Musicians' Neighbouring Rights Royalties


Frequently Asked Questions:

Q: What are neighbouring rights?
Q: What is Re:Sound?
Q: How does someone join Re:Sound?
Q: What if I am a member of SOCAN?
Q: How does Re:Sound collect revenues?
Q: How can I get money for my work?
Q: How do I know if the recording I played on is eligible for neighbouring rights?
Q: What is the Rome Convention?
Q: What is a "fixation"?
Q: What is private copying?
Q: What is the private copying levy?
Q: Who is eligible to receive Private Copying royalties?
Q: Can I assign my rights to MNRR if I am not a member of the CFM (union)?
Q: How do I assign my rights to the MNRR?
Q: How do I fill out the repertoire registration form?

Q: Does MNRR charge a fee for this service?
Q: I have assigned my rights, what do I do now?
Q: Do featured artists receive more than side musicians?



Q: What are neighbouring rights?      
A: Neighbouring rights is a term used to indicate rights of performers and producers to be compensated when their performances and sound recordings are performed publicly, broadcast, rented out, reproduced and/or otherwise commercially distributed. Royalties for broadcasting or public performances were once only provided to composers and lyricists under copyright law. Neighbouring rights provide compensation for performers and producers of sound recordings, whether or not the works themselves are copyrighted.

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Q: What is Re:Sound?
A: Re:Sound (Neighbouring Rights Collective of Canada) is a non-profit umbrella collective created in 1997 to administer neighbouring rights in Canada. Re:Sound is responsible to its member sub-collectives. CFM MNRR, ACTRA RACS and ARTISTI make up the performer collectives, while AVLA and SOPROQ the maker collectives. Neighbouring rights royalties are collected and distributed by Re:Sound on behalf of its member sub-collectives. Performers and makers are free to choose the Re:Sound member collective that will represent them for the distribution of these royalties.

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Q: How does someone join Re:Sound?
A: Members of Re:Sound are not individuals, but collectives that represent performers or makers of sound recordings. Performers and makers are free to choose Re:Sound member collective that will represent them. Performers and makers authorize a collective to represent them through an assignment, license or agency agreement.

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Q: What if I am a member of SOCAN?
A: That's ok! You can still receive neighbouring rights royalties which are distinct from royalties paid by SOCAN and/or any other rights societies. SOCAN (Society of Composers, Authors and Music Publishers of Canada) is responsible for administering the rights of composers, authors and music publishers, commonly referred to as performance rights, i.e. the public performance of their compositions, while Re:Sound is responsible for administering the rights of the performers and makers of sound recordings, commonly referred to as performer rights. In fact, if you are already receiving SOCAN royalties, there is a good chance that you should be receiving neighbouring rights royalties as well. Please see our resources section for links to some of these other organizations.

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Q: How does Re:Sound collect revenues?
A: The Copyright Board of Canada certifies the neighbouring rights tariffs to be paid by users of sound recordings in Canada. The Re:Sound has filed tariffs for 28 different types of users, including radio stations, restaurants, theatres, clubs and hotels. As each tariff is certified by the Copyright Board, the Re:Sound begins to collect revenues from that user group across Canada, and then distributes the revenues to performers and makers of sound recordings through its five member collectives. All payments are split equally between performers and producers.                                                                                                    

The Re:Sound is also a member of the Canadian Private Copying Collective, created to receive and redistribute private copying tariff revenues. Manufacturers and importers of blank audio recording media are responsible for paying the private copying levy.

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Q: How can I get money for my work?
A: As a performer, you must assign your right to receive royalties to one of the performer collectives. Once you sign up and provide your collective with a detailed list of your repertoire, they can determine if your recording appears in a sample of radio airplay. If it appears in the sample and it qualifies as an eligible recording, monies will be available for you based on what market it has played on, how often, etc….

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Q: How do I know if the recording I played on is eligible for neighbouring rights?
A: Essentially, a sound recording is eligible if: Its maker is an individual who is a citizen or permanent resident of Canada or a Rome Convention country, or the maker's corporation is headquartered in Canada or in a Rome Convention country, or all of the fixations for the sound recording occurred in Canada or a Rome Convention country. A performer's right to equitable remuneration is dependent on the eligibility of the sound recording. If a sound recording is eligible, then so are the performers, regardless of the nationality or country of residence.

