FAQ

What is a music copyright?

A music copyright is a legal concept that gives the creator of an original musical work the exclusive right to control how their music is used, reproduced, and distributed

What is a music publisher?

A music publisher owns or administers a copyright, representing the songwriter and working to maximize revenue from their catalog. Publishers share revenue with songwriters and may handle reproduction, performance, and synchronization rights. Some songwriters act as their own publishers and handle all these responsibilities themselves.

What are the different types of music rights?

Reproduction Right: Covers the reproduction of the composition itself, often needed for physical copies or digital downloads. This is handled by CMRRA.

Performance Right: Allows the public performance or broadcast of the musical composition (the written song) and sometimes the sound recording itself. This is handled by SOCAN.

Neighbouring Right: Allows the public performance or broadcast of the sound recording, separate from the composition. This is handled by ACTRA-RACS, Re:Sound, or ARTISI.

Master Recording Right: Grants permission to reproduce the actual sound recording or master. For major labels, CONNECT Music Licensing manages this, while independent rights owners are handled by Panorama (Previously SOPROQ).

How do I obtain clearance for a song with a sample or mashup?

If you incorporate any part of another song into your own musical work that you don’t own or control, you must obtain consent from the owners of those copyrights. This is required for the musical work and, if you are also using the original sound recording, from the owner of the recording (typically the record label). CMRRA is not able to obtain these clearances for you.

Do I need to apply for a licence to record my own work?

If you’re the sole copyright owner and haven’t assigned your rights to a publisher or third party, you don’t need to apply to CMRRA for a licence or pay mechanical royalties for using your own work, even if CMRRA represents you.

However, if you don’t own 100% of the copyright, you’ll need to get a licence for the portion you don’t control.

What if I want to record a medley that includes someone else’s song along with my own songs?

As mentioned above, you do not need to apply to CMRRA for a licence to use your own musical works, but you will need to apply for any songs you may be including in a medley that you do not own or control.

I want to include a song on my product that was written more than 50 years ago. Is it in the public domain?

As of December 30, 2022, the term of copyright in Canada was extended from 50 years after the death of the last surviving author to 70 years after the death of the last surviving author.  All copyright protected works whose copyright already expired on or before December 2021 will remain in the public domain; however, works for which the last surviving author died on January 1, 1972 or later will have copyright protection for a period of 70 years following the end of the year of death of that last surviving author.

As an example, if a writer died on July 30, 1972, his or her solely written works will go into the public domain on January 1, 2043. If a writer died on July 30, 1971, his or her solely written works went into public domain on January 1, 2022.

For licensing purposes, please note there are many copyrighted arrangements of public domain works. A licence will be required to reproduce these. If a song is confirmed to be in the public domain, and you’re producing your own arrangement, you do not require a licence and no royalties are owed.

I want to sample a recording and use it in my song. Do I have to pay?

Yes. To legally sample a song or recording you don’t own, you need permission from the copyright owners of both the song and the recording.

Start by contacting the record company that released the recording to obtain a “master rights” license. Then, get permission from the music publisher to sample the song.

Sample clearance can take time, so allow enough time for licensing. Once permission is granted, you must apply for a mechanical license through CMRRA’s “Pay-As-You-Press” method, including the publisher’s authorization.

Can I change the lyrics to a song, or use the music alone and add my own words?

CMRRA can grant mechanical licenses for reproducing musical works, but the music and lyrics must remain the same as the original. Changes to the lyrics, melody, or structure require approval from the publisher(s) and possibly the author(s) before a license can be granted. If multiple publishers own the work, all must approve. We recommend securing the necessary rights before recording your version.

I am reproducing music for the purpose of online music distribution, e.g. permanent downloads, streaming, webcasting, do I need a license?

If you plan to distribute recordings to Canadian consumers via a licensed third-party online music service, such as iTunes, Spotify, Meta (Facebook & Instagram), TikTok, or YouTube, you are not required to obtain a reproduction rights licence for the musical works embedded in those recordings. In Canada, CMRRA licences these services directly, and they will be responsible for reporting and paying royalties for use of CMRRA’s repertoire.

