Members’ Handbook – Repertoire
Section B – Repertoire
Notification of New Works
Via Online Works Registration Facility at www.imro.ie
1) The online works registration facility is available in the Member Services area of the website www.imro.ie. If the work is co-written, members must confirm to IMRO, via the online declaration, that they have notified all other contributors on the work that they are registering this work on their behalf and that all contributors agree to the share splits as indicated. Where members wish to notify several similar works, provided that the number of writers is the same and the contractual details and shares are identical, additional titles can be registered by using the Copy function on the work. Online works registrations are processed on a daily basis.
Via Paper Works Registration Forms
2) There are two types of paper forms which can be used to register works: a form for unpublished works and a form for published works. Unpublished work registration forms must be signed by all contributors on the work. Where members wish to notify several similar works, provided that the number of writers is the same and the contractual details and shares are identical, additional titles can be entered on the second page of the works registration form. Paper works registrations are processed on a weekly basis.
Via Paper Works Registration Forms
3) Work amendments must be submitted to IMRO on paper works registration forms. All original and new contributors to the works, for whom shares are being updated, must sign and date the amended works registration form.
4) IMRO follows international best practice where counterclaims or disputes arise in relation to the ownership of musical works. Where a new copyright owner claim conflicts with an existing copyright owner claim, then the new claimant must be able to support this claim with documentation within 60 days before that claim can be accepted by IMRO. In the meantime, IMRO will continue to pay the original claimant. If the new claimant can document its claim, then the original claimant has 60 days to produce documentation for its claim. If the original claimant has not answered within 60 days, they will be notified that their claim has been replaced by the new claim. If both parties maintain claim and can supply supporting documentation, then either party can seek to have the works placed in dispute and the relevant shares suspended pending agreement. As per IMRO Rule 6, Board approval is required to place a work in dispute.
Writers should note…..
Published Works (i.e. works assigned to a publisher).
1) It is the responsibility of your publisher to register works you have assigned to that company. Published works should not be registered by the songwriter with certain exceptions. For example, a writer may wish to register works which are published abroad only or if there are works registration delays on the publisher’s side.
2) Writers who are under exclusive contract to a publisher should ensure that they advise their publisher of all new works as they are written to enable the publisher to register the works.
Unpublished Works (i.e. works not assigned to any publisher)
3) Should be registered with IMRO as soon as possible. Members can submit details of performance and recording activity online or when submitting the works to IMRO.
4) Each writer has a unique eleven digit CAE / IPI Number. This number should be entered in the appropriate field in order to correctly identify the writer. If you are co-writing with other IMRO members or members of affiliated societies, you should ensure that your co-writer’s CAE / IPI Number is also entered. If you are unsure of your CAE / IPI number, please contact IMRO Membership Services.
5) Members should not register their arrangements of copyright works as no share of royalties is allocated to an arranger in such cases. HOWEVER ARRANGEMENTS OF PUBLIC DOMAIN WORKS SHOULD BE REGISTERED.
6) If a composer has written incidental music for a non-musical play, the playwright’s name should not be shown in the author’s column. If songs have been written for the play, their individual titles and other details should be separately indicated, making it clear who wrote the words.
7) Specially commissioned works for a film, television or radio programme (or series) or any other audio-visual production should, wherever possible, be notified under the generic score title only (e.g. “Film X – Theme and Background Music”). It is not necessary to notify each individual cue employed in an audio-visual work, except where the nature of the cue differs substantially from the rest of the score (e.g. another interested party is involved, or the work is a commissioned song). If available, the producer’s music cue sheet for the production this should be sent directly to IMRO’s Distribution Team.
8) Performing shares must add up to exactly 100%. Mechanical shares must add up to exactly 100%.
9) In completing works registrations, members should indicate their preference for a US performing right society to collect royalties on their behalf; either ASCAP, BMI or SESAC. Where no choice is made by the member, the default choice is ASCAP.
Publishers should note…..
1) All contributors to the work must be identified on the works registration. CAE numbers should be entered in order to ensure the correct contributor is credited.
