DIRECT LICENSING policy (Public performance and COMMUNICATION rights)
Direct licensing policy
This is the direct licensing policy of Joshua Romig (also using performer name “Ernest Aines”). This document contains information about licensing my 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.
An alternative to licensing the sound recording or music video directly from me is to obtain a blanket licence from OneMusic Australia through the website https://onemusic.com.au or call 1300 162 162.
If you obtain the OneMusic licence then you will not require a licence from me because the blanket licence gives you permission, within the terms of the licence, for the public performance of musical works and sound recordings, with the exception of broadcast, webcasting and simulcast licences which can be obtained from me or through the Phonographic Performance Company of Australia (PPCA). PPCA can be contacted through their website https://www.ppca.com.au/ or call (02) 8569-1111.
Types of licences offered for sound recordings and music videos
I only provide non-exclusive licences which means I can offer the same licences to other people. For example, if I license your restaurant to play my sound recordings and/or music videos, I can also license any other businesses (including other restaurants) that wish to play my sound recordings and/or music videos.
I offer licences for the following purposes:
Transmission licences for my 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;
Public performance licences for my 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;
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 OneMusic Australia through the website https://onemusic.com.au or call 1300 162 162.
What is the process for direct licensing?
I require the following information:
your business name; your ABN; your contact details;
a brief description of your business (eg café, gym, radio station, film festival);
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);
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);
a brief description of how you will be using the sound recording and/or music video (please keep the description under 200 words);
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?);
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. Please be patient, it may take several days for us to respond to your valued enquiry.
After speaking with you, I may require additional information. Once you have provided me with that I will provide you with a quote for the licence fee. My 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.
If you accept the licence fee you must notify me in writing of your acceptance. I will then prepare the licence, which sets out the terms and conditions under which I grant you the licence. A copy of our standard licence terms is available upon request.
I grant licences for the following periods:
one-off events; 6 months; 12 months; other period as arranged
I grant licences to the following types of businesses and for the following purposes. If your business type or purpose is not listed you may fit into the ‘other’ category:
childcare centres; community halls; concert venues; festivals; gymnasiums and fitness centres; music on hold; nightclubs; restaurants and cafes; schools and universities; other.
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 OneMusic to see if you also require a licence from them for the use of the musical works and lyrics. See https://onemusic.com.au or call 1300 162 162.