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A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS www.apraamcos.com.au

A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

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Page 1: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

A GUIDE FOR MUSIC MANAGERS

AND SELF-MANAGEDMUSICIANS

www.apraamcos.com.au

Page 2: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

CONTENTS

What we do 4

Music rights and royalties 6

Joining and membership 10

Songwriting, composing and music publishing 12

Live performance and royalties 24

Supporting members 34

Resources 43

@APRAAMCOS2 3

Page 3: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

APRA AMCOS, WHAT WE DO

WHAT IS COPYRIGHT?We don’t copyright your songs. Copyright is free and automatic. Copyright is effective from the moment you write down or record the song you’ve created.

The Australian Copyright Act gives songwriters and composers the right to control how their music is used. So whenever music is played in public, the songwriter or composer who wrote it is entitled to royalties.

Copyright exists for 70 years after the songwriter’s death.

WE ARE A MUSIC RIGHTS MANAGEMENT ORGANISATION.• We’re here for the music. We help music creators get paid for their work.

• We’re a key business partner to Australasian music creators. We have more than 103,000 members globally who are songwriters, composers and music publishers.

• We license organisations to play, perform, copy or record our members’ music, and we collect and distribute the royalties to our members.

• APRA AMCOS enables music creators and customers to maximise the value music brings to business and life.

• We provide holistic industry support through projects and initiatives, education and skills development events; and recognition through our high profile awards and events program.

• We administer rights worldwide. We take care of royalties for our members through reciprocal agreements with other performing and mechanical right organisations all around the world. So when Australian and New Zealand songs and compositions are performed overseas, Australian and New Zealand writers get paid. 

These areas relate to the two basic rights administered by APRA AMCOS: the performing right (APRA) and the mechanical right (AMCOS).

APRAEstablished in 1926

AMCOSEstablished in 1979

APRA AMCOSJoined as an

administrative partnership in 1997

We are ONE organisation, with TWO areas of membership:

APRA and AMCOS.

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Page 4: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

TWO BASIC RIGHTS THAT APPLY TO SONGS AND COMPOSITIONS

PERFORMING RIGHT (APRA)The PERFORMING right is exercised when a song or composition is performed in public.

This includes:

• Played live at a gig, concert or festival

• Broadcast on TV or radio

• Streamed on digital services

• Played in a shop or restaurant

• Viewed on YouTube

• Used in an exercise class

• And more

MECHANICAL RIGHT (AMCOS)The reproduction or MECHANICAL right is exercised when a song or composition is copied in any form for commercial purposes.

This includes:

• Third party commercial products (e.g. a record label via CD, vinyl, DVD, cassette, stream, and download)

• Synchronising an existing song with a film or TV programme

• Sheet music

THE DIFFERENCE BETWEEN MUSICAL WORKS AND SOUND RECORDINGSA song or composition has two forms of copyright.

One is for the underlying composition, the other for the recorded version.

When a musical work (song or composition) is PERFORMED in public, it earns performance royalties for the individuals who wrote or own it.

When a sound recording is PERFORMED in public, it earns performance royalties for the label or artist/s that own it.

When a musical work is REPRODUCED for commercial use, it earns mechanical royalties for the individuals who wrote or own it.

When a sound recording is REPRODUCED for commercial use, it earns revenue for the label or artist/s that own it.

THE PERFORMING RIGHT THE MECHANICAL RIGHT

MUSICAL WORKS

(song or composition)

SOUND RECORDINGS

MUSIC RIGHTS AND ROYALTIES

WHAT IS A MUSICAL WORK? When we talk about musical works, we mean the music and lyric elements of a song or composition. We’ll refer to musical works as ‘songs and compositions’ in this Guide.

WHAT IS A SOUND RECORDING?

When we talk about sound recordings, we mean the recording of a song or composition.

AP

RAAMCO

S

RECORD LABE

LS &

PPCA

RECORDIN

G A

RTIS

TS

(Phonographic Performance Company of Australia)

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Page 5: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

Sales income

Performance income

Sync income

Mus

ical

Wor

k (P

UBL

ISH

ING)

Soun

d Re

cord

ing

(MAS

TER)

DIGITAL SALES1.98% of price

DIGITAL SALES7.02% of price

DIGITAL SALESwholesale price

STREAMINGrevenue share

STREAMING6 - 7.5% of revenue

STREAMING6 - 7.5% of revenue

SYNC, PRINT, LYRICS & DRAMATIC

CONTEXT

SYNC

PUBLIC PERFORMANCElicence fees (includes: live, background music, broadcast)

PUBLIC PERFORMANCElicence fees (includes: public performance, broadcast, communication)

PHYSICAL SALES8.7% of wholesale price

PHYSICAL SALESwholesale price

Songwriter/Composer

Publisher

AMCOS(mechanical

royalties)

APRA(performance

royalties)

Recording Artist

Record Company/

Aggregator/Distributor

(recordings royalites)

PPCA(recorded music

performance royalties)

Sync royalty rate per contract

Physical royalty rate per contractDigital royalty rate per contract

Streaming royalty rate per contract

PPCA royalty rate per contract

If registered with PPCA: 100% if no label contract / 50% if label contract

100% of fee 100% of fee if no label contract

maximum 50% of royalties if published*

100% of royalties if published

100% of royalties if no publishing contract

100% of royalites if unpublished / 50% minimum if published*

100% of fee if no publishing agreement

APRA + AMCOS royalties per publishing agreement

100% of royalties paid to label licensor if artist isn't registered with PPCA/ if registered with PPCA: 50% to the label (you, if you control the relevant rights), and 50% able to be shared between featured Australian artists (including you)

100% of fee if published

Sync, Print, Lyrics & DC

royalties per publishing agreement

* percentages may vary depending on agreement

ROYALTY FLOW GUIDE

Available at apraamcos.com.au/resources8 9

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YOU ARE ELIGIBLE TO JOIN...

