1、What does copyright protect? answer：
Copyright protects literary, dramatic , musical and artistic works . It also protects sound recordings , films , published editions , performances and broadcasts . A recording of the song will also be separately protected as a sound recording. Whenever music is performed in public, communicated or reproduced the songwriter may be entitled to a payment or royalty. This is because the Macau Copyright Law 4399M gives to composers and writers what are known as 'economic rights' which cover certain uses of their music . By licensing and allowing the public performance , communication or reproduction of their music, songwriters may generate income known as royalties. 2、What rights do MACA control and license? answer：
When a composer becomes a member of MACA, the composer’s performing rights in all existing and future works are assigned to it . This is the right to perform the work in public and the right to communicate the work in public. MACA then administer these rights on the composer’s behalf . This means that MACA will enter into licence agreements for the performance and communication of music and lyrics , monitor the use of music under these agreements and distribute the royalties collected to the copyright owners whose material is identified as having been used. 3、What about copyright protection in other territories? answer：
Most territories have copyright laws similar to Macau . If your work is protected in Macau, it will also be protected in most other territories . This is because most territories have joined international treaties and conventions, and they are required to provide minimum standards of protection for copyrighted works. Thus, Macau copyright works are protected in many territories, including but not limited to Mainland China, Canada, France, Germany, Spain, Portugal, Hong Kong, Indonesia, Japan, Korea, Malaysia, New Zealand, Singapore, the United Kingdom and the United States . Similarly, works from these territories will also be protected in Macau. 4、Must a license be obtained from and royalties paid to MACA if only works from other territories are used? answer：
Yes, the key international repertories of musical works have been entrusted to MACA for licensing and administration in Macau through reciprocal representation contracts that MACA has signed with societies that are similar to MACA in these countries and territories. This includes musical works from Mainland China, the United States, United Kingdom, Canada, Australia, Portugal, Spain, Japan, Hong Kong, Malaysia, Singapore, India, Vietnam, The Philippines, Taiwan, South Korea, Thailand, etc.. Copies of all these agreements are lodged with the Department of Intellectual Property of the Department of Economic Affairs as required under Article 199 of Macau Copyright Law 43/99/M. Thus, we would like to highlight that in Macau, MACA is legally empowered by the international community of composers, authors and music publishers to license and collect royalties on their behalf for the public performances or communication to the public of musical works. 5、Is MACA a government department? answer：
MACA is not a government department but is a not-for-profit, non-governmental organization registered with the Macau Department of Identification and with the Intellectual Property Department of the Department of Economic Affairs as required by Article 196 of the Macau Copyright Law 43/99/M. 6、When is a performance of musical works considered a ‘public performance’? answer：
As Macau is a member of the World Intellectual Property Organization(WIPO), the definition of‘Public Performance’ from WIPO is applicable in Macau.
‘Public Performance’ are considered to include any performance of a work in a place where the public is present or accessible to the public, or in a place not open to the public but in the presence of a large number of people other than normal members of the family and their relatives and friends. Thus, the performance of music in places including but not limited to retails shops , beauty salons , dental clinics , hotel rooms , clubs , etc . would be considered as public performance of music.7、We have already paid for the music when we purchase the CD which we are using to publicly perform the music. So, why should we have to pay royalties again? answer：
The payment which you make when buying the CD represents payment to the sound recording company and for which you are entitled to use for private purposes. It does not include payment of any royalty for the use of the recording or the underlying musical work for any public performance or communication. 8、Does the performance of radio and television programmes in a shop need to obtain a music public performance license from MACA? answer：
Yes, radio and TV programmes contain copyright music, for example, programme themes and background music, pop songs, film music, commercial jingles, etc . As such, public performance by means of audition of radio and TV programmes requires a music public performance license. Besides, radio and TV broadcasters have paid license fees only for broadcasting copyright music but not for public performance in a shop. 9、My company has paid the composer to write the music for one of our company's projects. Why do we still need to obtain a MACA license when we play this music in public and put it up on our website on the Internet?
answer：
The fee paid by your company to the composer actually covers his creative effort, production cost and in some cases the synchronization right (i.e. the right to synchronize music with a video, which normally occurs in the context of an audio-visual production such as commercial jingle and film music). The writer’s fee however does not cover the rights in relation to any subsequent performance in the public or for usage on the Internet, which the writer does not administer by himself but has already entrusted the rights to MACA under his MACA membership. Where a foreign composer is involved, it is also a common international practice for a composer to have assigned such rights to a music copyright society, like CASH in Hong Kong for collective management. Thus, a MACA license and payment of public performance royalties is still required in such cases.
10、Why is a license needed when music is performed in a store where the business does not rely on music? answer：
Regardless of the industry, as long as music is played in a store, according to Macau Copyright Law 43/99/M, prior permission must be obtained from others before using other people’s musical works for public performance, and this permission is obtained through MACA. When MACA determines the standard tariffs, it has taken into account the needs of different industries for music, and thus formulated standard tariffs for different industries.
11、How are royalties distributed by MACA? answer：
MACA will distribute all royalties to relevant copyright owners (composers, authors, publishers) after deduction of its administrative costs at around 30%. The annual financial figures of MACA will be audited by a registered audit company. To be able to distribute the royalties accurately, MACA requires the cooperation of all licensees to provide detailed programme returns including such information as titles of musical works performed, names of composers and authors, etc.
12、Permitted Free & Fair Uses for which no music license or payment of royalties is required? answer：
The payment of copyright fees is exempted in cases falling under Article 60 and Article 61 of the Macau Copyright Law 43/99/M.
13、Should I accept buyouts for my works? answer：
Please find the answer on the following link!
https://yourmusicyourfuture.com
