1. Our direct licensing guidelines
1.1 These are the direct licensing guidelines of The Broken Sweethearts (we/us/our). This document contains information about licensing our sound recordings and music videos setting out the procedure to be followed when you are making an enquiry about direct licensing for public performance/s or transmission/s.
1.2 An alternative to licensing the sound recording or music video directly from us is to obtain a blanket license from the Phonographic Performance Company of Australia (PPCA). If you obtain a PPCA blanket licence then you will not require a license from us as the blanket license gives you permission, within the terms of the license, to play any recordings from the PPCA catalogue which included over 5,000 recording labels including our sound recordings and music videos. Go to www.ppca.com.au for more information or call PPCA on +61 (0) 2 8569 1111 for more information.
2. Types of licenses offered for sound recordings and music videos
2.1 We only provide non-exclusive licenses. This means we can offer the same licenses to other people. For example, if we license your café to play our sound recordings and/or music videos, we can also license any other businesses (including othr cafes) that wish to play our sound recordings and/or music videos.
2.2 We offer licenses for the following
purposes:
a) transmission licenses for our sound recordings and music videos. You
will need a transmission license 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 licenses for our sound recordings and music videos. You will need a public performance license if you intend to play the sound recording or music video in public, for example by playing our recordings on a CD, iPod, IPad, MP3 or other storage device at your business premises;
2.3 These licenses are separate from any license 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, (which, as at 2014 is NOT the case) 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 Association (AMCOS). These two organizations operate from the same office and have responsibility for different types of licensing. Visit www.apra.com.au or call 1300 852 388 for more information.
3. What is the process for direct licensing?
3.1 We require the following information:
a) Your business name
b) Your ABN or ACN (if applicable)
c) Your contact details
d) A brief description of your business (e.g. café, restaurant, gym, radio station, music festival, retail store, 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, television and internet audio/video channels, we require an estimate of your audience numbers). For one-off events, such as festivals, 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 (or an entire album)
g) A brief description of how you will use the sound recording and/or music video
h) How long you require the license e.g one-off event, 12 months;
3.2 Each direct license will be considered on a case by case basis. Once we have received your request (including the requested information outlined above) we will respond to you, in writing, whether a license is appropriate in the circumstances.
3.3 After speaking with you, we will provide you with a quote for the license fee. Our license fee includes the cost of preparing the licensing agreement. Costs will vary depending on the type of use for the sound recording and/or music video and other factors including, but not limited to, expected size of audience, duration of the agreement and geographic reach.
3.4 If you accept our license fee proposal you must notify us in writing of said acceptance. We will then prepare the license setting out the terms and conditions under which we grant you the license.
3.5 Once you have paid the license fee and have signed the license agreement you are able to use the sound recording/s and/or music video/s in accordance with those specific terms and conditions. Remember that you must alos contact APRA and AMCOS to determine if you also require a license from them for use of the musical works and lyrics. See www.apra.com.au or call 1300 852 388 if you need more information.
3.6 For licenses in territories other than Australia, please contact us at the address below.
3.7 Contact us at:
The Broken Sweethearts
228B Barkly Street, St Kilda, Victoria 3182, AUSTRALIA