How do I protect my copyrights to a work before I am accepted as a member of ACUM?
In order to protect your copyrights, it is recommended that you place the words of the songs or a recording of them in an envelope, including specification of the name of the writer, composer and date. Send the envelope to yourself via registered mail. When you receive the mail, keep the envelope sealed and save the mail receipts. A sealed envelope that was received is proof that you did indeed write the song. When necessary, the sealed envelope can serve as evidence in a court of law.
For what types of uses can I receive royalties from ACUM after registering as a member?
- Radio and television broadcasts.
- Music played on cellular phones (ringtones, waiting time, etc.).
- Sale of discs, DVD and cassettes.
- Playing in public venues, such as: event halls, pubs, clubs, local authorities, hotels, etc.
- Concerts and live performances.
- Printing of works (poem, short story) in books.
- Playing / downloading from websites operating under licenses from ACUM.
- Use of a work in a commercial.
- Use of a work in student films.
- Performances overseas.
From when am I entitled to receive royalties?
After you register, you can receive royalties retroactively for periods for which royalties were not yet paid to all ACUM members. Usually, this is for radio and television broadcasts over the 6 month period prior to your registration.
Are performers and instrumentalists also entitled to royalties?
Yes. Eshkolot is the Israeli association of performers, such as: singers, actors, etc.
Eilam – is the organization responsible for the rights of instrumentalists
When are royalties distributed?
Following are the dates for distribution of royalties and the types of uses for which royalties are distributed:
|1 February||1 May||1 August||1 November|
|Radio and television|
For months 7 – 12 in previous year
For months 1 – 6 in current year
|Sale of discs|
For months 1 – 6 in previous year
For months 7 – 12 in previous year
|Public performances (performances and playing in public venues)|
For entire previous year
|Cellular phone services|
For months 7 – 9 in previous year
For months 10 – 12 in previous year
For months 1 – 3 in current year
For months 4 – 6 in current year
|Royalties from overseas||+||+||+||+|
|Books / booklets||+||+||+||+|
* Royalties from broadcasts by cable companies, satellite company and regional radio stations are distributed once a year, with the date of distribution varying.
What are the royalty rates for playing on radio or television?
ACUM has signed agreements with the various broadcast channels. In agreements with each one of the broadcasting bodies, a royalty sum has been set based on: the scope of public usage, type of use, income or budget of the broadcasting channel, etc. This sum is divided for all the broadcasts that were recorded during the period, and according to this, a royalty sum per minute was set for each one of the channels. This sum varies from channel to channel. Each artist’s statement lists the sum based on his/her broadcasts.
I appear overseas and perform my works. How do I receive royalties?
ACUM is affiliated with sister associations for the protection of copyrights throughout the world. After you report the performance to ACUM ——–(link to form),——- ACUM will send a royalties request to the association in that country. (Royalties are transferred according to the distribution rules applicable in that country.)
Is it permitted to record a work without the artist’s permission?
In order to publish a new rendition of an existing song (if there is no change to the original work), the producer must contact ACUM, and not the creator, to obtain a license and pay royalties for use of the song.
If I sample an existing work, who should I contact?
Legally, use of words or lyrics is an infringement of copyrights, and therefore you must obtain permission from the original holders of the rights.
I wrote new lyrics / new music for a work that was published in the past with lyrics and music (whether a work in Hebrew or a foreign work). Who should I contact?
According to law, the lyrics and music are two separate works, and each has a separate status. Therefore, consent from the writer of the lyrics or original music is not required. It is recommended that you verify that the new work does not violate the moral right of the original creators.
What type of works does ACUM not handle?
• All types of scripts, including scripts that are translated for dubbing.
• Stage performance of sketches and stand up.
• Plays, operas.
• Entire novels or plays.
• Books that include a collection of works, all by the same creator, or works that are published for the first time.
Who needs an Internet license?
According to the Copyrights law, use of a work, or part of a work, requires the user to obtain a license from the owner of its copyrights. Copyrights to texts, song lyrics, compositions, scripts, plays, poems, articles, photographs and other works, are also valid on the Internet. ACUM is the owner of copyrights to Israeli works, and also represents holders of copyrights to foreign works: in order to include works from ACUM’s repertoire in a website, and in order to act in accordance with law, it is necessary to obtain an Internet license from ACUM for the use of these works.
