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Rights/Licensing to use commercial music - possible abuse of powers

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asked on Oct 10, 2009 at 06:46
by   vinc
edited on May 20, 2016 at 09:20
 
Recent account with these collecting societies has been very confusing and frustrating. This might be much ado about nothing. Hopefully its nothing.

A MACP personnel has claimed that its licenses has covered for public uses (background music and stage performances) of copyright works. The rights for collection of PPM is limited to tangible production/reproduction of such works (CD, cassette and so on). Thus, an event organiser for live performances and music accompaniment only needs MACP license.

What made the claim seems to hold are newspaper articles of press conferences held by MACP.

Another reason this claim seems to hold as well... the officer has nothing to gain except a good reputation for being honest. On the other hand, the officer has everything to lose if the claims he/she made caused losses to clients for failing to obtain all essential licenses.

Please also note that this is a veteran officer, not a newbie.

For a lay person, such claims may be logical as MACP represents the creators while PPM represents the recording companies. For a company needing those license, it is really an expensive affair, specially with PPM.

While the rightful people must be paid, these collection societies and/or their officers, might not be totally honest, works for a paycheck and commission, seems to be out of control. They regulate us but who regulates them.

Is there anyone out there can clear the air on this?

To make things worse, Prism authorised PPM to collect on its behalf. Now PPM has a double identity. This double role presents new opportunities for the irresponsible to abuse/exploit. Any irresponsible individuals can conveniently play either one or the other role but happily collecting fees on both PPM and Prism.

I cannot verify this but I have a very strong feel that officers of these collection societies earns a commission from all its collection,. With this duality, are PPM officers collecting what they are supposed to collect or has they lumped both PPM and Prism charges, thus maximizing charges to maximize their commissions.

Can anyone clear this?

Lastly, which government department authorised the below parties to make collection if other than Ministry of Domestic Trade & Consumer Affairs. This can be the lead for me to verify who is responsible for what; from the very party that gave them the powers.

Name: Public Performance Malaysia Sdn Bhd [PPM] (173608-V)
Year of Incorporation: 1988
Members: Recording Companies
Works Represented: Sound, Music Video and Karaoke Recordings
Website: www.ppm.org.my

Name: Music Authors Copyright Protection Bhd [MACP] (186403-X)
Year of Incorporation: 1989
Members: Composers, Lyricists and Publishers
Works Represented: Musical Works
Website: www.macp.com.my

Name: Performers and Artistes Rights (M) Sdn Bhd[PRISM](542747M)
Year of Incorporation: 2001
Members: Recording Artistes and Musicians
Works Represented: Performances embodied in Sound Recordings
Website: www.prism.org.my
(Prism has appointed PPM to collect on behalf of Prism - information can be found in Prism website)
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2 Answers

answered on Oct 22, 2009 at 00:10
by   notalawyer
One thing PPM people forgot to tell you is that
"Actually-ah, we don't cover every recording company...."
Of course they don't cover the thousands of recording companies worldwide.
So you go and buy the PPM license sticker and stick on your glass door and you thought you are safe.
One fine day, some executives from a Indonesian recording company will come and threaten you with lawsuit if you don't pay up because you played their song publicly 3 times last year, and oh they are not member of PPM.

The best thing is, ask PPM for a list of recording companies or songs they don't cover, then play those songs.
No need to pay anything.
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answered on May 11, 2016 at 15:21
by   Sigh
I have been faithfully paying royalties to PPM for years as I run a few Fitness centers. However, when one of my associates who was running a similar center decided to stop paying these fees, nothing happened to her. It's been 2 years since and she is still happily running her center. So I decided to investigate and called up PPM. To my shock, my account was not even listed and the officer who had answered my call kept asking me to contact the agent handling my accounts directly. So if my account is not listed with PPM, how come I have an account with an agent of PPM. Something's fishy here, I think.
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