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REPARTITION KEYS

REPARTITION KEYS


INDEX

 

  1. Works controlled by ACUM

     

  2. Characters table

     

  3. Work statement

     

  4. Allocation of shares

     

  5. Distribution guidelines for a musical work with or without arrangement and/or
    adaptation

     

  6. Publishing guidelines

  7. Distribution rights in popular music

  8. Distribution rights in a musical work with music arrangement

  9. Distribution rights in a musical work with lyric adaptation

  10. Distribution rights in a literary work.

  11. Distribution rights in serious and Dramatico-musical works

  12. Dispute Resolution Procedure

  13. Dispute Resolution Procedure between publishers (Counter Claim)

  14. Adjustments 

 



1. Works controlled by ACUM

 

a.ACUM controls works that can be defined as small rights according to the following:

 

  1. Musical work such as a song, serious music etc.

  2. Musical work incorporated into an original Musical.

  3. Musical work originally written for a Musical, Play & Opera and recorded
    under the condition that it is not the complete composition.

  4. Literary work such as poetry, prose, etc.

  5. Recitation in children's recordings.



b. The following types of works are excluded from ACUM’s control

 

  1. Dramatic or Dramatico-musical works: the entire musical
    theatrical performance (such as show, play, opera, musical
    including songs written specifically) which are defined as grand
    rights.

  2. Literary works: book, complete novel or a compilation of works which all have
    the same writer.

  3. TV and cinema script based upon a literary work.

  4. TV script: drama or programs compiled of skits and satire.

  5. Dubbed screenplay

  6. Cinema screenplay.

  7. Moderating words.

  8. Audio-visual/stage performances of skits and stand–up.


2. Characters Table

 

TYPE

WORK DESCRIPTION

CHARACTER

Included RIGHTS

Excluded RIGHTS

Mus.

Karaoke cellular

KA

X

 

Mus.

Mailbox cellular

MB

X

 

Mus.

Ringtone

RT

X

 

Mus.

Song and message cellular

SA

X

 

Mus.

Station IDS

09

X

 

Mus.

Program IDS

10

X

 

Mus.

Interlude

11

X

 

Mus.

Commercial Jingle

12

 

X

Mus.

Music for films

13

X

 

Mus.

Promo

14

X

 

Mus.

Light music (without lyrics)

15

X

 

Mus.

Instrumental music for dance/electronic music

25

X

 

Mus.

Songs, pop, rock and etc.

30

X

 

Mus.

Acapella for 3 voices

36

X

 

Mus.

Jazz

40

X

 

Mus.

Chamber music  1-2 instr.

50

X

 

Mus.

Chamber music 3-11 instr.

51

X

 

Mus.

Acapella for choir

53

X

 

Mus.

Electro-acoustic

55

X

 

Mus.

Musical

56

 

X

Mus.

Symph. /Chamber music For 12 instr. & more

57

X

 

Mus.

Dramatico-musical works

58

 

X

Liter.

Song and message

SA

X

 

Liter.

Commercial Jingle

12

 

X

Liter.

Promo

14

 

X

Liter.

Documentary/didactical TV or radio play

20

 

X

Liter.

Children Story

30

X

 

Liter.

TV script for  child/youth

31

 

X

Liter.

Dubbing

32

 

X

Liter.

Recitation

33

X

 

Liter.

Skit (only for radio broadcast)

40

X

 

Liter.

Literature (non- fiction)

45

X

 

Liter.

Prose

50

X

 

Liter.

Storyteller

51

X

 

Liter.

Poetry

55

X

 

Liter.

Dramatic works in prose

60

 

X

Liter.

TV series script

65

 

X

Liter.

TV drama and radio play

66

 

X

Liter.

Dramatico-Musical work

71

 

X

Liter.

Poetry

72

X

 

 

 

 

 


3. Work statement

  1. The member has to declare all new published works. The declaration should be on a manual or computerized form specifically for this purpose. This declaration is legally binding confirming that the writer has written, composed, arranged and/or adapted the work.

  2. Royalty's payment to the shareholder will be subject to a declaration on his works. ACUM is authorized to suspend any royalty payments until the declaration has been submitted.