What does an Internet license cover?
• Broadcasting of radio and television channels in a website.
• Playing songs and video clips in an On Demand / Streaming format.
• Display of texts, notes and lyrics.
• Integrating music into clips and films displayed in a website.
And if the music in the website is offered free of charge?
Most Internet content is offered to users free of charge. The fact that the user enjoys the music on the Internet for free does not exempt the website owner from payment of royalties to artists.
Who is paid if the website is on a server located overseas?
The location where the central economic operations of the websites owner are conducted determines from which copyright administration association the owner will receive the license. If the economic center is in Israel, ACUM must be contacted in order to obtain a license. If the economic operations are not conducted in Israel, the association in the country where the website owner’s central economic operations are conducted must be contacted. The list of association worldwide and their details are available in ACUM’s website.
Do copyrights also apply to the name / title of the work?
It is indeed difficult to prove an infringement of copyrights pertaining to a single word or just a few words, but it is not advisable to give a book a title that is identical to an existing book. Copying a name/title may constitute grounds for a claim for punitive damages (enrichment, theft, etc.). In case of doubt, it is advisable to consult with an expert (attorney specializing in Intellectual Property law).
What is a public playing license?
Any playing of a musical or literary work from the ACUM repertoire that is not performed in a private setting is considered public playing, even of no admission fees are collected. A public playing license by ACUM is required for every business that plays music to its customers from the ACUM repertoire, and this usually includes: artists’ performances, DJs, karaoke, playing radio, discs, cassettes, music from a computer, television or any other playing device.
Does payment to an artist or DJ include royalty payment?
When a business owner pays an artist or DJ performing in his/her place of business, payment is for the work alone, and does not include payment to the creators for performing their works in public. ACUM holds the rights to the works, and therefore it is necessary to obtain a license from ACUM if an artist performs his/her own works, and also if the artist or DJ plays works created by others.
Who is responsible for paying for a license in a family event?
The legislator determined that the responsibly for a music playing license at a family event applies to three parties: the owner of the events hall, the DJ (or singer) and the event ordered. The hall’s owner must verify that there is a license for the event, and not permit playing of music during the event if there is no license.
The sum for a license for a private event is 300 NIS + VAT, for any event, regardless of the size of the hall or number of guests.
We are holding a family event with background music only and no DJ. Must I pay ACUM?
Music at an event includes all music playing, including background music provided by the events hall. Even Brits (circumcision ceremonies) with background music only are also required to pay a sum of 300 NIS + VAT. Payment for the license can be made conveniently and quickly using a credit card, via the ACUM website or ACUM service representative, at:
Tel: 03-6113530, Sunday to Thursday, from 9:00 to 21:00.
The fee for a private event is 300 NIS + VAT.
What is the difference between ACUM and the Israeli Federation of Phonograms and Cassettes (IFPI)?
ACUM, as a creators association, issues usage license for works only, and does not represent record manufacturers. A distinction should be made between rights to a work (lyrics, music, adaptation) that are owned by ACUM and the rights to an original recording (discs, cassettes, etc. that were created from it), which are usually owned by the Israeli Federation of Phonograms and Cassettes or by PIL – The Israeli Federation of Independent Record Producers. These are separate and distinct rights, and therefore require separate licenses from different owners of rights.
Are there standardized rules for associations in the world regarding collection and distribution of royalties?
No – each association collects royalties based on the fees and conditions agreed to between the association and the various users in the country.
Each association collects and distributes royalties according to the copyright laws applicable in its country.
Each association distributes royalties to owners of rights according to dates and rules it sets.
How is the license price determined?
The license price is determined based on several parameters:
• Size of the venue and number of seats
• Are admission fees collected?
• Type of use: live performance, playing discs, playing music over the radio, etc.
• Is the music a central elements (for example: events halls, clubs) or secondary element (for example: a boutique in which music is used only as background)
There is a different fee for each sector, based on the above parameters