The Guild for Maltese Composers, Authors, Singers and Musicians - U.K.A.M. (Unjoni ta’ Kompo¿ituri, Kantanti, Awturi u Mu¿iċisti Maltin), yesterday held a Special Extraordinary Meeting at the Hotel Excelsior in Floriana. Musicians from all genres of music attended the meeting and the jam packed hall was an overwhelming feeling to all present.
With over 1,300 online members and an evergrowing database there is no question that this is history in the making! The prime agenda of this first meeting was the problem faced by all involved with the distribution of royalty earnings from the Performing Rights Society, (PRS for Music) London.. Representatives from the concerning Government authorities were present including the ministry of Culture and the Malta Council of Arts and Industrial Property Directorate of the Commerce Division. Nonetheless the local agent Dr Kevin Dingli was also present to give his comments in regards to this issue.
The new co-opted members, Mr. Howard Keith Debono, Mr. David Vella, and Dj Ruby were introduced to the attendees present whilst Mr . Lincoln Spiteri was proposed to be co-opted as the new secretary. Mro. Paul Abela and Afred C. Sant (Hon. Member), were amongst the existing board members present, namely Mario Axiaq (Treasurer), Stella Anastasi (PR), Joe Julian Farrugia, Carm Fenech, Fleur Balzan, Renato Briffa, Charles Azzopardi and Trevor Fenech . After a brief introduction by the Guild’s President, Mr H.J. Anastasi with a special reference to U.K.A.M.’s role, Mr Howard Keith Debono delivered an interesting and informative presentation where he tackled in detail the facts Malta faced and is still facing in regards to the Collecting Society licensed to operate in MALTA, better known as PRS .
He also outlined future agendas such as Permits, Funds, Festivals and Export, the Mechanical Statutory Rate and the Musicians’ and Producers’ Copyright. These would be tackled once the problem of collecting royalties for writers and authors is solved. Mr. Horace J. Anastasi, further re-assured the members present who might have other agendas at their priority list that all artists irrespective of their genre have something to benefit from U.K.A.M. and their interests and rights will be safeguarded and protected.
U.K.A.M. is proposing to send an official letter/statement to PRS for Music London, on behalf of the music scene stating that:
1. Using the year 2007 as an example, the suggested analogy and the € 0.56 Total Play Rate is too low and unacceptable. With the available play lists/charts as a realistic scenario the maximum distribution using this method for 2007 would result in 10.02%. (This also includes the Malta Allocation). The reasons have been explained in detail in the report and presentation and are not consistent with what has been reported by P.R.S., outlining the collection and distribution statement of 2007 stating that 52% was distributed to the local members. Therefore, U.K.A.M. is asking for a play rate of € 3.26 from 2000-2007 and € 5 from 2008 onwards. The play rate should be revised every year depending on the licenses collected.
2. The 26% Administration Fees imposed on the Maltese writers are not acceptable anymore. UK members do not have 26% administration fees deducted from their collected licenses per year BUT using once again the example year of 2007 , UK members only have 10.7% deducted form their collections. This goes against the fundamental principles of equality.
3. Tariffs could be reduced, encouraging all establishments to rectify their position. This can be a temporary measure. It’s probably wiser to “HAVE MORE AND PAY LESSS…..than HAVE LESS AND PAY MORE” especially when the education relating to copyright has been literally non-existent !
Moreover, U.K.A.M. is proposing that:
4. It should liaise with the respective Government bodies and the Copyright Board to suggest more effective licenses for the use of music in Malta (according to the Copyright Act). One of the suggestions would be to introduce a mandatory P.R.S. permit for all establishments and Live event promoters making use of music to operate legally. This can only be effective if there is a fair distribution to the local copyright owners and if such permit is mandatory to ALL establishments and music users.
5. P.R.S. should liaise with all broadcast stations to make sure all play lists are obtained from all the stations to ensure a fair and accurate distribution. It is further suggested that P.R.S. should offer incentives for the next 2 years to radio stations to send in their play lists. A radio station who sends in the play list weekly would qualify for this incentive scheme.
6. TV stations airtime royalty rates and logs need to be established and distributed accordingly. All other platforms making use of local music such as cinemas, internet streaming, You tube etc. need to be accounted for.
7. At least 3-5%, or similar guidelines of the gross income collected from Malta should remain in Malta and serve as a beneficiary fund (ex-gratia payment) available to the local writers in need. U.K.A.M. together with P.R.S. would liaise together to establish under what criteria would one qualify for such funds and how much. This would be in line with other collecting societies and the Copyright Act enabling P.R.S. to act as a collecting society. This will be discussed with P.R.S. and should they insist to keep the administration fees at 26% , U.K,A,M. is furthermore determined to keep 10% of these fees for the beneficiary fund. This is quite normal in other countries.
Last but not least it was proposed that if P.R.S. reply negatively or for no valid reason to U.K.A.M.’s proposed changes the Guild will take the matter to CISAC, EU Commission, the Maltese Government and local Copyright Board to revoke the license of P.R.S. in Malta until our demands are met and if necessary to start talks with other societies or discuss possibilities of having our own local society.
Royalties are vital in nurturing creative music talent. Music creators rely on recieving Royalties whenever and wherever their work is used. U.K.A.M.’s aim regarding this issue is to tackle it seriously, by negotiating and liasing with concerned bodies to secure a fair remuneration for the use of the music creators’ works. Music creators have the right to be rewarded for their creativity in the same way any other persons would be in their work!