Monday, September 3, 2018

Dance and Performance Instructors and Schools Licence Scheme

If you run a dance school, performance school or you are an instructor of this type of school and you use music in your classes, this licence scheme is for you.

We recognise that dancing is a great form of exercise, however where the class activities are primarily targeted toward fitness and not simply dance, then you will require our fitness, exercise and wellbeing licence.

Your Licence Fees

We have grouped our rates for music use into four packages. If you use music you will need at least one of these packages and many schools will need more.

CLASSES PACKAGE EVENTS PACKAGE* COPYING PACKAGE WEBSITE PACKAGE
Average Classes Per Week Annual Fee Per Location Annual Fee Annual Fee Per Student Annual Fee Per  Website
1 – 5 $175.00 One event per year: $200
Unlimited events per year: $400.00
$6.051
(Annual Minimum Fee = $90.75)
$550.00
6 – 20 $350.00
21 – 40 $525.00
41+ $700.00

* where ticket price is $40 or less

1 The current AMCOS ARIA per student rate subject to estimated increase by CPI.

The rates for the proposed OneMusic Telephone Hold Music licensing scheme are outlined below for your reference.

All the proposed rates below are expressed inclusive of GST at 10% and are applicable to the first year the scheme is offered by OneMusic Australia.

For single location clients, the proposed rates are as follows:

SINGLE LOCATION CLIENTS
(A)
CALLER CAPACITY LINES
(B)
ANNUAL RATE PER CLIENT COMMUNICATION ONLY
(C)
ANNUAL RATE PER CLIENT COMMUNICATION AND COPYING
1 – 2 $240 $300
3 – 5 $315 $390
6 – 10 $470 $590
11 – 25 $780 $975
26 – 50 $1,480 $1,850
51 – 100 $2,530 $3,036
100 – 200 $4,700 $5,640
201 – 300 $8,000 $9,600
301 – 400 $10,320 $12,380
Additional Lines Thereafter (Rate Per Line) $18 $22

For clients with multiple locations – i.e. more than one physical premises – the proposed rates per client (not per location) are as follows:

MULTIPLE LOCATION CLIENTS
(A)
CALLER CAPACITY LINES
(B)
ANNUAL RATE PER CLIENT
COMMUNICATION ONLY
(C)
ANNUAL RATE PER CLIENT
COMMUNICATION AND COPYING
1 – 2 $320 $400
3 – 5 $460 $575
6 – 10 $710 $890
11 – 25 $1,180 $1,475
26 – 50 $2,340 $2,920
51 – 100 $4,140 $4,970
100 – 200 $8,600 $10,320
201 – 300 $15,000 $18,000
301 – 400 $20,000 $24,000
Additional Lines Thereafter
(Rate Per Line)
$30 $36

The defined legal terms can be found at the end of this information sheet but in plain-English the following may be helpful.

How is Average Classes Per Week calculated?

This is calculated using the number of your classes from the first full week of February and the first full week of August in each year. This allows us to account for fluctuation across different Terms.

What is meant by ‘Per Location’?

In the Performance Classes Package, Per Location applies only to permanent locations you own or lease where you offer classes at the same time across these locations. In other words, you own and operate multiple studios. For example you might have one studio in Ryde and another studio in Balmain offering dance classes across the week. This is considered two locations. If however you conduct classes at Ryde at 5pm on Wednesdays and Balmain at 6pm on Fridays perhaps because you cannot hire the same space for both classes you will not be required to pay for more than one location.

What if you use syllabus music in your dance class?

We understand that there are organisations that provide syllabus music to the dance industry and they correctly pay a fee to reproduce (copy) this syllabus music onto a CD, a digital file or other media. While they are reproducing the music, they are not publicly performing the syllabus music. Public performance is a separate right. Any business that plays music that is in copyright is responsible for obtaining a licence or other permission for the public performance right for use of that music.

Why does the number of events I hold have a bearing on my licence rates?

Many smaller dance schools only have one event per year and their fee is $200. For larger scale schools who hold two or more events a year they will pay a flat annual fee of $400 whether they have two events or 22 events. It is a dance schools’ responsibility to establish whether an outside venue or concert promoter already has an appropriate OneMusic licence so that public performance rights are covered.

Note that if the ticket price for an event you hold is $40 or more, you will need to obtain a separate licence for the specific event.

How do I count the number of events?

You only need to count the number of events that you put on yourself, whether that is at your studio or another location. Where your students are performing at another event – such as a dance competition or eisteddfod – OneMusic will have other licence arrangements in place.

What is copying music?

If you are a business and you access or copy music that is only authorised for personal use an additional music licence fee is payable. For example, if your business:

  • makes a reproduction (copy) of a CD or other ‘physical’ music format (such as a PC or iPhone) an additional music licence fee is payable.
  • uses music from a PERSONAL digital music/streaming service or digital download service an additional music licence fee is payable.

The OneMusic licence fee authorises your use of music in a business setting.  However, for digital music/streaming services and digital download services your use will almost certainly be in breach of the Terms and Conditions of your End User Agreement. Because these permissions are not controlled by us all we can do is suggest you contact your digital music/streaming service provider to discuss with them the use of the service in your business.

This package also covers other forms of copying you may undertake, specifically:

  • copying for the purpose of playing during classes, lessons and rehearsals;
  • copying for the purpose of providing those copies to students for their personal practice outside dance school classes, lessons and rehearsals; and
  • making video recordings of dances – rehearsals or performances – for the purpose of providing to students for their own personal use or practice.

However, please note that the Australian Dance and Performance Instructors and Schools licence does not cover copying for use in eisteddfodau which is the responsibility of the eisteddfod organiser.

What is considered Incidental Website Music Use?

Under the dance and performance instructors and schools licence scheme we are able to license certain incidental uses of music on your business’ official website (not your Facebook or Instagram page, which are covered under separate licence arrangements) when the music is audio-only and when the primary purpose of your website is clearly not the streaming or sharing of musical content.

You also need to make sure that you use no fewer than 5 and no more than 15 tracks playing in a random linear, non-interactive loop and do not make any revenue from the streaming of the music on your website.

If you want to do more with music on your website contact us and we can advise the different licences you will require.

What is Telephone Hold Music?

We know that a lot of the business in your sector is conducted over the phone and it is important to retain caller’s interest and that’s where telephone hold music helps. Telephone hold music can be played from the radio or a recorded source – including from music you have copied yourself – or from a specialist firm.

What if I don’t need all the rights on offer?

We understand that not all classes in every dance business uses music and we also understand not all classes require licences from us for both the song and the recording (the two rights).

We simply need you to report to us the number of your classes using both rights and the number of your classes using one right (either the rights in the song or the rights in the recording only). Licence fees for one right enjoy a 48.25% rebate.

The same rebate and reporting requirements applies to other music licence rates in this scheme.

Legal Terms

Incidental Website Music means music streamed from your business’ official website (excluding any third party platforms and websites such as but not limited to Facebook and Instagram):

  • where the music is audio-only content;
  • where the music use is incidental and the primary purpose of the website is not the streaming or sharing of musical content;
  • provided the music is limited to no fewer than 5 and no more than 15 tracks playing in a random linear, non-interactive loop; and
  • where no revenue is derived from the playing of music.

Telephone Hold Music means music used on a telephone on hold system, whether sourced from radio or a recorded source;

Note that the final form of the definitions may change for drafting purposes in the published licence scheme. We may also add further definitions if required.