GUIDELINES FOR LICENSING PUBLIC PERFORMANCE AND COMMUNICATION RIGHTS IN WE ARE UNIFIED SOUND RECORDINGS AND MUSIC VIDEOS (“GUIDELINES”)
Guidelines last updated and current as at 1 July 2011
We Are Unified Pty Limited (“UNFD”) has a small but developing collection of master recordings.
The information contained in these Guidelines is designed to outline the circumstances in which UNFD would consider entering into direct licences. In order for UNFD to be able to provide the most efficient service, for public performance, broadcast and communication licensing, please see the Guidelines and important information below. Please note that the information contained in these Guidelines may change from time to time.
What type of licences do these Guidelines cover?
The Guidelines cover the grant of Public Performance Rights and certain (but not all) Communication Rights in sound recordings and videos owned or controlled by UNFD to third parties by UNFD (“Licence(s)”).
Such Licences granted by UNFD are non-exclusive. i.e. UNFD is entitled to grant the same rights in its sound recordings and music videos to other third parties.
A Public Performance Right means the right to play sound recordings and music videos in public;and
A Communication Right means the right to communicate to the public real sound recordings and music videos including the right to broadcast sound recordings and music videos.
These Guidelines do not cover all licences that grant a Communication Right. Please see below for further explanation and more details of the types of licences covered by these Guidelines that require a Communication Right.
Rights and Licences
UNFD will grant Public Performance Rights or Communication Rights in UNFD sound recordings and music videos directly to third parties for the following purposes:
(a) Public Performance – This Licence will grant the user the right to cause a sound recording to be heard or a music video to be heard and viewed in public. The type of Licence covers sound recordings and music videos played in public venues such as cricket grounds, sports arenas, nightclubs or hotels, and sound recordings played as background music in retail stores, restaurants and cafes.
(b) Broadcasting – This Licence will grant the user the right to communicate a sound recording and/or a music video to the public by means of a broadcasting service (as that term is defined from time to time in the Broadcasting Services Act (BSA)) or any similar or related service or activity in the nature of “broadcasting” (as that term is commonly understood). This would include licences in both sound recordings and music videos for radio and/or television broadcast.
Please note that the Copyright Act gives the user the right to publicly perform or broadcast a sound recording or music video, provided equitable remuneration is paid for its use. The Licences set out above are automatic under the Copyright Act if remuneration is already agreed between the parties.
(c) Webcasting – This Licence grants the user the right to communicate a sound recording and/or music video to the public by means of a non-interactive, pre-programmed service which has the following characteristics:
The communication from the servers of the service provider occurs over the internet;
i. multiple simultaneous users of the service can hear the sound recording on their playback devices at or near the same time that the communication of the sound recording is initiated by or on behalf of the operator of the service;
ii. no user is able to choose which sound recordings they hear or the times at which they hear them, or is otherwise able to control the nature and timing of the content delivered to them (i.e. there is no on-demand element); and
iii. there is no copy of the sound recording, or any other form of fixed file or data from which the user can subsequently replay the sound recording, which is created on the user’s playback device.
(d) Music On Hold – This Licence grants the user the right to communicate a sound recording to telephone callers on hold by any means (whether analogue or digital and whether now known or developed in the future) from a device, system or service used in connection with any telecommunications device, system, service or network. UNFD does not usually grant these licences due to the fact that it is generally not commercially viable for it to negotiate, administer and report on these licences. However UNFD will grant Music On Hold licences in certain circumstances. Please contact our Business Affairs department for further information.
These Guidelines do not seek to cover UNFD’s licensing policy in respect of all other types of licences not expressly referenced, including but not limited to:
(a) Synchronisation licensing or compilation licensing. For these type of licences please contact our label manager via email firstname.lastname@example.org; and
(b) Licences that grant Communication Rights in UNFD recordings which require on-demand rights for such licence (e.g. digital downloads, on-demand streaming to mobile or on-line and podcasting). For those licences, please contact our Business Affairs via email email@example.com.
Alternative Licence Available via the PPCA
An alternative to obtaining Licences directly from UNFD, is to obtain a licence for UNFD sound recordings and music videos from the PPCA (to which UNFD has granted non exclusive rights in its sound recordings and music videos). PPCA is able to grant blanket licences not only in respect of UNFD recordings and music videos, but also may grant rights in sound recordings and music videos owned by other copyright owners. To find out more about licensing from the PPCA, please go to www.ppca.com.au.
Whether you licence UNFD sound recordings and music videos from UNFD or PPCA is at your discretion.
Fees and Standard Terms
Each Licence and the fees/royalties payable are negotiated on a case by case basis.
The following will be considered in determining the fees/royalties payable:
(a) The prevalence of the sound recordings (e.g. how important is the music to the service,);
(b) the size of the audience and, for music videos, the number of screens in use; and
(c) the rights that the user requires.
The fee/royalty applicable may also vary depending on the rights the user requires and the service that is being offered (e.g. in some cases pay per play, in other cases a percentage of the revenue generated by an advertisement).
Fees may also vary having regard to any marketing the user agrees to undertake in respect of the UNFD recordings and music videos, any customer data available, and any other indirect benefits. Please note that the aforesaid provisions shall not automatically result in a reduced rate.
UNFD does have some standard terms that are typically included in the types of Licences referred to in these Guidelines:
(a) Advances: UNFD usually requires an advance payment and/or minimum guarantee, and in any event, in all cases when UNFD has not had a prior contractual arrangement with the user.
(b) Term: UNFD initially grants one (1) year licences.
(c) Content Preparation and Delivery Fee: Where the user requires UNFD to deliver it the content (rather than sourcing the content yourself), UNFD typically charges a content preparation and delivery fee.
(d) Reporting: UNFD requires quarterly reporting for all Licences other than Licenses where a one-off flat fee is charged. UNFD also requires users to maintain and provide play logs. Webcasting Licences have further reporting requirements and are subject to international approval.
(e) Territory: UNFD grants Licences for the territory of Australia. If you would like to get a licence for New Zealand as well, or other countries in addition to Australia, this will be subject to a separate licence. UNFD can put you in touch with the appropriate people in other territories if required.