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 countries? answer：
Most countries have copyright laws similar to Macau . If your work is protected here , it will also be protected in most other territories . This is because most countries have signed international treaties and conventions requiring them to provide minimum standards of protection for copyright works from all countries party to the relevant treaties . Thus, Macau copyright works are protected in many countries and territories , including Canada , China , France , Germany , Spain , Portugal , Hong Kong , Indonesia , Japan , Korea , Malaysia , New Zealand , Singapore , the United Kingdom and the United States . Similarly , works from these countries and other territories will also be protected in Macau. 4、Must a licence be obtained from and royalties paid to MACA if only foreign works 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 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 192(2) of Macau Copyright Law 4399M. 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 4399M. 6、When is a performance of musical works considered a ‘public performance’? answer：
Based on judicial decisions in other countries, any performance of musical works outside the normal circle of family members and close friends would constitute a public performance for which the permission of the owners of copyright must first be obtained before such performance may be carried out. Thus, the performance of music in places such as 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 require a MACA licence? answer：
Yes , radio and TV programmes contain copyright music , for example, programme themes and background music , pop songs , classical music , film music , commercial jingles, station I.D. , etc . As such , public performance by means of audition of radio and TV programmes requires a valid licence . Besides , radio and TV broadcasters have paid licence fees only for broadcasting copyright music but not for public performance 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 licence 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 the foreign composer to have assigned such rights to a music copyright society, like CASH in Hong Kong for collective administration . Thus , a MACA licence and payment of public performance or communication royalties is still required in such cases.
10、Why is a licence needed when music is performed in a store where the business does not rely on music? answer：
Once music is publicly performed outside of the legally provided exceptions , a public performance licence and payment of royalties is needed irrespective of whether music is the main reason for the business of the store . Of course , MACA will take the level of importance of music in the various trades when establishing licensing tariffs.
11、How are royalties distributed by MACA? answer：
MACA will distribute all licence fees collected to the relevant local and foreign copyright owners after deduction of its actual administrative costs. The annual accounts of MACA are and will continue to be audited by a Registered Auditor. 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 MACA licence or payment of royalties is required? answer：
The current copyright law 43/99/M allows certain public performances to be carried out royalty free, eliminating the need to obtain permission from the copyright owners represented by MACA. Article 60 (2) The following in particular shall be considered private use : ( b ) the performance of a dramatic or dramatico-musical work, the showing of a cinematographic work,the recitation of a literary work, the performance of a musical work and any other form of communication of a work already disclosed or published , when done without gainful intent and in a place open to the public . Moreover , Article 61 (i) states that the performance of musical works or literary-musical works at official events in the Territory and religious ceremonies,provided that the performers work free of charge and public access, where permitted, is also free.
13、Should I accept buyouts for my works? answer：
Please find the answer on the following link!
https://yourmusicyourfuture.com
