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DIRECT LICENSING GUIDELINES (PUBLIC PERFORMANCE AND TRANSMISSION

By Jesse Garcia,2014-06-18 08:56
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DIRECT LICENSING GUIDELINES (PUBLIC PERFORMANCE AND TRANSMISSION

DIRECT LICENSING GUIDELINES (PUBLIC

    PERFORMANCE AND TRANSMISSION RIGHTS)

? [IF YOU CHOOSE NOT TO PROVIDE DIRECT LICENSING, USE OPTION A. IF

    YOU WILL ACCEPT DIRECT LICENSING ENQUIRIES THEN USE OPTION B.

    DELETE THE OPTION YOU ARE NOT USING.]? [OPTION A]

    1. Our direct licensing guidelines

    1.1. These are the direct licensing guidelines of ?[name of record

    company]? (we/us/our). At present we do not have the capacity to

    directly licence any of our sound recordings or music videos for public

    performance or transmission.

    1.2. Given the legal and administrative costs involved with direct licensing we

    are unable to offer direct licenses at competitive rates for public

    performance or transmission. We will review our position every

    12 months to consider whether the size and skill base of our organisation

    enables us to engage in direct licensing.

    1.3. In the meantime, if you require a licence for the public performance or

    transmission of one of our sound recordings or music videos you should

    contact the Phonographic Performance Company of Australia (PPCA) at

    www.ppca.com.au or call (02) 8569 1111.

    1.4. If you wish to provide any feedback or comments on our direct licensing

    policy, please email ?[email contact of recording company]?.

    [OPTION B]

    1. Our direct licensing guidelines

    1.1. These are the direct licensing guidelines of ?[name of record

    company]? (we/us/our). This document contains information about

    licensing our sound recordings and music videos. It sets out the

    procedure to be followed when you are making an enquiry about direct

    licensing for public performance or transmission.

    1.2. An alternative to licensing the sound recording or music video directly

    from us is to obtain a blanket licence from the Phonographic Performance

    Company of Australia (PPCA). If you obtain the PPCA blanket licence

    then you will not require a licence from us because the blanket licence

    gives you permission, within the terms of the licence, to play any

    recording from the PPCA catalogue which covers over 5,000 recording

    labels including our sound recordings and music videos. Go to

    www.ppca.com.au or call PPCA on (02) 8569 1111 to find out more.

    1

    2. Types of licences offered for sound recordings and music videos

    2.1. We only provide non-exclusive licences. This means we can offer the

    same licences to other people. For example, if we licence your restaurant

    to play our sound recordings and/or music videos, we can also licence

    any other businesses (including other restaurants) that wish to play our

    sound recordings and/or music videos.

    2.2. We offer licences for the following purposes:

    ?[DELETE, ADD OR AMEND LICENCES CATEGORIES AS APPROPRIATE

    TO YOUR BUSINESS. FOR EXAMPLE, INSTEAD OF OFFERING A

    TRANSMISSION LICENCE YOU MAY WISH TO SPECIFIY THAT YOU WILL

    ONLY OFFER A WEBCASTING LICENCE.]?

    a transmission licences for our sound recordings and music videos. You

    will need a transmission licence if you intend to communicate the

    sound recording or music video to the public, for example by way of

    radio, television or the internet;

    b public performance licences for our sound recordings and music

    videos. You will need a public performance licence if you intend to play

    the sound recording or music video in public, for example by playing a

    CD at your business premises;

    c ?[DESCRIBE ANY OTHER TYPES OF LICENCES YOU WILL

    OFFER. DELETE THIS CLAUSE IF YOU ARE NOT OFFERING ANY

    ADDITIONAL TYPES OF LICENCES.]? 2.3. These licences are separate from any licence required in respect of the

    underlying copyright in the music and lyrics on the sound recording or

    music video. Unless the underlying musical works are no longer protected

    by copyright, you will also need to obtain permission to use the underlying

    musical works (including any lyrics). Permission to use musical works can

    be sought from the Australasian Performing Rights Association (APRA)

    and the Australasian Mechanical Copyright Owners Society (AMCOS).

    These two organisations operate from the same office and have

    responsibility for different types of licensing. See www.apra.com.au or call

    1300 852 388.

    3. What is the process for direct licensing?

    ?[CLAUSE 3.1 IS OPTIONAL. DELETE IF YOU ARE NOT PROVIDING A

    SCHEDULE OF FEES E.G. IF YOU HAVE NOT DEVELOPED

    STANDARDISED FEES OR IF YOU WILL ONLY QUOTE LICENCE FEES

    AFTER YOU HAVE ALL THE RELEVANT INFORMATION.]?

    3.1. Our licence fees are set out in the schedule to these guidelines.

    3.2. To enquire about directly licensing any of our sound recordings or music

    videos, please contact ?[contact person or position name of relevant

    person at your record company]? on ?[phone number and/or email

    address]?.