APRA if• You write your own songs, and

you are a copyright owner of the song or composition AND…

• You or someone else performs your songs live OR

• Your songs are broadcast on radio or TV OR

• Your songs are available to stream online

• And, you are not a member of an overseas Performing Rights Organisation

DOES A WRITER NEED TO JOIN AMCOS?Things to consider when joining AMCOS:

• If you have a publishing deal, you do not need to join AMCOS.

• If all your songs or compositions are published, your publisher will collect the mechanical royalties your songs or compositions generate.

• For any works that are unpublished:

1. AMCOS can collect mechanical royalties on your behalf.

2. You may collect royalties on those songs and compositions directly from whoever reproduced the recording - usually the record company.

IMPORTANT: AMCOS is primarily a mechanical royalty collection service and does not play the role of a music publisher.

QUICK FACTS:1. Joining APRA

AMCOS is FREE

2. Membership for under 18s requires the consent of a parent/guardian

AMCOS collects members’ mechanical royalties worldwideAMCOS has reciprocal agreements with mechanical rights organisations around the globe – meaning your mechanical royalties are collected worldwide.

Some territories require individuals to set themselves up as a Publisher or use a third party music service to collect 100% of mechanical royalties, but as a member of AMCOS you do not need to do this.

Managing your APRA AMCOS rights: you have optionsAPRA AMCOS offers flexible options for managing your rights – we call these ‘opting out’ for certain music uses or ‘licence back’ one or more of your songs or compositions.

With opting out, you can decide to manage your rights for particular music uses – for example digital downloads. This means that you would take responsibility for the collection of performing and mechanical royalties for that type of music use while APRA AMCOS continues to manage your full repertoire for all other uses.

If a member wants to deal directly with someone in Australia or New Zealand to use one or more of their songs, APRA AMCOS will grant a Licence Back for the requested songs. APRA AMCOS will still control the performing rights in the song and will continue to license all other customers.

More info: apraamcos.com.au/yourrights

Manufacturing overseas? Contact AMCOS before getting started. If an AMCOS member is planning to have physical formats (CDs, DVDs, vinyl, cassette, et al) of an upcoming release manufactured in a country other than Australia or New Zealand, the member may be required to pay mechanical royalties before finished goods can be released.

Advice: contact AMCOS as early as possible in the production planning process to discuss your options. 

JOINING AND MEMBERSHIP

AMCOS if• You are a copyright owner of

songs or compositions (as the songwriter/composer and/or copyright owner) AND...

• At least one of your works has been released on a recording for sale to the public or has been reproduced on a production music recording AND...

• You are not a member of an overseas Mechanical Collecting Society

More info: apraamcos.com.au/howtojoin

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If you want to register more songs or compositions with the same sharer details, click the ‘Register With The Same’ button.

AS AN APRA AMCOS MEMBER, THE FIRST STEP TO GETTING PAID IS TO REGISTER THE SONG OR COMPOSITION.Before anyone gets paid for their songs or compositions being played or performed, the song or composition needs to be registered.

IMPORTANT:  If a member has an agreement with a recognised music publisher, the publisher should register songs and compositions on the member’s behalf.

1. Log in to your account at the member portal

5. Required for co-writes

Enter the percentage share for each co-writer of the song or composition. This will indicate how much they contributed to the song or composition and what percentage of the copyright they own.

NOTE: You only need to fill out this section if you’ve worked with a co-writer.

2. Go to the Works tab

3. Click the ‘Register Works’ button and select whether your song or composition is any of the below:

• Subject to a publishing agreement: The publisher should register the song or composition.• A remix of a pre-existing song or composition (you will need permission from the original copyright owners of the pre-existing song or composition to register it).• A jingle or music used in advertising.• Commissioned for film or television. If so, contact [email protected]

4. Enter the required information about your song or composition:

• Work (song or composition) Title• Alternative Title• Performer • Duration• ISRC (International Standard Recording Code). If you need an ISRC, contact ARIA.• Arrangement of Non-Copyright Work (only select YES if you have created an arrangement for a pre-existing song or composition that is no longer in copyright).

If unsure, please contact APRA AMCOS before completing this registration. • How many copyright owners? Enter the number of owners – including publishers. • Are shares to be split equally?

Step-by-step guide at: apraamcos.com.au/registerworks

SONGWRITING, COMPOSING AND MUSIC PUBLISHING

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REMIX AND SAMPLE GUIDELINES

WHAT IS A REMIX?• Remixes are sound recordings that have been altered, edited or

otherwise reworked to sound different from the original song. They typically feature some parts or samples of the original recording (even if these samples are altered in any way) together with new material composed by the remixer.

• Remixes are different from cover versions.

• Remixes are often commissioned to target a different market from the original version – clubs, radio, genre playlists.

WHO CAN REGISTER A REMIX WITH APRA AMCOS?• A remix can only be registered by the remix producer/ creator after they

have obtained the permission in writing and provided APRA AMCOS with a copy of the written agreement from the copyright owner of the original song.

• Sometimes the original song copyright owner does not give permission for the remix creator to claim royalties for the remix – e.g. a fee was paid for remix services – only the original copyright owner (songwriter/composer or publisher) of the song can register the remix.

WHO RECEIVES THE COMPOSITION’S ROYALTIES FOR A REMIX?A remixer may have been given permission to create and release a remix but this does not necessarily entitle that creator to register the remix with APRA AMCOS and claim royalties.

It is quite common for the copyright owner of the original song (usually a music publisher or original songwriters) to provide permission for a remix to be commercially released so long as they retain the copyright in the remix.

In this instance, the royalties for the remix will be paid to the songwriter and music publisher of the original song. 

More info: apraamcos.com.au/remixes

WHAT IS A SAMPLE?• The act of taking a portion or ‘sample’ of either a pre-existing sound

recording or a new field recording and using it as a device in a new song or composition.

WHO CAN REGISTER A SONG OR COMPOSITION CONTAINING A SAMPLE? • A song or composition containing a sample can be registered by the

music creator, but they must clear the sampled portion of the pre-existing work in the song or composition, as well as the copyright in the sound recording.

• The copyright owner/s of the sampled material is entitled to be credited in any new song or composition that it is used in.

