Adult Entertainment Venues
The Adult Entertainment scheme (AE Scheme) has been developed by OneMusic Australia (OneMusic) for live adult entertainment venues, such as clubs offering live striptease shows, exotic or erotic dancing, lap dancing, and burlesque and cabaret shows.
This Rate Setting Guide describes how OneMusic sets the rates under the AE Scheme. For more information about how OneMusic fixes rates and determines rate structures more generally, please see the Rate Setting Guide - General Background available HERE.
This scheme provides coverage for the use of OneMusic’s music in these licensing categories:
- Performance Music
- Background Music
- Website Use
Licences under the AE Scheme do not cover the use of music at the premises, or a designated part of the premises, when used as a nightclub (i.e. where recorded music is provided for patrons to dance). Use of music at a nightclub is covered by the Recorded Music for Dance Use scheme, more information about the rates is available HERE.
1. Performance Music
Performance Music is music, including music videos, that is used for the purpose of live adult entertainment performances at the premises (whether live or recorded), such as striptease shows, exotic or erotic dancing, burlesque shows, cabaret shows, and other similar performances.
Rate Structure:
The rate structure for Performance Music under the AE Scheme is an amount calculated by reference to the annual number of persons admitted to the premises. The full per person rate was phased in over a period of three years.
Rate:
The licence fee was benchmarked against the licence fees for Featured Recorded Music and were derived in direct consultation with members of the industry.
The licence fees are slightly higher than for Featured Recorded Music, to take account of the fact that the music is considered to be more central to the entertainment than the featured music use in a hotel.
2. Background Music
Background Music is when the music played is not given prominence or used as a feature of the location. It includes music contained in television programs and films – for instance, where televisions are playing at the premises.
Background music has been a feature of APRA’s public performance music licensing since the 1930s and is typically recorded music that is delivered via a sound system at the location (CDs, Digital Music Services, etc.), but can also be from televisions, radios, and commercial background music suppliers.
Rate Structure:
The rate structure for Background Music under the AE Scheme is a flat annual fee depending on:
- the number of audible television screens used at the licensed location;
- the number of music systems and music video screens, if any, used at the licensed location; and
- the device and/or source of music used.
The number of audible televisions at a location indicates the relative volume of music use being used throughout that location.
The number of music systems at a location indicates the relative volume of music use being used throughout that location, with a single music system attracting a lower rate that a location with multiple music systems. A music system means any device capable of playing music at the location, including a music system from a “commercial background music supplier”, audio jukeboxes and devices such as tablets, smartphones, computers, and CD players.
The device or source of music indicates the value of the music to the licensee. The less sophisticated the device or source, such as radio, the lesser assumed value of the use to the licensee. For instance, a licensee who chooses radio as the source for its Background Music is indicating less of an interest in the selection of musical works and the value to its business, compared to a licensee who uses a customised or even professionally curated digital playlist via a Music System.
The rate structure for Background Music comprises six (6) tier options – Sapphire, Diamond, Platinum, Gold, Silver and Bronze. Bronze, at the lowest rate, being limited to a single television screen and a single radio, and Sapphire, at the highest rate, being available to those locations with 10 or more television screens, any number of music systems and music video screens and an add-on option for additional copyrights for publicly performing music from a digital music service.
Rate:
The licence fees are the same as those for background music in hotels. More information about the rate setting process for background music is available HERE.
3. Website Use
The use of music as background streams on websites is a licensing category that appears in a number of OneMusic’s schemes, including the AE Scheme.
More information about the rate setting process for Website Use is available HERE.
4. Digital Copy/Delivery
Digital Copy/Delivery covers the right to reproduce (copy) and publicly perform music from a digital music service. The Rate Settling Guide for Digital Copy/Delivery is available HERE.