2) When notifying Co-Published works or ‘Split Copyrights’, you are not required to indicate contractual details of interests other than that part of the work you are notifying. However, all interested parties, (i.e. all the names of writers and publishers involved with the work) and applicable shares must be shown.
3) All forms should always be signed and dated – for publishers’ notifications the full name of the publisher and the capacity of the signatories should also be provided.
The names of all writer and publisher members are entered, by the Society to which they belong, onto an international membership database, known as the IPI. This generates a unique CAE number for each society member. To protect confidentiality where writers register a pseudonym or where publishers trade under a different company name, a separate CAE number is allocated. Therefore, members may have more than one CAE number. In order to ensure work contributors are correctly identified, we request members to quote their CAE number when registering works and agreement details. If you are unsure of your CAE number, please contact IMRO Membership Services.
When registering a work, whether by a publisher or writer/composer, the IMRO member is declaring their copyright ownership of that particular work. Therefore, it follows that in the event of a dispute regarding ownership of works, the legal obligation rests with the publisher or writer/composer to prove ownership.
Publishers’ Notification of Writer/Publisher Agreements Procedure
1) Works previously notified by a writer which are now published should be submitted by the publisher to IMRO for amendment via paper works registration forms. The writer’s signature must accompany the signature of the publisher and the company name, except in cases where the publishing agreement has already been submitted to IMRO. Please ensure that the assignor’s and assignee’s CAE numbers are listed on the amended registration.
2) Performing shares must add up to exactly 100%. Mechanical shares must add up to exactly 100%.
3) In completing works registrations, publisher members should indicate their preference for a US performing right society to collect royalties on their behalf; either ASCAP, BMI or SESAC. Where no choice is made by the member, the default choice is ASCAP.
Publishers’ Notification of Publisher/Publisher Agreements Procedure
1) Types of Agreements
(a) General Catalogue Agreement:
Sub-publishing agreement between an assignor and an assignee which covers all works in the assignor’s catalogue. It can exclude individual works specifically assigned prior to the general catalogue agreement which, if known, should be listed.
(b) Part Catalogue Agreement: Sub-publishing agreement between an assignor and an assignee which covers a recognisable or defined segment of the assignor’s catalogue but not all works.
(c) Administration Agreement: An agreement between an assignor and an assignee whereby the assignee is appointed to administer or manage the assignor’s catalogue. (Please note there is no assignation of rights in an administration agreement, and the terms assignor and assignee refer to the parties involved)
(d) Specific Agreement: Sub-publishing agreement between an assignor and an assignee which only covers specific works from the assignor’s catalogue, but not all works. The specified list would not normally be added to. A schedule of works should be submitted in the case of specific agreements.
2) Enter the name and CAE number of the assignor and assignee. In addition, enter the share of royalties payable to the assignee and assignor by the societies.
3) Enter the start and indicate end date of the agreement. If the agreement is subject to automatic renewal, tick the appropriate box.
4) Enter the territory covered by the agreement.
5) If all works in the assignor’s catalogue are to be assigned the box marked “All works” should be ticked. For a part catalogue or specific agreement, the box marked “Only works on attached schedule” or “All works excluding those on attached schedule” should be ticked and all included/excluded works should be listed.
6) Tick one or other of the boxes to indicate whether the assignee’s overseas sub-publisher is automatically controlled.
7) Tick one or other of the boxes, not both, to indicate what the agreement terms are. Manufacture terms apply when the assignee is able to collect royalties on records “manufactured” in the territory, irrespective of the country of sale. Sale terms apply when the assignee is able to collect royalties on records “sold” in the territory irrespective of the country of manufacture.
Act of Fixation
The attention of members is drawn to the fact that:-
Copyright in an original work does not arise until it is fixed in writing or by some other material form. Writing includes any form of notation, whether by hand or by printing, typewritten or similar process.
If an arrangement of a public domain work has not been written or recorded, no copyright is created. Merely notifying a work to IMRO will not bring a copyright of the work into existence. It is important that members ensure that all works registered with IMRO are in a material form. This is relevant both in the case of originally created works and in works based upon public domain material.
USA Cinema Licensing Fees
Film Synchronisation Right
Members have assigned their film synchronisation right to IMRO. This may be released to a member upon written request.