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HOW TO DECIDE WHO OWNS A SONGLike any good relationship, songwriting collaborations work best when there’s mutual trust and respect. When discussing splits, it comes down to what co-writers are content with and what they think is fair. Here are some tips on how to approach the song split:

EXAMPLES OF COMMON CO-WRITING SPLITS

EQUAL SHARES Often, band members who write together – or co-writers – simply split their songwriting royalties equally between them.

Alternatively, writers within a band will also adjust the percentages if they feel that one person has written more than others. Have these conversations openly.

Not all band members may be writers.

MUSIC AND LYRICSTraditionally, songs were thought of in terms of Music and Lyrics.

50% ownership went to whoever wrote the music

50% ownership went to whoever wrote the lyrics

The way people create music today means that this definition doesn’t always apply. Some writers choose to expand splits to expand to take into account other musical elements like production, riffs, harmony, groove and arrangement.

NASHVILLE RULE‘Nashville Rule’ is a term used to give an equal percentage of ownership to EVERYONE who was in the room during the writing of the song, regardless of how much each person contributed. This is the method that APRA AMCOS employs at our SongHubs songwriting camps.

‘If you were in the room, you’re in the song.’

TOP LINERS AND TRACK WRITERSToday, music is often written collaboratively by a combination of professional top-liners (writers who specialise in words and melody) and track writers (writers who create chord structures and musical backings etc.).

Often producers are cut into songs if they have made a contribution to their writing and construction. At the top level of the industry, even artists are sometimes given a percentage, simply for lending their profile and fanbase to the song.

CAN SPLITS BE CHANGED AFTER THEY ARE REGISTERED?Once a song has been registered with APRA AMCOS, we require permission from ALL the of co-owners (including publishers) to change it. This can prove almost impossible if relationships within bands or between co-writers have broken down. Cultivate a culture of fairness and transparency within a band or writing partnership that can hopefully withstand arguments or a parting of ways.

AGREE – when possible, agree on how to approach the splits BEFORE the writing starts. Jam sessions happen, collaborations can be spontaneous, but always try to discuss splits at the start of the work.

REVIEW - when the song is finished, ensure everyone is happy about their percentage, and the percentage that their co-writers are receiving.

REGISTER – once there is agreement, make sure you register the song with APRA AMCOS immediately. Don’t wait until the song has earned money before this happens! If you have a publishing agreement, your publisher needs to register the work, so don’t delay providing that information to your publisher.

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Page 10: A GUIDE FOR MUSIC MANAGERS AND SELF-MANAGED MUSICIANS · their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

THE ROLE OF A MUSIC PUBLISHERTo increase the reach of their songs, songwriters and composers often sign deals with music publishers, who actively promote the work of their writers in return for a share of the ownership of their songs for a set period of time.

Unpublished artists own their own songs. APRA is able to collect their PERFORMANCE royalties, and AMCOS collects their MECHANICAL royalties, based on the agreements APRA AMCOS makes on their behalf, with the businesses we license.

The difference between what APRA AMCOS does, and what a publisher does is simple. Publishers work to promote and increase opportunities for their artists’ musical works to earn money. Publishers use their knowledge, experience and networks to generate new performances and reproductions of the works in their catalogue. They may also invest in a songwriter’s career development.

Some types of usages and placements that a publisher could secure are:• Music in film and TV• Music in advertisements• Co-writing opportunities• Organising other well-known artists to record and perform your songs

In return for this, they take a percentage of the OWNERSHIP of their artists’ copyrights (for a set period of time) and APRA AMCOS pays them a share of their artists’ royalties. Publishers will usually register songs or compositions with APRA AMCOS on behalf of their writers, and on pay a percentage of APRA AMCOS royalties to the writer in accordance with their publishing agreement.

IMPORTANT: You must provide us with your publishing agreements to ensure royalties are paid correctly. MORE INFO: apraamcos.com.au/what-does-a-publisher-do

WHERE DO THEY FIT INTO THE SONG OWNERSHIP PICTURE?

“Publishers work with songwriters’ rights differently depending on their strengths, career objectives and what the songwriter needs from their publisher. Generally, music publishing is the management of the songwriting process and the discrete rights in the songs.”

Marianna Annas, Head of ABC Music Publishing

WEIR WITH NO PUBLISHERS

Important to note: song splits vary

This is an example of a publisher agreement share (not Ella and Jesse’s

actual shares). See the royalty flow chart on pages 8-9.

WEIR WITH PUBLISHERS

Ella Hooper

Ella Hooper

Ella’s publisher

Jesse Hooper

Jesse Hooper

Jesse’s publisher

ELLA AND JESSE HOOPER

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LET’S TALK ABOUT BAND AGREEMENTSTo recognise the contribution of band members who don’t write songs, royalties from the SONG OR COMPOSITION are sometimes shared with the band members, for as long as they remain in the band.

In order to set out a clear framework for how this should happen, bands often sign band agreements. These are legal contracts to which all members of the band agree to.

Performance and/or Mechanical royalties can be paid by APRA AMCOS into a band account which is then shared between the members.

This allows the songwriters to still ‘own’ their song, while also ensuring that the other band members’ contribution is recognised – letting band members share in the band’s revenue for as long as they remain in the band.

A note on ABNs: APRA AMCOS membership is on an individual basis, and as such we can only accept individual/sole trader ABNs. Please consider any potential taxation obligations that may result from this.

WANT TO KNOW MORE ABOUT BAND AGREEMENTS?Arts Law offers advice and (free!) resources to bands and songwriters, including:

• Band Partnership Agreement Letter

• Contracts: An Introduction

• Music Copyright and Publishing for Bands and Recording Artists

• Session player releases

visit artslaw.com.au

HOW DO BAND MEMBERS WHO DON’T WRITE SONGS EARN ROYALITES?

BALL PARK MUSIC

THE WRITER / THE SONGSam Cromack wrote the song ‘It’s Nice To Be Alive’.

Each time the song is PERFORMED, Sam receives performance royalties.

