or, more specifically, a digital image, for the object, and digital form, for the signal...
music from other sources to a computer's hard drive, and to allow playing of music bought from an online music store
Online music store
An online music store is an online business which sells audio files, usually music, on a per-song and/or subscription basis. It may be differentiated from music streaming services in that the music store offers the actual music file, while streaming services offer partial or full listening without...
. In the first case, a license is needed because a copy of the original recording is used, and in the second, because the copyright collecting agencies of the countries which require licensing hold, that music bought from online music stores such as iTunes
ITunes Store
The iTunes Store is a software-based online digital media store operated by Apple. Opening as the iTunes Music Store on April 28, 2003, with over 200,000 items to purchase, it is, as of April 2008, the number-one music vendor in the United States...
or Beatport
Beatport
Beatport is an online music store specializing in electronic dance music and culture. Beatport is a privately held company owned and operated by Beatport LLC and based in Denver, Colorado.-History:...
requires additional licensing before it can be played publicly, thus making downloaded music not comparable to cds and vinyl, which do not require an additional license on the DJ's part to played, as the venue
Music venue
A music venue is any location used for a concert or musical performance. Music venues range in size and location, from an outdoor bandshell or bandstand or a concert hall to an indoor sports stadium. Typically, different types of venues host different genres of music...
where the music is played usually pays for a music license which allows recorded music to be played. The reasoning for this is that music from online music stores is usually licensed solely for private use.
The licensing systems are emerging since DJs have started to transfer their music collections on to laptops for use with vinyl emulation software or other DJing tools for various reasons, including reducing the amount of baggage, ease of searching, and the ability to have a much larger collection available than what would be practical if the music was stored on a larger physical media; and because the copyright laws in some countries do not permit the professional and/or public use of copies, even if copied from legitimate sources.
Licensing by country
The need for a license, the details of it, and the costs vary from country to country. The license is usually issued by the national organizations which protect the intellectual properties of composerComposer
A composer is a person who creates music, either by musical notation or oral tradition, for interpretation and performance, or through direct manipulation of sonic material through electronic media...
s, lyricist
Lyricist
A lyricist is a songwriter who specializes in lyrics. A singer who writes the lyrics to songs is a singer-lyricist. This differentiates from a singer-composer, who composes the song's melody.-Collaboration:...
s, arranger
Arranger
In investment banking, an arranger is a provider of funds in the syndication of a debt. They are entitled to syndicate the loan or bond issue, and may be referred to as the "lead underwriter". This is because this entity bears the risk of being able to sell the underlying securities/debt or the...
s and performers; or by other organizations which are licensed to sell such licenses on their behalf. Sometimes the license takes the form of leasing
Leasing
Leasing is a process by which a firm can obtain the use of a certain fixed assets for which it must pay a series of contractual, periodic, tax deductible payments....
, and needs to be renewed yearly, and the track
Song
In music, a song is a composition for voice or voices, performed by singing.A song may be accompanied by musical instruments, or it may be unaccompanied, as in the case of a cappella songs...
s used under the license may not be used after the license expires, unless a new license is acquired. For example, in the UK the DJ is allowed to continue using the tracks copied under a previous license even after the license expires, while in Finland the tracks copied under license must be deleted after the license expires. Usually, the songs used do not have to be defined in advance. The songs used must be copied from legitimate sources, and it is not possible to legally play songs illegally downloaded, even if the dj has a license. It is not however always required for the dj to own the original recording, and for example copying music from a cd borrowed from a library may be allowed, but this varies between countries, being for example allowed in Finland but prohibited in the UK. Another common element of the licenses is that they are personal and non-transferable, and thus the copies may only be used by the person who originally acquired the license, and can not be borrowed or rented to a third-party.
Licensing in the UK
In the UK, a license must be obtained from the Phonographic Performance LimitedPhonographic Performance Limited
PPL is the London-based United Kingdom music licensing company which undertakes collective rights management of recorded music and music videos for public performance, broadcast and new media use...