    2

?[SELECT EITHER CLAUSE 3.3 OR 3.4. DELETE THE CLAUSE YOU ARE

    NOT USING. CLAUSE 3.3 MUST ONLY BE USED IF YOU HAVE

    DEVELOPED A STANARD ENQUIRY FORM.]?

    3.3. Please fill out our direct licensing enquiry form which can be downloaded

    from ?[hyperlink]? or phone us on ?[phone number]? and we will send

    you a copy.

    ?[OR]?

    3.4. We require the following information:

    a your business name;

    b your ABN;

    c your contact details;

    d a brief description of your business (eg café, gym, radio station, film

    festival);

    e an accurate estimation, to the best of your ability and in good faith, of

    the number of customers per month attending your business (for radio

    and television stations, we require an estimate of your audience

    numbers. For one-off events please estimate the number of people

    you anticipate will attend);

    f the title of each sound recording and/or music video you wish to use (if

    you wish to use the entire album please indicate this);

    g a brief description of how you will be using the sound recording and/or

    music video (please keep the description under 200 words);

    h how long you require the licence (for example, is it for a one-off event

    or do you require it for a longer period, such as 12 months?); and

    i ?[DESCRIBE ANY OTHER STANDARD INFORMATION YOU

    REQUIRE.]? 3.5. Once you have provided us with this information we will get in touch with

    you to discuss whether a direct licence is likely to be appropriate in the

    circumstances. ?[THE FOLLOWING SENTENCE IS OPTIONAL,

    DELETE IF NOT USING: Please be patient, we are only a small business

    and due to our limited resources it may take several days for us to

    respond to your valued enquiry.]?

    3.6. After speaking with you, we may require additional information. Once you

    have provided us with any additional information we require we will

    provide you with a quote for the licence fee. Our licence fee includes the

    cost of preparing the licence agreement. Licence fees vary depending on

    the type of use you are making of the sound recording or music video.

    ?[THE FOLLOWING SENTENCE IS OPTIONAL, DELETE IF NOT

    USING: Please note that we do not provide any licences free of charge.]

    3

3.7. If you accept our licence fee you must notify us in writing of your

    acceptance. We will then prepare the licence, which sets out the terms

    and conditions under which we grant you the licence. ?[THE

    FOLLOWING SENTENCE IS OPTIONAL: A copy of our standard licence

    terms is available upon request.]? 3.8. We grant licences for the following periods:

    ?[SELECT THE RELEVANT PERIODS OF TIME FOR WHICH YOU WILL

    GRANT LICENCES IF YOU DO NOT KNOW THEN DELETE THIS CLAUSE.

    IF YOU OFFER LICENCES FOR ONE-OFF EVENTS YOU WILL NEED TO

    CONSIDER WHETHER YOU CAN DO THIS AT A COMPETITIVE PRICE

    GIVEN THE LEGAL AND ADMINISTRATIVE COSTS OF LICENCING.]?

    a one-off events;

    b 6 months;

    c 12 months;

    d ?[DESCRIBE ANY OTHER PERIOD OF TIME FOR WHICH YOU

    WILL GRANT A LICENCE.]? 3.9. We grant licences to the following types of businesses and for the

    following purposes. If you business type or purpose is not listed you may

    fit into our ‘other’ category: ?[SELECT THE BUSINESS TYPES YOU INTEND TO LICENCE. DELETE

    ANY THAT YOU DO NOT WANT TO USE OR, IF YOU HAVE NOT DECIDED

    WHAT TYPES OF BUSINESSES YOU ARE LIKELY TO LICENCE, DELETE

    THIS CLAUSE.]?

    a childcare centres;

    b community halls;

    c concert venues;

    d festivals;

    e gymnasiums and fitness centres;

    f music on hold;

    g nightclubs;

    h restaurants and cafes;

    i schools and universities;

    j ?[DESCRIBE OTHER BUSINESSES OR PURPOSES FOR WHICH

    YOU WILL PROVIDE A LICENCE;]?

    k other.

    4

3.10. Once you have paid the licence fee and have signed the licence

    agreement you are able to use the sound recording and/or music video in

    accordance with the terms and conditions of the licence. Don’t forget to contact APRA and AMCOS to see if you also require a licence from them

    for the use of the musical works and lyrics. See www.apra.com.au or call APRA and AMCOS on 1300 852 388 to find out more.

    5

?[THIS SCHEDULE MUST BE DELETED IF YOU ARE NOT PROVIDING A LIST

    OF LICENCE FEES.]?

    SCHEDULE 1: LICENCE FEES

?[SET OUT THE DIFFERENT LICENCE FEES THAT YOU OFFER. YOU WILL

    NEED TO CONSIDER WHAT TYPES OF LICENCES THAT YOU WISH TO OFFER.

    INCLUDE ANY BLANKET LICENCE RATES IF RELEVANT AND EXPLAIN WHAT

    SOUND RECORDINGS AND MUSIC VIDEOS ARE INCLUDED IN THE BLANKET

    LICENCE.]?

    6

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