Each time the song is REPRODUCED, Sam receives mechanical royalties for the reproduction of his work.

In Ball Park Music’s band agreement, there is a provision under which Sam then pays all the band members a share of his publishing income.

THE BAND / THE SOUND RECORDINGThe band performed on the original SOUND RECORDING of ‘It’s Nice To Be Alive’.

Each time the Sound Recording is PERFORMED the owner of the recording and the members of the band receive performance royalties. The percentage they receive will depend on the agreement the band has with the owner of the sound recording.

Each time the sound recording is REPRODUCED the owner of the recording earns mechanical royalties. These royalties will be shared with the band in accordance with any agreements in place.

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ASK A LAWYER: ADVICE FROM ARTS LAW SOLICITOR REBECCA SIMPSON, ON BAND AGREEMENTSQ: When does my band need a partnership agreement and what types of agreements are there? What should an agreement include and who needs to sign the agreement?A: Sometimes, negotiating and signing an agreement with other band members can be a bit awkward to discuss at first. But having an agreement in place can really help avoid problems down the track, and keep a band strong and happy for years to come. That means there should be a band partnership agreement in place as early as possible!

RESOURCE: ARTS LAW BAND PARTNERSHIP LETTER AGREEMENT template is available to adapt from their website artslaw.com.auQ: What sort of legal structure should the band be, and does this affect the agreement?A: A band usually operates as a partnership, which is exactly what the Arts Law Band Partnership Letter agreement is for. However, a band can sometimes have an alternative structure, for example being incorporated. Consult Arts Law with questions.

Q: Should an agreement outline how any income earned should be divided? How is this determined?A: Yes! There is an entire clause that deals with money in the band partnership agreement, helping the group decide, for example, whether to operate with a joint bank account or have a band member hold earnings in a trust account. We have included some notes explaining each clause in the agreement to help figure out which option will work for your situation.

Q: Does the group need a lawyer to draft the agreement?A: No, but I recommend having a lawyer review it.

Q: What happens if a member leaves? If a new member joins?A: A leaving band member may still be entitled to income relating to their ownership of copyright in any music, lyrics or sound recording, unless it is otherwise agreed and subject to any APRA AMCOS split.

When any band member leaves or if a new person joins, the old partnership ends, and the finances of the old partnership need to be wrapped up. If the remaining members wish to form a new partnership, this should be documented too.

WHAT IS ONEMUSIC AUSTRALIA?You might have heard about OneMusic. It’s been up and running in New Zealand for about five years. OneMusic Australia launched on 1 July 2019.

OneMusic Australia is a joint initiative between APRA AMCOS and PPCA, who have come together to issue joint music licences to businesses who use music – like venues, shops, gyms and any business that plays music in a public setting.

The licensing process has gone from two licences from two organisations to one licence from OneMusic Australia to cover songwriters and composers and the recording artists’ work. OneMusic Australia collects the licence fees from businesses and then splits the money accordingly between APRA AMCOS and PPCA. Each organisation then deducts the costs of running each of their own businesses and distributes the net licence fees (royalties) to members or licensors based on their own distribution practices.

The OneMusic Australia initiative is focused on public performance licensing for business and both APRA AMCOS and PPCA will continue to manage their other licensing arrangements (e.g. TV and radio broadcast, digital services) independently.

Find out more at the OneMusic Australia website at onemusic.com.au

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GETTING PAID FOR LIVE PERFORMANCES IN AUSTRALIA AND NEW ZEALANDWhen a band or performer plays in an licensed venue (pub, club, hall, café, etc.), or a composer’s piece is performed by a group, ensemble, soloist, etc., the works that were performed are eligible to earn songwriting royalties, which can then be claimed by filing a PERFORMANCE REPORT online via the APRA AMCOS website.

LIVE PERFORMANCE ROYALTIES ARE DISTRIBUTED ONCE A YEAR, IN NOVEMBER.Don’t delay! Retrospective Performance Reports are accepted for up to three years previous, but Writer Services needs to be contacted to arrange this.

NOTES ON ON-COSTINGWe are working with a number of live music venues that pass on the APRA live music licence fee directly to the performer.

This means that while they do pay a live music licence fee to APRA (via OneMusic), they charge that fee back to the headline performer.

What should a member do?

We will contact members when records indicate this may be the case and we will reimburse this amount to the relevant rights holders of the works performed at this show.

Questions? Contact [email protected]

TIP: If you are a DJ, jazz or classical composer, or you perform at school, ensure you select the correct ‘performance type’ option when submitting your PERFORMANCE REPORT.

SUBMITTING YOUR PERFORMANCE REPORTSWhat you need to provide:

For live performances for the period of 1 July to 30 June by by 31 July each year

• WHAT songs were played • WHERE they were played & • WHEN they were played

APRA AMCOS uses this information to calculate an equal across-the-board royalty rate for each performance.

PERFORMANCE REPORTS RESULT IN ROYALTIES TO MEMBERSA royalty for each performance is paid to the writer/s and any applicable publishers of the songs that were performed.

Royalties are paid per song per performance.

JEREMY NEALE

“Performance Reports help you get real world money in exchange for the real world admin of you submitting setlists from your shows throughout the year.”

APRA AMCOS Ambassador Jeremy Neale

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Performance Reports generally cover ‘non-promoted’ shows – a regular gig at the pub, a show booked directly by the artist and so on. We call upon members to self-report these to receive the live performance royalty.

If you play what is termed a Distributable Event (DE), a large-scale promoted concert/festival/event that takes place in Australia or New Zealand, we do not require Performance Reports to be filed, as we license the Promoter of the event directly.

• Responsibility lies with you as the performer to supply your setlist, including song durations, to the promoter

• The promoter must promptly supply setlists to APRA AMCOS (via OneMusic)

A ‘DE’ usually takes place in venues where live music is the sole purpose of the venue, such as venues for hire, arenas, etc. Examples include large festivals (e.g. Splendour in the Grass, Laneway), or a support slot of major touring artists.

ONEMUSIC licenses the event via the PROMOTER.