(PPL), or one of its dubbing operators, and from the Mechanical-Copyright Protection Society
Mechanical-Copyright Protection Society
The Mechanical-Copyright Protection Society is an organisation that pay royalties to composers, songwriters and music publishers when a composition is manufactured into any format. This includes copies of the music alone such as CDs and downloads, and also products that use the music as a part of...
(MCPS). In 2006, The PPL created a license that allowed a DJ to use up to 20,000 songs and keep backup
Backup
In information technology, a backup or the process of backing up is making copies of data which may be used to restore the original after a data loss event. The verb form is back up in two words, whereas the noun is backup....
copies of these on a separate hard drive. The license did not allow the recording of live DJ mix
DJ mix
A DJ mix or DJ mixset is a sequence of musical tracks typically mixed together to appear as one continuous track. When a DJ mix or DJ mixset is recorded onto some medium, it is often referred to as a mix tape...
es, or burning
Optical disc authoring
Optical disc authoring, including DVD and Blu-ray Disc authoring , is the process of assembling source material—video, audio or other data—into the proper logical volume format to then be recorded onto an optical disc .-Process:To burn an optical disc, one usually first creates an...
music on to a cd. Furthermore, editing or altering of the original recording was not permitted. The PPL license had to be renewed yearly, and cost £200 plus value added tax
Value added tax
A value added tax or value-added tax is a form of consumption tax. From the perspective of the buyer, it is a tax on the purchase price. From that of the seller, it is a tax only on the "value added" to a product, material or service, from an accounting point of view, by this stage of its...
(VAT) per year. PPL did not announce how the use of the digital DJ licensing was going to be enforced or supervised, other than by advertising the need for the license and discouraging venues from hiring unlicensed DJs, under threat of "trouble with the law". In addition to this, the DJ also needed to acquire a separate license from the MCPS.
In 2008, PPL and MCPS created a joined license, named ProDub license, which covers the licensing for both organizations. The new licensing scheme is tiered, tier 1 costing £250 including VAT, and allowing the copying of up to 5,000 songs, up to tier 4 which costs £400 including VAT and allows the copying of up to 20,000 songs. This licensing system differs from the previous one in that it's not a form of leasing, and the songs copied under this license may be kept indefinitely. Furthermore, if the whole quota is not used, the remaining amount may be transferred to the next year, provided the license is renewed. This license also allows a backup to be kept, but does not permit the copying of music on to a cd-r, only allowing copies to hard drives of computers or other digital audio players. Also, it is required for the DJ to own the original media, and copies made from cds borrowed from a library or another source are not allowed. The licensors keep a database searchable by surname to allow venues and other organizers to verify that their performers comply with the appropriate copyright laws. It should however be noted that DJs playing original cds and vinyls are legally allowed to do so without any licenses on their part, and are not listed in the database. MCPS does not require the licensees to report the songs used, but they are required to keep some form of a record of the copies made, that may be requested by the MCPS to be sent to them and/or allow them to verify the records. This form of licensing is similar to the previous model in the sense that it does not allow live DJ mixes to be recorded.
By itself the new licensing model does not allow the copying of karaoke
Karaoke
is a form of interactive entertainment or video game in which amateur singers sing along with recorded music using a microphone and public address system. The music is typically a well-known pop song minus the lead vocal. Lyrics are usually displayed on a video screen, along with a moving symbol,...
tracks that include on-screen lyrics, but for an additional fee the coverage is extendable to include such tracks. The license also only allows music to be copied in the UK, and if the music is copied in any other country, the DJ needs to acquire permission from the copyright holders, or acquire a similar license from that country's copyright organization(s). Music copied in the UK can however be played in any country within the European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
without the need for additional licenses or permissions.