  3. The society will do its best to inform the shareholder of his duty as stated above.

  4. If the society has not received a declaration from its member, after sending notification. After three years from the date of notification, the Board of Directors can reallocate the amount for distribution. Notwithstanding the foregoing, the Board of Directors is authorized to transfer these amounts to any of the society's funds - under clause 55.1 (8).



4. Allocation of shares

 

  1. Although ACUM allocates its members shares according to the distribution key, the members can decide amongst themselves on a different split as outlined.
    Under no circumstances can the publisher claim more than 50% of the entire work.
    A copy of the agreement between all the shareholders must be sent to ACUM.
    Any change in the split as a result of this agreement shall not apply retroactively for the royalties that were already distributed or in the case that ACUM has received the agreement adjacent to the distribution dates.

  2. The rules in this document apply to local repertoire. Regarding foreign repertoire, these rules will apply only if ACUM has not received information from the local publisher or the writer's society.
    Under no circumstances will the writer's share be less than 50% in accordance with CISAC regulations.

  3. When there is a publishing agreement with the writer, the publisher's share shall not be larger than the writers share.

  4. The registration of the shareholders share (composer, author and publisher is conditional to a signed declaration.

  5. The rules are applied to performing and mechanical rights, unless otherwise noted.

  6. Total shares of the work (percentage) are 100%.



5. Distribution guidelines of a musical work with or without arrangement and/or adaptation

 

  1. The arranger is entitled to a share subject to written approval from the composer. In case the composer is deceased, permission must be obtained by the composer's inheritors. The arranger will be entitled to receive royalties for his share from the day approval is registered in ACUM.

  2. If the work is composed and arranged solely by the same writer - the composer receives the full share according to his declaration.

  3. If the work is written by several composers and one of them is also the arranger - the composer receives his share subject to the approval of the other writers.

  4. The adaptor's share will be registered subject to written approval from the author. In case the author is deceased, permission must be obtained by the author's inheritors. The adaptor will be entitled to receive royalties for his share from the day approval is registered in ACUM.

  5. New music arrangement or text based on existing arrangement – the new arranger's share will be registered subject to written approval from the original arranger and the composer or author (respectively). The arranger's shares will be divided equally between both arrangers.

  6. Music arrangement or adaptation of lyrics commissioned by a third party, whereas the original shareholder is unknown, the arranger will receive his share subject to his signed statement. On his statement, the arranger is committed to reimburse the original shareholder in case a claim is submitted to ACUM.

  7. If ACUM is notified of a dispute among members, or involving members of an affiliated society, ACUM may, at its discretion, appoint a committee to discuss and decide on the best way to settle the dispute. The members will supply the committee with documentation/references proving the work's sources.

  8. Any alterations to the original text, excluding translation, a literary work based on non-copyright work (public domain) requires evaluation by a Literary Committee that will determine the extent of the creative element of the author claiming his name on this work.
    Abbreviations, addition and omission of words or lines from traditional or biblical texts, the adaptor is entitled to receive performance royalties, subject to the committee's decision. It is up to the adaptor to contact the literary committee in order to determine his eligibility and share of the work.

  9. A Composer who wrote a new work, using a non-copyright work (public domain) will be considered as the original composer of the work thus entitled to the full share.

  10. Text in Promo ID's and station ID's, require evaluation by the Literary Committee in order to determine the extent of the creative element of the author stating his name on this work. It is up to the author to contact the literary committee in order to determine his eligibility and share of the work.

 

 

6. Publishing guidelines

 

  1. A music publisher requesting rights must submit a declaration to ACUM containing the details of the publisher’s agreement with the artists or their legal representatives. The publisher’s share is determined according to the publisher’s agreement with the artist, and is calculated in accordance with the writer's share in the work. Agreements will not apply retroactively for the royalties that were already distributed or in the case that ACUM has received the agreement adjacent to the distribution dates.

  2. The publisher will be entitled to his share of royalties if he has proven that the work for which he is demanding rights was published in writing or on a commercial recording or demo, or, in the case of an orchestral work, the sheet music was published. ACUM may demand a copy of the work as published.