PROMOTERS collect setlists from performers and supply them to APRA AMCOS (via OneMusic).

APRA AMCOS uses this information to calculate a royalty rate for each song performed.

PROMOTERS pay a percentage of gross box office receipts (less credit card charges and ticket booking fees).

MEANWHILE

GETTING PAID FOR PROMOTED CONCERTS AND FESTIVALS IN AUSTRALIA & NEW ZEALAND

Use a similar box with arrows layout from earlier

THE FEEWe DIVIDE the APRA licence fee collected by OneMusic by the number of songs that were performed at the event.

Then, we pay the royalties earned by each song to the writers and publishers (if applicable) of that song.

The GREATER the value of the licence fee, the GREATER the royalty rate per song.

ROYALTIES GENERATED BY CONCERTS AND EVENTS IN AU/NZ are paid as part of the normal quarterly distribution schedule once we have recieved the licence fee and the setlists.

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OVERSEAS LIVE PERFORMANCES AND MUSIC USAGEIt’s hard to ignore the unprecedented success that Australian and New Zealand songwriters are having on the global stage and being a member means having international representation for music usage. When our members’ music is used in another territory, our affiliates collect money on our members’ behalf and then pay these royalties to APRA AMCOS and then we distribute directly to our members.

Music in ads, TV, film: alert Writer Services if a member’s music is used in an overseas advertisement or in film or TV, so the International Services team can ensure payment.

Report your overseas jingles via apraamcos.com.au/overseas-jingles

Live Performances: members SHOULD complete an Overseas Performance Report via the member portal for our International Services team to process, even if a setlist is filled out at a show overseas. This is not subject to the annual 31 July AU/NZ deadline - reports should be completed as soon as possible following shows.

EARNING ROYALTIES IN THE USALike most countries around the world, Australia has one Performing Rights Organisation (PRO) – APRA. In the USA however, there are multiple PROs. APRA AMCOS has reciprocal agreements with all four: ASCAP, BMI, GMR and SESAC.

If a member starts to earn royalties in the USA through the live performance or broadcast of works, one of these PROs will act on behalf of APRA AMCOS to manage their rights. As works can only be registered with one PRO, the member can choose whether their rights are designated through ASCAP, BMI, GMR or SESAC. 

IMPORTANT! APRA AMCOS automatically designates ASCAP to act on our members’ behalf unless we are advised within one month of a member’s notification of first-time US earnings. Choosing a USA PRO does not change a writer’s APRA membership, and all royalties, including overseas income, will continue to be paid by APRA AMCOS. Our agreements with international affiliates simply mean that we can offer a number of options.

HOW TO CHOOSEAs the member, it’s 100% your choice, so we recommend researching each PRO: ASCAP, BMI, GMR SESAC.

You will be notified by APRA AMCOS when USA royalties are earned for the first time. You then have one month to notify APRA AMCOS of your chosen PRO designation, otherwise your songs or compositions will automatically be designated through ASCAP.

When a decision is made, the APRA AMCOS Writer Services team must be notified. Note: changing PRO designation at a later date can be a lengthy and complicated process.

WHEN A PUBLISHER IS INVOLVEDIf you have a publishing deal in the USA (which includes sub-publishing agreements), it’s likely that the American publisher will have a preferred PRO. This means your publisher will register the songs or compositions through one PRO and the songs or compositions will be paid from that PRO.

If you would prefer to designate your songs or compositions through a different PRO, you should contact the APRA AMCOS Writer Services team to discuss your options.

If the publishing deal does not include the USA, you should choose a USA PRO designation and advise APRA AMCOS.

QUICK TIPS FOR OVERSEAS PERFORMANCE REPORTS:1. Register your works

2. Report (nearly) all gigs – this includes showcases, small club shows and festivals. Note: busking, church performances and private functions are exempt.

3. Not all venues are licensed and therefore a foreign society might not be able to collect royalties on your behalf – but we can try!

4. Deadlines – these are important and vary from territory.

5. Evidence – keep setlists, social media posts, posters, reviews for reference. Societies do sometimes request this for verification.

More tips at apraamcos.com.au/osperformancereports

OVERSEAS LIVE PERFORMANCE ROYALTIES ARE DISTRIBUTED ACCORDING TO THE DISTRIBUTION PRACTICES OF THE COUNTRY WHERE THEY WERE EARNED.

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The Sounds Australia team know music export. Since 2009, they have assisted more than 1500 Aussie artists showcase internationally and they can make things happen for members whether it’s Barcelona, Brighton or the Bluebird in Nashville.

More info at soundsaustralia.com.au

For more info on visas, banking, claims and more, visit apraamcos.com.au or contact Writer Services with any international queries.

INTERNATIONAL REPS AND CREATIVE AND BUSINESS SPACES IN LA, NASHVILLE AND LONDONIn the past decade, the international game has changed for Australian and New Zealand songwriters, composers and artists, with more opportunities for music export than ever before.

We don’t just collect overseas royalties on our members’ behalf, we’re also there to help when there is a showcase, tour or the big decision is made to relocate overseas.

We have member reps on the ground in Los Angeles, Nashville and London, who are there to provide opportunities for our members, host events, create networks and share vital local knowledge.

Bella Morris-Clarke– Los Angeles/New York – [email protected] Mark Moffatt – Nashville – [email protected] Adam Townsend – London/EU – [email protected]

BELLA MORRIS-CLARKEADAM TOWNSEND

MARK MOFFATT

Plus, we have business and creative spaces in all these cities for members and their management reps to utilise. • LA – Ignited Spaces Hollywood business space; studio space upon

request• Nashville – InDo complimentary writing rooms, meeting rooms, and

business amenities available; performance space available at special rates. 

• London – RAK Studios hot desk and writing room.

Contact Bella, Mark or Adam direct for availability.

