Frequently Asked Questions
If I sign an agreement with AVLA, can I still license my
repertoire directly?
Yes; AVLA is a non-exclusive licensing agency. This means that you
may sign direct agreements with anyone you wish. Any direct
agreement you sign will take precedence over your agreement with
AVLA.
If I sign an agreement with AVLA, does that mean that I
don't own my repertoire anymore?
No; AVLA does not, as a condition of its licence, require that you
assign your copyright to us. AVLA has a very limited mandate. By
signing an AVLA agreement you are giving us permission to collect,
on your behalf, revenue received from:
Reproduction and exhibition of your music videos by video pools
and broadcasters (television); reproduction of your sound
recordings for lease only to commercial subscribers; neighbouring
rights (communication to the public by telecommunication - e.g.
commercial radio); private copying (the levy imposed on the sale of
blank recording media that may be used to record sound
recordings).
How much does it cost to be a member?
AVLA retains up to 10% of all revenues collected as an
administration fee. If AVLA does not collect any revenue for your
company, there is no fee associated with your AVLA membership. If,
at the end of the fiscal year, AVLA discovers that our operating
costs were less than the 10% administration fee, we will distribute
the difference between what we spent and what we received to our
members, based on the share of total AVLA revenue represented by
the revenue reproduction of your sound recordings, and/or
reproduction and exhibition of your music videos.
I don't want AVLA licensees to reproduce my sound
recordings/music videos. I only want to become an AVLA member to
collect neighbouring rights and private copying remuneration. Can I
do this?
Yes. If you wish to become a member only for the purposes of
receiving neighbouring rights and private copying remuneration, let
us know and we will make sure your name is not on the Schedule "A"
of AVLA members. If your name is not on this Schedule, our
licensees may not reproduce your repertoire.
If you wish for only certain artists' repertoire to be restricted,
please let us know the artists' name and record company, and
whether the artists are to be restricted for audio, video, or
both.
How should I notify AVLA of changes/additions/deletions
to my repertoire?
Music Videos
As soon as your company makes a new music video, you should
contact AVLA and inform them of the artist, title and record label.
We will enter the title in our database to ensure that you receive
payment.
Sound Recordings
As soon as your company makes a new sound recording, you should
send a list of sound recordings to AVLA. This list should include
the following details:
Information Required by AVLA To Determine Eligibility for
Neighbouring Rights and Private Copying
| Description |
| *Information that must be provided in order to
receive remuneration. |
| *Title |
a list of all song titles in AVLA Member's repertoire |
| *Artist |
the name of the artist or group for each title |
| *Album Title |
| *Owner |
the owner of the recording is the person or company that owns
or controls its remuneration rights in Canada (AVLA member
name) |
| *First Maker |
the person or company who made or paid for the arrangements of
the recording |
| *Nationality of First Maker |
the country of the maker's headquarters or, if an individual,
their citizenship or permanent residence |
| *Country of Fixation |
the country in which all the elements of a recording and its
master were made |
| *Year of Fixation |
the year during which the master was made |
| Label |
| Date of Release |
release date of the album |
| P Note |
| ISRC Code |
(International Standard Recording Code for each song listed on
the album, the code begins with two letters (country code),
followed by ten characters i.e.: CAN119900002 (please visit www.avla.ca to apply for
an ISRC Registrant code). |
| Catalogue Number |
| Composer |
only required for classical music |
| Is the Artist Canadian? |
Yes or No |
How does AVLA determine who owns a sound recording/music
video?
There are two ways for AVLA to determine who owns a sound
recording or music video:
When you submit your repertoire to us, we enter it into our
database and attribute ownership to your company. If a licensee
uses a sound recording/music video that is not in our system and
informs us that you are the owner, we will input your company name
as the owner in our database.
What happens if more than one company claims ownership
in a sound recording/music video?
If more than one company claims ownership of a sound
recording/music video, AVLA will put the title on hold in our
database to ensure that no money is paid out until the conflict is
resolved, then contact both parties informing them of the
conflict.
It is then up to the parties involved to contact each other and
resolve the conflict. AVLA has no ability to negotiate conflicts on
behalf of our members. Once you have resolved the conflict, we
require confirmation of the resolution by both parties. We will
then update our database to reflect the correct owner, and release
any funds associated with the title to the appropriate party.
I saw my music video being broadcast on TV, and I'd like
to become an AVLA member so I can collect money for its
reproduction and exhibition. Can AVLA pay me money for broadcasts
of my video that took place prior to my becoming an AVLA
member?
AVLA cannot pay out retroactively. We can only begin to collect
money for use of sound recordings/music videos once we have
received your company's signed agreement. If we don't have an
agreement, we do not collect any money on your behalf; therefore
there is no money to disburse.
What are AVLA's payout periods?
September - November paid out end of March
December - February paid out end of June
March - May paid out end of September
June - August paid out end of December
AVLA begins collecting and paying out revenue for use of your
sound recordings/music videos once we receive your agreement and
your repertoire information.
When does AVLA pay out Neighbouring Rights
Revenue?
Neighbouring Rights Revenue payouts are done annually.
How do AVLA licensees obtain copies of my
repertoire?
There are two methods by which AVLA licensees may obtain copies of
your repertoire:
- purchase from a record store
- obtain promotional copies directly from your company
How do AVLA licensees obtain permission to use my sound
recordings/music videos?
Sound Recordings
If a licensee wishes to use your sound recording on a compilation
CD or CD-R that is leased to commercial subscribers, the licensee
must obtain permission from you prior to making any reproduction.
You will receive a list from AVLA's Clearance Administrator
requesting your permission to use certain titles. If you deny
approval, or do not reply to AVLA's request, the licensee will not
be permitted to reproduce the sound recordings.
Music Videos
If a licensee wishes to use your music video on a compilation VCD,
DVD or VHS that is leased to commercial subscribers, the licensee
must obtain permission from you prior to making any reproduction.
You will receive a list from AVLA's Clearance Administrator
requesting your permission to use certain titles. If you deny
approval, or do not reply to AVLA's request, the licensee will not
be permitted to reproduce the music video.
All other types of licensees do not need to obtain permission for
reproductions, although certain restrictions apply: - Licensees may
only reproduce sound recordings that have been released as singles
to radio - Licensees may not reproduce entire albums - Licensees
may not reproduce repertoire by any artist that appears on the
restricted artist list.
Sometimes AVLA licensees call me and ask me for direct
approval for use of sound recordings/music videos. Can I give
direct approval and then have AVLA bill them under their AVLA
agreement?
No. AVLA is a blanket, non-exclusive licensing agency and all of
our agreements are standard (e.g. each licensee who has a CD-R
agreement receives an identical agreement). The clearance process
is set up so that all licensees submit their tracks to AVLA on the
same day, and the list is consolidated and sent by AVLA to the
record labels for approval. If a licensee contacts you directly,
they are trying to gain a competitive edge over the other
licensees. By approving a track for one licensee and not all
licensees, competition issues may arise. If you would like to give
one licensee approval ahead of all of the other licensees, you must
charge them directly for use of that track.
If a licensee contacts you directly for approvals, please advise
them to request approval from AVLA through the clearance process.
That way, all of our licensees have a level playing field, and some
of your time will be saved.