  3. The publisher must notify ACUM of any sub-publishing agreements that have been signed with a foreign publisher by using special forms as determined by ACUM from time to time. The form will state the publisher’s details, the period of the agreement and the territories to which it is applicable. The publisher cannot allocate to the sub-publisher more than his share of royalties according to the division key.

  4. A writer who has no local publisher representative must notify of any agreement signed with publishers abroad. Notwithstanding the aforesaid, in countries where mechanical rights are managed by publishers, not via affiliated societies, the publisher shall, with the writer's consent, be entitled to appoint a sub-publisher for the works, in order to collect all mechanical rights for the writer.
    ACUM may request royalties' statements received by the sub-publisher from the publisher, for auditing purposes.

  5. Regarding mechanical rights, the share of a writer whom is not a member of ACUM or of any affiliated society and who has signed with a publisher, his royalties shall be paid to the publisher until the writer becomes a member of a society. Once the writer becomes a member of ACUM or one of the affiliated societies, his shares will be registered according to the above key.



7. Distribution rights in popular music

 

  1. Composition with lyrics without music arrangement:
    Composer:      50%
    Lyricist:           50%
    Protected composition (music and lyrics) for instrumental performances (no
    use of lyrics):
    Composer:     66.67%
    Lyricist:          33.33%
    Composition initially published without lyrics:
    Composer:     100%.

  2. Sheet music or chords of a musical Work (music and lyrics) in print:
    Composer:    66.67%
    Lyricist:         33.33%
    Composition initially published without lyrics:
    Composer:    100%

  3. Lyrics of a musical Work (music and lyrics) as recitation and in print:
    Composer:    66.67%
    Lyricist:         33.33%
    A composition initially published without music:
    Lyricist:         100%

  4. Promos, station and program ID's:
    Composer: 100%
    when the work includes text, the author’s shares will be
    determined by the Literary Committee (clause 5.10).


8. Composition with lyrics with musical arrangement:

  1. Composition (music and lyrics) with authorized arrangement:
    Composer:        42.5%
    Lyricist:             45%
    Arranger:          12.5%
    12.5% arranger share is composed and reduced as follows:
    60% which are 7.5% from the composer
    40% which are 5% from the lyricist

  2. Composition (music and lyrics) with authorized arrangement subject to
    publishing agreement
    Composer & publisher:    44 %
    Lyricist & publisher:         46%
    Arranger:                         10%
    10% arranger share is composed and reduced as follows:
    60% which are 6 from the composer and publisher
    40% which are 4% from the lyricist and publisher

  3. Composition (music and lyrics) for instrumental performances (no use of lyrics):
    Composer:      59.17%
    Lyricist:           28.33%
    Arranger        12.5%
    Composition initially published without lyrics:
    Composer:     87.5%
    Arranger:       12.5%

  4. Sheet music or chords of a musical Work (music and lyrics) in print:

    Composer: 59.17%
    Lyricist:        28.33%
    Arranger      12.5%
    Composition initially published without lyrics:
    Composer:    87.5%

    Arranger:      12.5%

  5. Musical arrangement of domain public composition:

    Share of the arranger for performance rights:       12.5%
    Share of the arranger for mechanical rights:         100%
    The arranger share is subject to a declaration. The arranger may appeal to a Committee in order to obtain a share greater than 12.5% of performance rights.



9. Distribution rights in a musical work with lyric adaptation

  1. Musical Works with lyrics arrangement:

    Composer:                45%
    Lyricist:                     42.5%
    Lyrics Arranger:        12.5%

  2. Musical Works with lyrics arrangement with a publisher for the composer
    and/or the author’s share:
    Composer + publisher:       46%
    Lyricist + publisher:            44%
    Lyrics Arranger:                10%

  3. Words from a musical work with lyrics arrangement:

    Lyricist:                 59.17%%
    Composer:            28.33%
    Lyrics Arranger:    12.5%
    This type of work first published as lyrics without music:

    Lyricist:                87.5%
    Arranger:            12.5%

  4. Musical arrangement for text from the public domain:
    Arranger’s share of performance rights: 50%
    Mechanical rights: 50% (or 100% for works which are words without music). Arranger’s declaration is a required condition for registration of his share in the Work.