If you plan to stream or sell digital downloads via 3rd party distributors (such as CD Baby and Bandcamp) or plan to stream or sell digital downloads from your own website, please contact CMRRA for licensing.

Do I need to seek a licence from CMRRA for offering music downloads or streams in Canada?

Yes, if you’re a record label or company offering tracks online, either through your own website or a third-party service, you need to obtain a licence from CMRRA for the reproduction of musical works in their repertoire. You can begin the licensing process by contacting CMRRA here.

What is Synchronization Licensing?

Synchronization licensing allows the use of a copyrighted song in audiovisual content like films, TV shows, or commercials. It requires the publisher’s permission, which is granted through a negotiated license. This must be obtained before the content is produced or aired. For more details, contact the publisher of the song.

How do I obtain a synchronization licence?

CMRRA no longer handles synchronization licensing. To obtain a licence, contact the music publisher or copyright owner of the song directly.

What is a post-synchronization licence?

A post-synchronization licence covers the reproduction of a musical work in audiovisual content, like films, TV shows, commercials, or user-generated content, when copies of that content are made. If the original synchronization licence doesn’t cover these reproductions, a post-synchronization licence may be required. For more information, please contact us here.

What if I apply for licence, but the song is not represented by CMRRA?

If you have submitted a licence application and royalty payment for a work that CMRRA does not represent, we will issue a refund cheque to you once we have processed your application. Please note that CMRRA will only refund the royalties you have paid, and not the handling fee charged to process your application.

What happens if I don’t apply for a mechanical licence?

Manufacturing or importing recordings without a licence infringes copyright and can lead to legal action, including fines, injunctions, and product removal. Distributors, wholesalers, and retailers handling unlicensed music are also liable. To comply with Canadian law, you must obtain a licence.

What is a pressing order? Why is it required?

A pressing order is a document sent by you to the manufacturer that confirms the number of units of your product that will be pressed. If you are manufacturing the product yourself, please submit a signed and dated written statement detailing the number of units manufactured.

What is the minimum press quantity?

The minimum pay-as-you-press quantity is 500.

Can the manufacturer start pressing my product as soon as I send my royalty payment to CMRRA?

No. A licence must be issued to you before your product can be manufactured. The fact that you have sent CMRRA a licence application and a royalty payment does not mean that we will be able to issue the licence you need for your project.

The manufacturer tells me that it cannot press my product until I have my licences, and CMRRA tells me that it cannot issue licences without a pressing order. How does this work?

The pressing order is a document you must submit to the manufacturer to place your order for a certain number of units. The manufacturer can (and should) put your order on hold until such time as your licence has been issued. We require that you submit a copy of this pressing order along with your licence application and royalty payment. Once the licence has been issued, you’ll be able to return to the manufacturer and get your order processed.

How do I extract the Application for Mechanical Licences (Excel version) from the .Zip folder?

The files in a .zip folder are compressed. Once you’ve downloaded the folder, right click and select “Extract All” to extract the files to a new folder where they can then be opened. Alternatively, you can double click on the folder, “copy all” files and paste or move them to them to a new folder where they can be opened., i.e. files will not work properly if opened from within a .zip folder.

How long can the licensing process take?

You can expect to receive your licences typically within three weeks, although processing times may take as long as six weeks during peak periods. You will receive an email confirmation once your licences have been issued and provided with instructions on how to retrieve the details from our CMRRA Direct online portal.

What are the methods of payment?

Payment can be made to CMRRA by way of:

1) online credit card payment

2) certified cheque

3) money order

4) in-person debit/credit payments available at CMRRA’s office by appointment only on Wednesdays or Thursdays, or

5) non-certified personal cheque (where payment is made by cheque, your licence application will not be processed until your cheque has been cashed – usually one week from receipt).

What’s your refund policy?

