Clubs
The Clubs Scheme has been developed by OneMusic Australia (OneMusic) for not-for-profit member-based entities such as RSL Clubs, Sporting Clubs, Cultural Clubs and Registered and Licenced Clubs.
This Rate Setting Guide describes how OneMusic Australia sets the rates under the Clubs Scheme. For more information about how OneMusic Australia 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 our music in these licensing categories:
- Music for Clubs
- Website Use
- Premium Featured Music Events
- Recorded Music for Dance Use
- Music in Fitness Classes from any number of devices
1. Music for Clubs
Music for Clubs includes:
- Background Music for all locations (including all ancillary areas such as gymnasiums);
- Featured Music Events (whether live or recorded performances) where Entry Fee is $40 or less;
- Music for Dance Classes;
- Workplace Music;
- Telephone on Hold;
- Exhibition of Music Videos;
- Karaoke Events where Entry Fee is $40 or less; and
- Delivery/Copy for the above uses.
Background Music covers OneMusic’s music played from radios and CD players, and music (including music videos) played from smartphones, tablets, TV screens and other devices that are not used as a prominent feature of the entertainment of the Club facilities or event. The music is not given prominence or used as a feature of the Club.
Featured Music Events covers Featured Recorded Music Performances, Live Music Performances, Recorded Music Performances and Karaoke Events where the Entry Fee is $40 or less.
Music for Dance Classes covers music used in association with dance classes, lessons and rehearsals at Clubs. It does not include the use of music in dance classes undertaken primarily for the purposes of exercise (such as those occurring in fitness centres or gyms).
Workplace Music covers music when it’s played by (or for) Club staff including music on employees’ headphones or radios while working, in staff recreation areas and lunchrooms as well as in Club presentations and training sessions and includes the use of music during staff-only video conferences when held via a secure network. Telephone on Hold is use of music on a Club’s on-hold system. More information about Workplace Music and Telephone on Hold is available HERE.
Exhibition of Music Videos means to cause a music video, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public.
Delivery/Copy covers the right to reproduce (copy) and publicly perform music from a digital music service in a business setting. More information about Digital Copy/Delivery is available HERE.
Rate Structure:
The rate structure for Music for Clubs under the Clubs Scheme is a rate per member (with two tiers), subject to a six-year phase-in with licence fees according to the licence fee paid by the club prior to the commencement of OneMusic.
Rate:
OneMusic and Clubs Australia, which represents each of the State and Territory Club associations, wished to introduce a simple single rate scheme and negotiations took place including the sharing of data and modelling (with reference to existing licence fees paid by clubs and membership numbers) to reach agreement on the rate and structure.
2. Website Use
The use of music as background streams on websites is a licence category that appears in a number of OneMusic’s schemes, including the Clubs scheme.
The fixed annual rate for Website Use is dependent on the number of websites for each Club and is able to be ‘added on’ to a Music for Clubs licence.
More information about Website Use is available HERE.
3. Premium Featured Music Events
Under the Clubs Scheme, the Premium Featured Music Events usage category is split into three sub-categories:
- Featured Recorded Music Performances where Entry Fee is greater than $40;
- Live Music Performances where Entry Fee is greater than $40; and
- Recorded Music Performances where Entry Fee is greater than $40.
Featured Recorded Music Performances means recorded music used at the Club that is given prominence as a feature of that venue (not including a Recorded Music Performance). It includes performances by DJs or a Karaoke night and those as part of a specific event or series of events such as ‘Sunday Jazz’.
Live Music Performances means a performance of music at an event or function by a Live Artist Performer. For example, a Live Music Performance is where a live band plays guitars and keyboard while singing, all live.
Recorded Music Performances means a musical performance at the Location by a Live Artist Performer where Sound Recordings are played as an element of their live performance. For example, a Recorded Music Performance includes performers who play recorded music to accompany their activity on stage or by including remixes, samples, or stems from other tracks in their performance.
A Live Artist Performer means any performer participating in the performance of music including featured and associated singers, musicians, DJs, electronic music artists, dancers, models, and conductors.
Rate Structure:
The rate structure for Premium Featured Music Events under the Clubs Scheme depends on the sub-category.
The rate structure for Featured Recorded Music Performances is a per attendee rate multiplied by the number of persons admitted to relevant Featured Recorded Music Performance area within the Club where Featured Recorded Music Performances can be heard for each day of operation (24 hour period).
The rate structure for Live Music Performances is a percentage of the annual:
- Gross Expenditure on Live Artist Performers; and
- Gross Sums Paid for Admissions, as relevant.
The Gross Expenditure means the total of all salaries, wages, profit shares, allowances and accommodation, travel and other expenses (but excluding GST), of the Live Artist Performer or their agent, manager, assistant, or associate.
The Gross Sums Paid for Admissions means the total amount paid for entry to the event (including the value of all tickets sold or redeemed), but excluding government taxes or other charges.
The rate structure for Recorded Music Performances is a percentage of the annual:
- Gross Expenditure on Live Artist Performers; and
- Gross Sums Paid for Admissions, as relevant,
PLUS an amount per persons admitted to each Recorded Music Performance.
Rate:
The licence fees are similar to the fees under the Hotels, Pubs, Taverns, Bars and Casinos licence; more information about the rate and structure is available HERE.
4. Recorded Music for Dance Use
Recorded Music for Dance Use means recorded music played for the purpose of dancing such as in a nightclub or dance area.
Rate Structure:
The rate structure for Recorded Music for Dance Use is an amount per person admitted to each RMFD Area for each day of operation per year. The daily fee is capped according to the capacity of the RMFD Area.
RMFD Area means a physically separate area, either within a multi-function establishment or a standalone dance venue, that provides Recorded Music for Dance Use by patrons and has a dance floor or charges an Entry Fee.
Rate:
The original rate, which was calculated according to the capacity of the RMFD Area, was determined by the Copyright Tribunal of Australia in 2007, in a reference by PPCA that was subsequently applied by APRA (but according to attendance, rather than capacity). The OneMusic rate, which was introduced in March 2021, is now calculated on attendance covering both APRA and PPCA rights and is discounted from what would be the rate if the previous APRA rate and the previous PPCA were added together.
5. Music in Fitness Classes from any number of devices
Under the Clubs Scheme, the Music in Fitness Classes usage category is for the use of music in a timetabled fitness class or session, which is directed by a fitness instructor, inside or outside the Club.
A Fitness Class means any structured form of exercise conducted commercially in a ‘class or tutorial style’ (for instance, Zumba, circuit and cycle/spin as well as yoga, Pilates and aqua fitness). These classes could be held within a Club, Fitness Centre or anywhere else including outdoors - as long as it is led by a Fitness and Wellbeing Instructor. To fall under this definition, the Fitness Class needs to be directed by a staff or freelance fitness instructor and is included in a timetable type of notice to clients and prospects.
Rate Structure:
The rate structure for Music in Fitness Classes under the Clubs Scheme is calculated by reference to the number of classes per year, split into two options.
Option A provides for a single rate per Fitness Classes irrespective of the number of participants per class and Option B provides for two rates according to the number of Fitness Classes with more than 10 participants per year and the number of Fitness Classes with 10 or fewer participants per year.
Rate:
The licence fees are the same as under the licence scheme for Fitness Classes. More information about the rate and structure is available HERE.