  5. Lyrics arrangement of a musical work based on text from the bible
    traditional sources:

    The arranger must appeal to the Literary Works Committee (appointed by the
    BOD) who shall determine his eligibility and share in the performance rights. Mechanical rights : 50%

  6. Medley based on a number of works which are public domain will be considered as a new work since there is originality in the choice of works and order thereof.
    Therefore the writers share will be 50% (in accordance with the Copyright Law,
    section 4 b).

 


10 Distribution rights in a literary work

  1. Author’s share of literary Work (prose, poetry): 100%

  2. Arrangement of text (translation, word changes) for literary text which is public domain:
    Arranger’s share will be registered subject to his declaration

    Performance rights:     50%
    Mechanical rights:       100%

  3. Arrangement of text (translation, word changes) for literary text which is not
    public domain:

    Arranger’s share will be registered subject to his declaration

    Performance rights:    50%
    Mechanical rights:     50%
    It is assumed that these translations are created subject to the original
    shareholders permission.

  4. Screening translation subtitles on TV:

The translator is entitled to his share for the screening of his translation on the subtitles, provided that either:

  1. The translation was published in writing and made public before being added to the program/film.

  2. The translation of a play was shown on stage or published in the play’s program.

  3. The translation for musical-vocal work such as opera and musicals was published in the program.

  e.   Distribution rights in literary works with musical background


Composer: 33.34%
Lyricist: 66.66%



11. Distribution rights in serious and Dramatico-musical works

 

  1. Composer’s share: 100%

  2. Choral Work – chamber music up to 11 instruments with vocalists:

    Composer:    58.33%
    Lyricist:         41.67%

  3. Symphonic Work– 12 instruments or more with vocalists:

    Composer:    66.67%
    Lyricist:         33.33%

  4. Dramatico-musical work, such as opera and musicals:

Composer:   50.00%
Lyricist:        50.00%

 

12. Dispute Resolution Guidelines

 

  1.  The guidelines are to determine how ACUM manages cases where there's a dispute or conflict between shareholders in a work, disputes regarding violation of copyright and/or disputes regarding ownership of copyright.

  2. The guidelines define the work process and do not determine whether a violation of copyright has occurred and who the shareholders are.

  3. The guidelines apply to cases where at least one party in dispute is a member of ACUM.

  4. These guidelines are in effect as of March 1, 2007, and apply to all
    cases where claims were filed as of March 1, 2007.

  5. The disputing parties must act reasonably in order to reach a solution in a peaceful manner.

  6. The disputing parties will provide ACUM with all documents required in order to handle the dispute.

  7. Royalties will be frozen in the following cases:
     

  • When a member of ACUM has filed a claim (in arbitration or in court) against another member of ACUM, and that the member has requested in writing (enclosing a copy of the claim) that ACUM freezes royalties for the disputed shares/work.

  • When a member of ACUM has filed a claim (in arbitration or in court) against a member of a sister society in light of a dispute concerning the copyright of a work, and that the member has requested in writing (enclosing a copy of the claim) that ACUM has frozen royalties for the disputed shares/work.

  • When a member of a sister society and/or a sister society has filed a claim (in arbitration or in court) against a member of ACUM in writing (enclosing a copy of the claim) that ACUM has frozen royalties for the disputed shares/work, ACUM will notify the member regarding the suspension.

  • ACUM will freeze the royalties in dispute where there are two conflicting publishing agreements for foreign catalogues/works. The agreements will be frozen in accordance with the Oct. 30, 2006 guidelines (clause 15).

  • When a court order or arbitration has been issued in Israel in accordance with ACUM’s guidelines.

  • Only in exceptional cases, where a dispute has arisen between two members of ACUM regarding copyright of a work in repertoire published by ACUM, and no claim has been filed – royalties will be frozen if it's approved by ACUM’s legal advisor and by ACUM's CEO. Royalties will be frozen for a period not exceeding 6 months. Notice giving reason of the suspension will be sent to the writers.

