MCPS mandates and exclusions
As a member, you give MCPS the authority (mandate) to license, collect and distribute royalties for uses of their music or catalogue.
Below we detail the various mandates and exclusions that can be made if necessary.
Licensing and collection mandates
1. Audio-only CDs/LPs and retail DVDs/VHS
A) Audio Products (AP)
This mandate is automatically included in the agreement and is split into two types of licensing agreement:
- Sales Agreement Record Companies (AP.1/AP.6)
- Non-sales Agreement Record Companies (AP2/AP.2A)
MCPS will license all record companies which fall under the AP.1/AP.6 agreements, on the basis of net shipments and charge commission on the distributed royalties.
AP.1 companies account quarterly. MCPS will distribute royalties within seven working days of receipt.
Sales Agreement Record Companies (AP.1/AP.6)
You may wish to exclude a sales agreement company from MCPS collection. By doing this all AP.1/AP.6 companies will be excluded.
If you do this the collection of royalties will become your responsibility. Licensing will remain the responsibility of MCPS but a higher commission rate of 15% will apply.
Non-sales Agreement Record Companies (AP2/AP.2A)
You may exclude a record company on a manufacturing agreement provided the two are defined as related parties (refer to clause 16.20 of the Membership Agreement).
MCPS will continue to licence that record company, but you will collect royalties for your music.
B) European Central Licensing (ECL)
This mandate is automatically included in the Membership Agreement. ECL deals take place when one society collects royalties for sales throughout Europe and distributes them to the society in the country where the sale took place for onward distribution to the copyright owners. ECL royalties are distributed quarterly.
C) Retail Video Products (VP)
We will license all Video companies on your behalf. This includes both Sales Agreement and Non-sales agreement Video companies.
If you choose to exclude any Video company from MCPS licensing and collection, a higher commission rate of 12.5% will be charged on those we do license.
2. Blanket Licensing
This is automatically covered in the 'Membership Agreement'
3. Other Licensing
You may exclude the following from MCPS control:
- Theatrical Motion Pictures
- TV Advertisements
- Radio Adverts
- TV Programmes (unless covered by a broadcast blanket or the IPC scheme)
- Rental and Lending
- Digital memory devices
- Music quiz games
- Non-core covermounts
- Non-core karaoke
- Non-core exhibitions
For each of the categories above, you may elect to:
- Allow MCPS to license all users
- License directly, without the benefit of MCPS services
- Allow MCPS to license where MCPS receives the first enquiry. (This only applies to mandates for Theatrical Motion Pictures, TV advertisements, Radio Adverts and TV Programmes)
If you choose to exercise your right to an exclusion (refer to clause 3.8 of the Membership Agreement), it is your responsibility to provide us with all of the relevant paperwork prior to the release of the product.
If a new member, you should complete the AP.2/AP.2A Related Party Exclusion section on the Membership Application if your music has previously been released.