Facebook Member Groups – join up and find out what’s happening in these territories:• facebook.com/groups/APRAAMCOSLA• facebook.com/groups/APRAMACOSNashville• facebook.com/groups/APRAAMCOSUKandEurope• facebook.com/groups/APRAAMCOSPNG/Papua New Guinea: for membership queries, contact Darwin-based Rep Phillip Eaton [email protected]

APRA REVENUE FROM INTERNATIONAL SOURCES HAS GROWN 110% OVER THE PAST SIX FINANCIAL YEARS, WITH $45.8M COLLECTED IN 2018-19

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ROYALTY DISTRIBUTION TIMEFRAMES - WHEN DO MEMBERS GET PAID? ROYALTY DISTRIBUTION SCHEDULE

APRA MONTHLY Overseas earnings and adjustments

APRA FEB / MAY / AUG / NOV

Radio, television and online, music used in advertisements (metro) and promoted concerts

AMCOS MAR / JUNE / SEP / DEC Mechanical royalties

APRA NOVLive performances (where Performance Reports have been submitted), music used in advertisements (non-metro) and ambient

AMCOS ANNUALLY Print

With over 103,000 members across Australia, New Zealand and around the world, we administer a vast catalogue of songs and compositions on their behalf.

We also administer and collect performance and mechanical royalties on behalf of overseas societies for ALL of the music that is performed in our territory of Australia, New Zealand and the Pacific.

APRA AMCOS collects and distributes royalties for music use including:• Live performance (gigs at pubs and clubs)• Public performances (retail, hotels, background music, et al)• Radio broadcast• Television broadcast• Streaming (e.g. Spotify/Apple Music)• Performances at major festivals and promoted concerts• Jingle broadcast• Unlogged performance pool claims• Mechanical/duplication

DOMESTICAPRA AMCOS pays royalties that we collect from domestic usage every THREE MONTHS. From the first date of music use, it takes approximately three months to receive and process the usage information from the businesses and organisations we license. That means it can take 3-4 months from the date of music use for domestic royalties to be received and paid.

OVERSEASAll Performance Rights Organisations and Mechanical Rights Organisations have their own distribution schedule. Some send money through to us quarterly, some annually, some every two years. When it comes to paying overseas royalties to our members we are dependent on the distribution methods of our affiliate societies. In some cases, overseas royalties can take between 2 – 3 years to be received and paid to our members.

If a member is expecting royalties from domestic or overseas performances and they don’t appear when expected, please contact Writer Services.

ACCESSING ROYALTY STATEMENTSAll royalties are paid directly into your nominated bank account.

APRA royalty statements can be accessed via the APRA AMCOS online Writer Portal.

AMCOS royalty statements are posted to AMCOS members.

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SUPPORTING MEMBERS

SONGHUBS is an initiative that partners emerging and established APRA AMCOS songwriters with renowned international songwriters and producers to create new works for local and international markets. SongHubs take place in both domestic and international locations.

• 600 Australasian artists have worked with over 200 international artists across 68 - and counting - SongHubs events

• SongHubs has already produced commercial releases for the likes of Troye Sivan, Morgan Evans, Dean Lewis, Briggs, Client Liaison, Peking Duk, Tkay Maidza, Ainslie Wills, The Chainsmokers, Guy Sebastian, and many more.

Applying for SongHubs:• to be eligible you will have had commercial success in past 2 years

• can show you have an upcoming release in next 12 months

• keenness to collaborate

• Contact [email protected] to be added to mailling list and to receive invitations to apply

• More info on eligibility and the program at apraamcos.com.au/songhubs

We do more than collect and distribute royalties. We support songwriters and composers at all career stages, through a variety of skills development and opportunities to build industry knowledge.

For more: apraamcos.com.au/about-us/supporting-the-music-industry/

SONGMAKERS brings some of Australia’s best songwriters and producers into high school for two days to mentor students to create and record new music. The program is about fast-tracking students’ understanding of the industry and the importance of content creation for a sustainable career. 

Alums include: CLEWS, Tia Gostelow, Rebecca Hatch, and producer Taka Perry.

Find out more: songmakers.com.au

“Getting told you have one day to write a song in a group is probably the best way to pick up skills you need to survive in the music industry.” Grace from CLEWS

BRIGGS

MENTORSHIPS AND WORKSHOPS FOR WOMEN IN MUSIC In 2017, we released research that identified the pathways and barriers for women working in music. This has led to our commitment to provide support to women through the development of programs to effect immediate and sustainable gender participation and equitable financial success for women songwriter and composer members.

MENTORING• Dedicated 3 month mentorships across pop/contemporary, heavy music,

film and TV composing

• Applications open in April each year

• Current mentees/mentors include: Lauren Coutts (Azura)/Sam Sakr, Asha Jeffries/Hannah Crofts, Fiona Hill/Elliott Wheeler

• Previous mentorships include: Demi Louise/John Watson, Mookhi/KLP, Alissa Lagosti/Jay Stewart

• Other mentoring programs include Western Australia industry mentorship and partnerships with SIMA, Sydney Conservatorium of Music, and Tura New Music

EQUALIZEMusic production workshops for women, consisting of hands-on studio work across several disciplines including electronic music, pop, screen composition and live recording.

More info - apraamcos.com.au/about-us/gender-diversity/

“SongHubs can help propel you into the next stage of your career.” BRIGGS

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AWARDSWe honour songwriter, composer and publisher members at our annual Awards events: APRA Music Awards, Global APRA Music Awards, Art Music Awards (with Australian Music Centre) and Screen Music Awards (with Australian Guild of Screen Composers).

ART MUSIC FUNDThe annual $100,000 fund supports brave new works.

PROFESSIONAL DEVELOPMENT AWARDSThe biennial awards exist to provide support to emerging songwriters and composers. Nine awards of $15,000 are given out to support professional opportunities.

NATIONAL EVENT SERIES & WORKSHOPSFree and open to all members and those interested in joining APRA AMCOS. Network and learn more about the industry through events including Indie 101, Meet The Locals, SongCraft (Songwriter Speaks, Anatomy of an Album), and more.