Once a licence is issued, CMRRA cannot refund or credit royalties if you choose not to use the work. Ensure your selections are final before completing the licensing process.

If a licence has not been issued and you no longer need the work, CMRRA will refund the royalty portion of your payment, but the Handling Fee is non-refundable.

I obtained a licence for a previous pressing of my CD. Do I need a licence for subsequent pressings?

Yes. The Pay-As-You-Press licence issued to you by CMRRA is limited to the number of units you manufactured and paid for. If you intend to manufacture more than the number of units specified on your licence, you need to obtain a new licence to cover those additional units.

Can CMRRA send copies of my application/royalty payment/licences to my presser?

No. It is the applicant’s responsibility to retain copies of his or her application forms, royalty payment and licences for this purpose. CMRRA does not forward copies of licences or other documents to anyone but the applicant.

Can music publishers demand a higher royalty rate than the standard outlined?

Yes, but very few of the publishers represented by CMRRA do. We’ll let you know if your licence application is subject to a higher royalty rate once we’ve had the opportunity to review it.

Do I need a license for promotional and charity related pressings?

Yes, a license is required for promotional and charity pressings. All reproductions must be licensed at the applicable royalty rate, regardless of purpose or quantity.

I want to make a demo CD. Do I have to obtain licences and pay royalties?

Yes. You must obtain licences for the musical works reproduced in your demo. You will be required to obtain licences using our “Pay-As-You-Press” plan.

How do I license a medley? Why are the individual songs in the medley licensed separately?

Each song in a medley is individually licensed at the same royalty rate as non-medley works. You must indicate on the Mechanical Licences form that the work is part of a medley and provide the duration for that specific portion, not the entire medley.

Do I need a mechanical licence to import products into Canada?

Yes. If you sell or distribute recordings in Canada, they must be licensed here, even if made elsewhere. Foreign manufacturers usually can’t clear Canadian royalties, so you must obtain a mechanical licence from CMRRA.

I’m pressing my CD in the U.S. but distributing in Canada. Do I need a licence?

Yes. If you’re importing copies into Canada, you must obtain a licence from CMRRA and pay royalties on those copies. For small quantities, use CMRRA’s “pay-as-you-press/import” plan with a cross-border confirmation.

I’m pressing my CD in Canada but don’t live there. Can CMRRA issue a licence?

Yes, if the copies will be sold or distributed in Canada. However, CMRRA cannot license copies exported outside Canada. For small quantities, use the Pay-As-You-Press plan with a cross-border confirmation.

I’m pressing my CD in Canada but want to export copies to another country? Can CMRRA issue licences?

CMRRA can only issue licences for the copies that remain for sale or other distribution in Canada. You will need to seek licences for the exported units from the licensing collective in the country of destination.

What is a counterclaim?

If songwriters or rights holders claim more than 100% of song splits (e.g., 60/60 instead of 60/40), CMRRA will flag the song as a potential dispute and notify all claimants. If no response or changes are received from the claimants, the song will be placed into dispute status.

Who should I contact at CMRRA about a counterclaim?

Please email [email protected] with any questions, amendments or revisions.

Why am I receiving notification of a counterclaim on my song?

CMRRA contacts all parties involved in a work with disputed shares and proactively verifies if updated claim information is available from rights holders in order to avoid placing a song into dispute status.

How do I resolve a counterclaim? Will CMRRA tell me when it’s resolved?

CMRRA does not handle counterclaim resolutions and will hold records until receiving written confirmation to update the file.

How long do I have to resolve a counterclaim?

CMRRA allows 10 business days to confirm a claim. After that, titles will be placed into dispute. If you need more time, request an extension. Once in dispute, a title stays in dispute until CMRRA receives claim amendments.

What happens to the royalties for songs in dispute?

CMRRA will hold royalties related to disputed work shares until the dispute is resolved.

Where can a rights holder find titles that currently have an “In Dispute” status?

Rights holders can find a list of current titles that are in a formal dispute status by logging into CMRRA Direct.

