Tuesday, September 11, 2018

Fitness, Exercise & Wellbeing Licence Scheme

If you use music and run a gym, a yoga, barre or pilates studio, or if you run training sessions (either indoors or outdoors like cross-fit), or you run functional fitness, Zumba, circuit, martial arts, boxing or aquatic fitness classes or you run boot camps and the like, this licence scheme is for you.

Your Licence Fees

TIER MUSIC USAGE RATE (INC GST) MINIMAL ANNUAL FEE PER PROVIDER (INC GST)
(a) Background Fitness Music (including Music Videos) $1.35 per member per annum $220.00
(b) Music in Classes $5.41 per class
OR
$7.61 per class with more than 10 people3.271 per class with 10 or fewer people
$220.00
(c) Copying Music (burning to a CD or using a streaming service) $400 for up to 2,000 tracks per device at any one time

OR

(d) ~All-In (All of the above plus music on hold) $35.20 per member per annum $374.00

The above rates are subject to CPI (inflation) adjustments.

~ The ‘All-In’ package is an alternative offering available for those businesses that use OneMusic’s music across all their classes and may represent substantial savings, accordingly there is no rebate for partial rights.

RATE (INC GST)

Incidental Website Use

$550.00 per annum

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

If you have a café or restaurant in your fitness business you need to consult our dining licence scheme, however once OneMusic is launched if you need this coverage it will be available under this scheme.

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

What is Background Fitness Music?

We consider Background Fitness Music to be music that is played at your business for your members including in open exercise areas, changing rooms, reception/front desk or other common areas – where it is not the main focus and is primarily intended to be ‘passively listened to’.

Our definition applies regardless of

  • the device used (including a device used to show music videos);
  • the volume; or
  • how much of the day the music is used – (all or part).

Background Fitness Music also includes music used for a Group Personal Training Session.

If music isn’t Background Fitness Music we consider it is either Music in Classes(which is covered under this licence scheme) or featured music(which requires a different licence from OneMusic).

What is a Member?

We know many fitness, exercise or wellbeing businesses do not have annual or quarterly or even monthly membership fees coming in in the same way they did a decade ago. When we refer to a Member we simply mean a person (as at the date of your annual renewal) who has entered into an agreement with your fitness, exercise or wellbeing business for the purpose of using your facilities – a client. They might have a free Class Pass or similar or sign up for more regular use.

What is a Device?

A music device is any ‘appliance’ which plays sound or music videos. A smart phone is a device, so is a tablet like an iPad and of course there are more traditional devices such as radios, televisions CD players and music systems. You may use such devices to play or stream digital music services, internet radio, CDs, music videos and ‘traditional’ radio and television stations.

What is a Group Personal Training Session?

By this we mean a fitness class which is conducted on the gym floor with eight or less people by an instructor who holds personal training qualifications (Certificate IV in Fitness or the equivalent).  Other exercise activity may continue to take place around the Group Personal Training Session and background fitness music may also be playing at the same time. If the

  • class is not conducted on the gym floor (e.g. in a separate room or an area where there is no free workouts permitted), has more than eight participants and is run by an instructor without these qualifications, then the music use would be simply classified as Music in Classes.
  • music playing in this type of class is altered or curated (for example, you have set up a particular playlist to commence at the start of the personal training session) this music use is also a simply classified as Music in Classes.

What is considered Music in Classes?

We consider Music in Classes to be any music that is played specifically for a fitness, exercise or wellbeing class or session, which is directed by a fitness instructor and included in a published timetable, whether the activity is choreographed to the music or not and whether that is inside a venue or not. So that might be a relaxation track played for a yoga session, heavy metal music played for a boxing training session, a specific music playlist set up for a group personal training session or classical tracks for a barre class. We also include music supplied by companies that offer pre-choreographed group fitness services in our Music in Classes definition.

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.

What is considered Incidental Website Music Use?

Under the fitness, exercise and wellbeing exercise 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 what 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 fitness, exercise or wellbeing business use 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

Background Fitness Music means music that is played from a device, including but not limited to a music system, smartphone, tablet, radio or television, and which is not curated, altered or played in any manner whatsoever so as to be synchronised with an Exercise Class and is primarily intended to be passively listened to and not to be the main focus for Members attending the centre.

Member means a person who has entered into an agreement with your business for the principal purpose of using your facilities for physical exercise and/or Exercise Classes.

Music in Classes means music used as part of a structured form of exercise conducted in a class environment on a commercial basis whether at a Fitness Centre or by your business if you are a Fitness & Wellbeing Instructor, which: a) is directed by a fitness instructor (regardless of whether it is conducted by an on-staff or freelance instructor); b) is included in a published time-table or advance notification to potential participants; c) includes but is not limited to the following category of structured exercise class: freelance or pre-choreographed group fitness (including Les Mills, MOSSA, Radical and Zumba) circuit, dance, cycle/spin, flexibility/ stretching/ abdominal, yoga, Pilates or aqua.

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):

  1. where the music is audio-only content;
  2. where the music use is incidental and the primary purpose of the website is not the streaming or sharing of musical content;
  3. 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
  4. 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.