LIVE MUSIC OFFICE Increasing opportunities for live music in Australia by identifying and advocating for better policy, regulation and strategy. livemusicoffice.com.au

SOUNDS AUSTRALIASince 2009, this initiative has been instrumental in paving a global path for such acts as Alison Wonderland, Dean Lewis, Gang Of Youths and more. They bring the AUSSIE BBQ, Sound Gallery and the networking Long Lunch to the global music industry. soundsaustralia.com.au

MUSIC GRANTSEach year we allocate 1.75% of APRA’s distributable revenue to fund hundreds of initiatives across the music industry for the benefit of members and the next generation of music creators in Australia and New Zealand. See dates and info on the annual grant application process here: apraamcos.com.au/music-grants

VANDA & YOUNG GLOBAL SONGWRITING COMPETITIONThis annual competition comes with music’s biggest songwriting prize of $50,000. It also raises funds to benefit Nordoff-Robbins Music Therapy Australia. To enter go to vandayoungsongcomp.com. To find out more about NRMTA, go to www.noro.org.au

SUPPORTING ABORIGINAL AND TORRES STRAIT ISLANDER SONGWRITERS

ABORIGINAL AND TORRES STRAIT ISLANDER MUSIC OFFICEProvides opportunities for Aboriginal and Torres Strait Islander songwriters and composers to develop their talents and build careers in the local music industry.

If you or an artist you represent is of Aboriginal or Torres Strait Islander heritage and writes original music, please contact National Manager Leah Flanagan or National Representative Donna Woods at [email protected] or call 1800 642 634.

Alternatively, if you have an existing relationship with any of our Writer Services Representatives, you may choose to contact them directly.

“Starting Ground gives regional artists the opportunity to network and seek advice from a wide range of professionals under one roof.” Candice Lorrae, The Merindas

DONNA WOODS

LEAH FLANAGAN

STARTING GROUNDIn partnership with Create NSW, Starting Ground is a two-day music workshop for Aboriginal and Torres Strait Islander musicians who want to learn more about song craft and the music industry – from studio production to co-writing to booking a tour, publicity, copyright and more.

Mentors including Sue Ray, Robbie Miller and Candice Lorrae have visited Tamworth, Bathurst, Eden and Byron Bay since 2015, and in 2019 the first Starting Ground outside of NSW took place in Kalgoorlie, WA, in partnership with WAM.

We are also currently exploring opportunities for Starting Ground to occur in other states and territories.

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APRA AMCOS BENEFITSAPRA AMCOS provides members and licensees with exclusive discounts and deals on everything from insurance and accounting through to audio gear and studio time. Make sure to know your member number.

TRAVEL AND ACCOMMODATION• Virgin Australia offers the music industry a baggage allowance of 64kg

for domestic travel (across four pieces of checked baggage), including for APRA AMCOS members.

• USA accommodation – Los Angeles and Nashville.

• Showgroup offers.

• QANTAS allows musicians who are members of an eligible musical association (including APRA AMCOS) additional baggage allowance for Domestic travel within Australia.

STUDIOS, EQUIPMENT, AND COURSES• Access to the best studios and equipment in Australia, NZ and beyond.

Studios 301, Heliport, Bakehouse and more offer benefits.

• Discounts on music courses, including 30% off first 10 week term at I Heart Songwriting Club.

INSURANCE • JLT - As our principal Risk partner JLT have solutions ranging from public

liability (gig cover) to equipment and teaching insurance.

• Aon – Public liability, equipment cover, personal accident cover, and teaching insurance.

BUSINESS SERVICESLawyers, accountants and tax services, including Sorrento Strategic, Arts Law and more, to help with a range of business matters.

AND MORE INCLUDING:• Music marketing

• Web services

• Publications

Find out more at apraamcos.com.au/about-us/apra-amcos-benefits

MILLY PETRIELLA

ANDREW TUTTLE

CAMERON LAM

CHRIS O’NEILL

GREG MORROW

FRANK RODI

PHILLIP EATON

ALANA JAGT

TENILLE ELKINS

MEET THE TEAM WHO SUPPORTS OUR MEMBERS We have Member Relations and Writer Services Reps based around the country who can help with questions and queries regarding copyright, collaborating, grants, royalties, and pretty much all things music industry-related. Here are a few of the faces:

And, remember you can always reach the team at [email protected] or 1800 642 634

For New Zealand-based members, please visit apraamcos.co.nz/contact-us to be in touch with the Writer Services team.

Director Member Relations

Team Leader - National Engagement (QLD)

Art Music Specialist (VIC) Innovation & Electronic Music Specialist (NSW)

Manager Film and TV (NSW)

Senior Manager - National Engagement (VIC)

Writer Services Rep (NT)

Writer Services Rep (SA)

Senior Writer Services Rep (WA)

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VOTING TO ELECT THE APRA AND AMCOS BOARD OF DIRECTORS

An important right that comes with being an active member of an association like APRA or AMCOS is the right to vote in the election of directors to the APRA and/or AMCOS Boards annually.

WHO VOTES?Full members who have earned royalties during either of the last two financial years are eligible to vote.  These earning requirements apply independently to both APRA and AMCOS – i.e. if an individual is a member of both organisations but have only earned royalties from one company in the last two years, then that member can only vote in the election for that company. 

Members eligible to vote are sent notification of the AGM and voting ahead of the November meeting.

Read more about how voting works. apraamcos.com.au/about-us/faqs/faqs-on-electing-board-of-directors/

How many votes does each member have? Members receive one vote for any royalty earnings during either of the last two financial years, and an additional vote for any $2,500 “block” of earnings received over the past financial year.

The APRA Board consists of six publisher directors and six writer directors (one of which must be a New Zealand writer member).Each year two writer directors and two publisher directors must retire from the APRA Board, provided they have served at least three years on the Board. The order of retirement is determined based upon the length of time a director has served in their current term – i.e. those who have been in office longest must retire.

JENNY MORRIS “It’s your music and it’s your APRA. If you’re eligible to vote, you should use it to elect the Members you want to represent you on the APRA Board, who make decisions about your royalties and your rights. I encourage you to get involved and make your vote count.”