• After logging in, please choose the account number you wish to search for (under User Details) and save.
• Under the Works and Licenses tab, click the third option down, “Dispute Management.”
• Click the “Download” button at the bottom of the page to download all disputes associated with the chosen account number.

What if my entire catalogue is in dispute?

For catalogue counterclaims, the Original Claimant has 30 days to provide supporting documentation. During this time, royalties will continue to be paid to the Original Claimant. If documentation is provided, the catalogue will be placed in dispute, and royalties will be held. CMRRA will not decide the correct owner; the dispute must be resolved between parties. If no documentation is provided within 30 days, CMRRA will update its records and pay royalties to the new claimant. Extensions can be requested for more time. For catalogue counterclaims, contact [email protected].

How do I know if my song is in potential dispute counterclaim status?

CMRRA sends monthly Potential Dispute lists for verification. Rights holders must return the list with amendments or relinquishments. CMRRA does not resolve disputes; it’s up to the conflicting parties to find a resolution.

What do I need to do if I receive a counterclaim notification?

If a rights holder receives a notification, they must confirm the claim and contact conflicting parties to resolve the issue. If no response or amendments are made within 10 business days, CMRRA will update records and place the work in dispute status.

I have received an email requesting confirmation, relinquishment or a revision of my claim. Why is that?

When a new claimant challenges a catalogue registered to another party, CMRRA will ask the Original Claimant if they maintain, revise, or relinquish their claim. CMRRA may request supporting documentation, but does not actively resolve disputes. Providing documentation can help resolve the conflict and prevent royalties from being held.

How will we receive payments from your International Collections services?

Royalties from IMPEL and the MLC will be included in our regular quarterly distribution cycle (occurring in March/June/September/December). You can expect your royalty statements to include detailed share-by-share payment information.

Can you tell me about any administration fees I need to know about for International Collections?

Our administration fee for International Collections from IMPEL and MLC is 5% of the royalties collected. All terms are outlined clearly in the affiliation agreement for International Collections.

Do I need to sign up for CMRRA’s International Collections service if I’m already a member of the MLC, or can I opt-out and switch to CMRRA?

If you’re already a direct member of the MLC and wish to continue with that membership, you should not sign up for CMRRA’s International Collections service for the USA.

However, if you’d like CMRRA to collect royalties on your behalf instead, you can opt out of the MLC and sign up with CMRRA. Be sure to complete the opt-out process with the MLC to avoid overlapping claims, which could delay royalty collection.

Will CMRRA register my work ownership information with the MLC if I choose to opt in for International Collections for the USA?

Yes, CMRRA will register your work ownership details with the MLC if you opt in for the USA. Note that our affiliation agreement requires you to confirm the status of your repertoire for all of the territories for which you are signing up.

I’m a member of the Harry Fox Agency (HFA). Would it be a conflict to sign up for US International Collections with CMRRA?

If you’re a member of the Harry Fox Agency, you won’t receive MLC royalties automatically. To collect these royalties, you must opt in and become a direct member of the MLC or join through a third party like CMRRA or HFA. If you haven’t authorized HFA to collect your MLC royalties, you can sign up for their International Collections service to receive them.

Does this conflict with royalty collections from SoundExchange, PPL, or Panorama?

No, there is no conflict. SoundExchange, PPL, and Panorama handle royalties for sound recordings and performances, while the MLC collects mechanical royalties for the publishing rights of musical works.

Does this conflict with royalty collections from SOCAN?

SOCAN also handles international collections, including from the MLC. You can only be a client of either CMRRA or SOCAN for this purpose, not both. If you’re with SOCAN for MLC or international collections, you should not sign up with CMRRA to avoid conflicts and delays in royalty collection.

I’ve heard about a “black box” of royalties for unidentified songs that is being released to the MLC. Will signing up for your International Collections service help with this in some way?

If you sign up for CMRRA’s International Collections service for the USA, we will register your song ownership information and claim any royalties for unidentified songs within three years. After three years, any remaining money for unidentified songs will be distributed according to a market share calculation.