Licensing in Finland
In Finland, a license must be obtained from both TeostoTeosto
Teosto is the performance rights organization that collects royalties on behalf of songwriters and composers in Finland. Teosto is a member of CISAC.- See also :*Copyright collecting agency*List of CISAC members*Performance rights organization...
and Gramex, the Finnish organizations which protect the intellectual properties of composers and performers, respectively. The costs vary based on the amount of digital copies desired. The total cost of both licenses combined ranges from approximately 280€ for 1-300 songs to 600€ for up to 3,000 songs, prices including VAT. The licenses from both Teosto and Gramex are valid for a year. The Finnish licensing system does not permit backup copies of any kind, and having two copies of any particular song is considered the same as having two different songs; thus, both are deducted from the amount allowed by the license. The license does not discern between different target mediums, and music may be copied to any format. Usage of the license is enforced by random inspections by Teosto's inspectors. Punishments for lacking a license range from warnings to fines and reimbursements to copyright holders. DJs in Finland using the license are required by Teosto to submit reports of the songs used "upon request". Gramex does not require such reports for licenses for less than 3,000 songs.
An alternative to a yearly leasing license in Finland is to pay a one-time "re-mechanization" fee per track, which allows tracks to be copied to cd-r or other such media, and used for as long as the media exists. Backups are not allowed, and should the disc be damaged the fee will have to be paid again if the licensee wishes to use the same tracks again. While this type of licensing is cheaper in the long run for acquiring a large song library, it does not have the flexibility of the leasing system.
Licensing in Canada
In Canada a DJ license for the reproduction of sound recordings for the purpose of public performance can be obtained from the AVLA Audio-Video Licensing Agency Inc. (AVLA). DJ licenses can also be obtained through three national DJ associations, the Canadian Professional Disc Jockey Association Inc. (CPDJA) , the Canadian Disc Jockey Association (CDJA), and Canadian Alliance of Professional Entertainers (CAPE). All of these organizations have an agreement with AVLA which permits them to distribute and administer DJ licenses to their membership. Both the AVLA and the national DJ associations maintain online databases for consumer confirmation of licensed status.The DJ license available is a combination CDR and Hard Drive license which permits DJs to copy and compress sound recordings to a hard drive (MP3) for use as a professional DJ only. The license permits DJs to prepare CD compilations of AVLA member-label released music for use solely in their DJ business, and not for distribution under any circumstances. In addition, the license permits a DJ to have a back-up hard drive prepared and available in the event of a hard drive failure. The agreement stipulates that only original source media can be copied and the media must be owned by the DJ. Music from an MSS or AVLA licensed Music Supply Service (ERG, Multi Music, Promo Only, etc) CAN NOT be copied.
Downloading of music from iTunes and other online services is not permitted except in cases where such downloading service is licensed by the AVLA and approved under the licensing program. The license does not permit live DJ mixes to be recorded and/or Karaoke tracks to be copied. DJs playing original CDs and vinyl recordings are permitted to do so without any licensing requirements under AVLA.
This is an annual license that costs approximately $350.00 (CAD). Copied sound recordings under the license are not permitted to be used unless the annual license is renewed. Licenses are available through membership in the AVLA licensed national DJ associations at a lower cost and are included in national DJ association membership fees. Compliance with licensing requirements may be monitored through random inspections. Performing Rights in respect of sound recordings and musical works is handled by RE: Sound (on behalf of sound recording makers and performers) and SOCAN - the Society of Composers, Authors and Music Publishers of Canada (on behalf of authors and composers). Performing rights are paid by the venue rather than the DJ.
Criticism
The licensing system has been criticized by DJs as being unfair and overly expensive. The major points of criticism are the double charges for copying music from an original cd to a hard drive (first buying the CD and then paying for the license to make a copy), and the unintuitive differentiating between downloaded music and music bought on a physical medium, since the reasoning for allowing the latter to be played, but not the former is that digital downloads are only licensed for private use, but this is also the case for most cds. Why the venue's license to play music covers the physical mediums but not digital ones is unclear.See also
- Vinyl emulation softwareVinyl Emulation SoftwareVinyl emulation software allows the user to physically manipulate the playback of digital audio files on a computer using the turntables as an interface, thus preserving the hands-on feel of deejaying with vinyl while allowing playback of audio recordings not available in phonograph form...
- Copyright collecting agency
- Performance rights organization