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Q: What is the Rome Convention?
A: The 1961 Rome Convention for the Protection of Performers, Producers of Phono grams and Broadcasting Organizations is an international treaty under which countries agree that their neighbouring rights regulations will allow reciprocal treatment to rightsholders of other countries signatory to the Convention. As a signatory to the Rome Convention, Canada is open to agreements to pay foreign rightsholders whose sound recordings are broadcast or performed in this country, and vice-versa. About 91 countries have signed the Rome Convention, including the United Kingdom, Germany, France, Italy, Spain, Australia and Japan, but not the U.S.A.

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Q: What is a "fixation"?
A: For the purposes of neighbouring rights, a fixation can be defined as a recording leading to the making of the master recording. For example, the recording of the bass guitar in a rock band would be considered a fixation. The mixing and mastering of a recording is not considered a fixation. If the mixing and mastering of a recording occurs outside of a Rome convention country, the recording would still be eligible provided all the fixations occurred within Rome convention countries.

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Q: What is private copying?
A: Copying of pre-recorded musical works, performer's performances and sound recordings onto a blank medium, such as audio tape or cassette, for personal use.

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Q: What is the private copying levy?
A: An amount of money established by the Copyright Board on blank recording media made or imported and sold in Canada, payable by manufacturers and importers with the money collected being redistributed to eligible composers, lyricists, performers and sound recording makers through their professional associations or collectives.

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Q: Who is eligible to receive Private Copying royalties?
A: In order to qualify to receive Private copying royalties, you must have been a Canadian citizen or resident at the time that the recording took place.

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Q: Can I assign my rights to MNRR if I am not a member of the CFM (union) ?
A: That's ok. Membership with the CFM is not required. In fact, there are currently many non-members who have assigned their rights to MNRR. You may also maintain membership in other organizations. However, when it comes to your neighbouring rights, you may only assign your rights to one member collective.


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Q: How do I assign my rights to MNRR?
A: The first thing you need to do is fill out our forms - the Appointment and Authorization form and the Repertoire Registration form (these can also be obtained by mail, fax or via this website). Once you fill out these forms and return them to our office you are ready to receive royalties. In the meantime - Record more music! If you do record anything new, you can let us know by sending us a new repertoire form. Please note that you do not have to be a member of the CFM (union) to receive neighbouring rights royalties.

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Q: How do I fill out the repertoire registration form?
A: While filling out our form, it is important that you list every song rather than only the album name. Also, if you are not a featured artist, it is essential for you to include the names of the other musicians who performed on the session (as many as you can remember). If you already have all of this information on a spread sheet that you created, the linear notes that include your name, or on recording contracts - please feel free to submit this with the repertoire form. The more information we receive the better! If you do decide to submit your own records instead of using our forms, we ask that you make sure that your data contains all the information required in the repertoire registration form.

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Q: Does MNRR charge a fee for this service?
A: MNRR does take a minimal administration fee off each payment, however there is no fee to assign your rights to MNRR. In other words, we only charge an administration fee if you are paid royalties.

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Q: I have assigned my rights, what do I do now?
A: It is always important to update your repertoire when you have new material so that we can continue to include your most up to date work in our database. If you need any further assistance or information, or if you have any questions or concerns, please call MNRR office: 416-391-5161 or 1-800-463-6333. Alternatively, you can contact us by email at info@mnrr.ca. Other than that, record more music!

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Q: Do featured artists receive more than side musicians?
A: The current division of royalty payments for "pop" and "country" works out to 80% for featured performers and 20% for background performers.

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AFM

A service of the Canadian Federation of Musicians (CFM)
75 The Donway West. Suite 1010, Don Mills, Ontario M3C 2E9
Phone: 416-391-5161 Fax: 416-391-5161 Web: www.cfmusicians.org Email:
info@mnrr.ca


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