Jenny Morris, APRA Chair

MANAGERS: CONTACTING APRA AMCOS ON BEHALF OF YOUR ARTISTSIf you ever have questions or queries, you can direct these to [email protected] or call the Writer Services department in your relevant state office. Live Chat is also available on the website during regular business hours.

LETTER OF AUTHORITYIt is important to note that in order for yourself or a company staff member to liaise with APRA AMCOS on behalf of your artists, you will need to have the member complete and return to us a Letter of Authority.

This will also give the member the opportunity to direct which correspondence should go to them directly and to their authorised point of contact.

Please request this via the Writer Services team.

If your management relationship with an artist ceases, a Letter of Authority Cancellation form can be sent by us to the member, or it can be downloaded from the website. apraamcos.com.au/music-creators/forms/update-your-personal-details/

CHANGE OF DETAILSIf details for your artists change (bank account, contact, etc.) these can be amended through the APRA AMCOS Writer portal online. Alternatively, these changes can be emailed to [email protected] or to any Writer Services Representative.

Some details, such as a change of legal name or GST registration, can only be amended via email.

DISPUTESIf disputes arise relating to your artist’s works, please let us know. We can put a ‘freeze’ on the work until an outcome is agreed upon, and can offer pathways to resolution.

The AMCOS Board consists of 12 directors. There is no defined split between writer and publisher members in the AMCOS constitution.Each year four of the AMCOS Board must retire, provided they have served at least three years on the Board. The order of retirement is determined based upon the length of time a director has served in their current term – i.e. those who have been in office longest must retire. apraamcos.com.au/about-us/board-of-directors/

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GOLDEN RULES1. Artists who write songs must join APRA in order to be paid their

PERFORMANCE royalties.

2. Songwriters and composers who are unpublished and are eligible should join AMCOS in order to be paid their MECHANICAL royalties. If a writer has signed a publishing agreement then the publisher will collect and administer the mechanical royalties for the songs that are subject to that agreement.

3. Cultivate an atmosphere of transparency around song ownership and ensure that song splits are agreed upon between co-writers before a session starts, or as soon as the song is finished. Then, make sure that the songs are registered with APRA AMCOS right away. Ensure published writers provide details to publishers straight away.

4. Make sure the band understands that writing members don’t need to ‘pay’ non-writing members with splits in a song. If the songwriters in the band want to share their royalties with non-writing members, band agreements can be used to share royalties with other members for as long as they’re in the band, while still preserving the original ownership splits.

5. Always tell APRA AMCOS when a publishing agreement is signed, and also provide us with a copy of those agreements. Prompt the publisher to register the agreement with APRA AMCOS so that we can distribute royalties properly.

6. If members want to earn royalties from the live performance of their songs in licensed venues, they MUST submit Performance Reports via the Writer Portal. If evidence can be provided for past performances, live performance royalties can be retrospectively paid up to three years from the date of performance, so long as they were a member at the time.

7. If members play promoted concerts, festivals or events, GIVE THE SETLISTS TO THE PROMOTER OR SEND THEM TO US otherwise we can’t pay them the songwriting royalties they’ve earned from the live performance of their original works.

8. We do more than collect and distribute royalties, so keep in touch with Writer Services. Members can contact us with questions and we can help to monitor and query royalties both here and overseas. [email protected]

9. More resources and tips are at apraamcos.com.au. We also keep in touch through our fortnightly newsletter APRAP, invitations to events and notices to apply for career development opportunities.

RESOURCESWe provide an abundance of tips and tools to help you understand your APRA AMCOS membership, and support you in your music career, housed at apraamcos.com.au.

Join - apraamcos.com.au/join/Glossary - apraamcos.com.au/glossaryAggregator Guides - apraamcos.com.au/aggregatorsOverseas performance reports - apraamcos.com.au/osperformancereportsHow to submit a Performance Report - apraamcos.com.au/performance-reports-guide/How to claim what’s yours - apraamcos.com.au/claimsTips of the trade - apraamcos.com.au/resourcesMusic industry sources - apraamcos.com.au/music-industry

Arts Law - artslaw.com.auAssociation of Artist Managers (AAM) - aam.org.auAustralian Copyright Council - copyright.org. auAustralian Music Radio Airplay Project (AMRAP) - airit.org.auARIA - ISRC Codes - aria.com.au/pages/isrc.htmPhonographic Performance Company of Australia (PPCA) – ppca.com.auSupport Act – supportact.org.au

State and Territory organisationsMusicACT – musicact.com.auMusicNSW – musicnsw.comMusicNT – musicnt.com.auMusic SA – musicsa.com.auMusic Tasmania – musictasmania.org.auMusic Victoria - musicvictoria.com.auQMusic – qmusic.com.auWAM (West Australian Music) – wam.org

PPCA (Phonographic Performance Company of Australia Ltd) grants licences for the broadcast, communication or public playing of recorded music (such as CDs, records and digital downloads or streams) and music videos. PPCA then distributes the net licence fees collected to its licensors - generally record labels and registered recording artists.

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CONTACT [email protected] | (02) 9935 7900 | 16 Mountain Street, Ultimo NSW 2007 Postal Address | Locked Bag 5000, Strawberry Hills NSW 2012VIC and TAS | (03) 9426 5200 | 2A/68 Oxford St Collingwood Vic 3043 QLD |  (07) 3257 1007 | 3 Winn Street, Fortitude Valley QLD 4006SA | (08) 8331 5800 | Suite 29, 8-20 O’Connell Street,  North Adelaide SA 5006NT | (08) 8941 0988 | Level 2, 8 McMinn Street , Darwin NT 0800 | GPO BOX 4519, Darwin NT 0801WA | (08) 9382 8299 | Suite 1, 12-20 Railway Road,  Subiaco WA 6008NZ | [email protected] | (09) 623 2173 | Toll free 0800 692 772 Unit 113, Zone 23, 21 - 23 Edwin Street, Mt Eden, Auckland 1024 Postal Address | PO Box 6315, Wellesley Street, Auckland, 1141

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