Digital Copy/Delivery
The Digital Copy/Delivery rate has been developed by OneMusic Australia to enable businesses to use music legally when they use personal digital streaming services to provide, generally background, music for their customers. Digital Copy/Delivery is available as part of numerous OneMusic Australia licence schemes, such as the Retail and Service Providers and the Hotels, Pubs, Taverns, Bars and Casinos schemes.
It is important to note that while this cover gives a licensee permission to use our music in its business; it does not override the Terms of Use for the personal digital music service it is using, nor does it give the licensee permission to use that particular digital music service for a commercial purpose – that permission can only come from the owners of that digital music service. Accordingly, even with our licence, the use of digital music streaming services by a licensee in its business may be in breach of the terms and conditions of the end user agreement with that service.
This Rate Setting Guide describes how OneMusic Australia sets the rates for Digital Copy/Delivery. 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.
Digital Copy/Delivery
Digital Copy/Delivery covers the right to reproduce (copy) and publicly perform music from a consumer digital music service.
Rate Structure:
The rate structure for Digital Copy/Delivery is a fixed amount per business. For some OneMusic schemes it is available as a separately priced rate, and in others it is priced into the ‘public performance’ cover. In both instances a business may use up to 2,000 tracks at any one time.
Rate:
Although APRA AMCOS and PPCA had licences in place to permit a business to use, cache or make copies of music for the purpose of playing as background music, there were notable differences in the two existing structures. The PPCA scheme was limited to a maximum of 250 tracks per year on a cumulative basis, whereas the APRA AMCOS scheme was tiered depending on the maximum number of tracks copied on the relevant device at one time.
The APRA AMCOS rate was introduced in 2014 and benchmarked on the Copyright Tribunal Digital Download case decision, taking into account the volume of tracks used across the tiers. At the time of the OneMusic consultations, the APRA AMCOS rate was $256.78 for up to 1,000 tracks at any one time and the PPCA rate was $147.13 for a maximum of 250 tracks.
OneMusic sought submissions on different structures and in response to feedback and, using these two benchmarks, the OneMusic Digital Copy/Deliverywas introduced at $400 for a maximum of 2,000 tracks. While the new rate was essentially the same as the aggregate of the old APRA AMCOS and PPCA rates, it permitted a doubling of the threshold against the old APRA AMCOS rate, and an eight-fold increase against the old PPCA rate.