 

h. ACUM can request that a sister society suspends royalties for a work if all of the following conditions exist:

 

  • A writer, member of ACUM, is a party to a dispute regarding copyright of a work.

  • A claim has been filed (in court or arbitration) concerning the copyright of the work, and a copy of the claim has been sent to ACUM.

  • The writer, a member of ACUM, has requested in writing that ACUM acts on his behalf requiring the sister society to suspend royalties.


13. Dispute Resolution guidelines between publishers (Counter Claim)

 

  1. Requests to freeze royalties must be addressed to the legal department, and must include all the following information: name of the work in question, name of defendant, name of infringing work, the disputed share, petition and date of violation. In exceptional cases, where no petition has been filed and suspense is requested, the petitioner will specify his reasons. Should any information be missing, ACUM can demand it before proceeding with the request.

  2. Royalties will be frozen as per instructions from the legal advisor to the head of the documentation dept. that in turn will ensure suspension is registered and that all departments and relevant personnel will be advised of the situation.

  3. Royalties will be frozen within 5 business days from the date of receipt in ACUM; the legal dept. will send notice to the relevant parties including the service center.

  4. ACUM will freeze only the disputed shares in the work.

  5. The suspension will remain in effect until the completion of the legal process. In the case of an exception, where no legal process was initiated the suspension will be lifted at the end of the stipulated period.

  6. The disputed works will continue to be displayed in ACUM’s web site as they were before the petition was filed, however, next to the work there will be the following remark “under dispute”.

  7. Licenses for disputed Work

  • Blanket licenses, which include permission for usage of works from ACUM’s repertoire, will remain in effect even with regards to a frozen work.

  • Individual licenses: in the case where the parties to a dispute are both members of ACUM – ACUM will not issue individual licenses unless receives consent from both of them, in writing.
    When only one party involved is a member of ACUM, the members' consent is required in order to grant an individual license of the disputed work.

 



14. ADJUSTMENTS



Work procedure – minimum amounts for Debit/Credit
The object is to perform debits and credits only for sizeable amounts, with the aim of streamlining the process.

a. Debit/Credit to local shareholders
 

  • Minimal amount per debit/credit per work (for each shareholder) – NIS 20.

  • Minimal amount for debit/credit per writer – NIS 30, when dealing with a number of works for which debit/ credit is less than NIS 20.

  • For debit above NIS 500 per writer – notification must be performed to ensure that ACUM has the correct info.

  • Debit/Credit should not be made against royalty distribution carried out more than 3 years earlier, except by prior bilateral agreement.

  • In case of incorrect registration made by ACUM, the Debit/Credit will be carried out against prior distributions over a period of 7 years.

b. Debit/Credit to societies and local sub publishers representing foreign repertoire

 

  1.  Fees in Error
     

  • Incorrect payments to ACUM must be returned to a sister society or, alternatively, royalties ACUM paid to another society by mistake.

  •  

  • Fees in error exceeding $20 per work (or the equivalent thereof).

  •  

  • Fees in error exceeding $50 per shareholder (even if the individual amounts per work of the same shareholder are less than $20).

  •  

  • Royalties' reimbursement includes an explanation as to why the refund and to whom the society must pay these royalties.


 

II.   Debits/Credits


Adjustments made by a Society following an earlier incorrect royalty distribution to another Society.

  • Minimal amount per work - $20 (or the equivalent thereof).

  • Debits in the amount of $20 to $500 per work, have no need to obtain permission from the society to which the debit relates. The society must receive full information for the reason for the debit.

  • Debits over $500 per work (or the equivalent thereof) must be agreed upon between the two societies prior to the debit. However, if any objection raised cannot be resolved within six (6) months of the date of the first written notification, the debit may take place.

  • Debit/Credit should not be made against royalty distribution carried out more than 3 years earlier, except by prior bilateral agreement.

  • In case of incorrect registration made by ACUM, the Debit/Credit will be carried out against prior distributions over a period of 7 years.

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