Fitness
The Fitness, Exercise and Wellbeing scheme has been developed for music used in a fitness facility or when instructing clients in fitness, toning, or strengthening, such as music played at gyms, Pilates studios, boot camps, aqua fitness classes, and Zumba classes.
This Rate Setting Guide describes how OneMusic Australia sets the rates under the Fitness, Exercise and Wellbeing 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.
Licensees under this scheme range from small, single-location premises (for example, a yoga studio) to large, multi-location operators (for example, a gym franchise).
This scheme provides coverage for the use of OneMusic Australia’s music in these licensing categories:
- All Inclusive
- Background Music (including Music Videos)
- Music in Classes
- Website Use
- Digital Copy/Delivery
- Telephone on Hold
1. All Inclusive
The All Inclusive licence category includes:
- any number of devices for Background Music;
- any number of Music Videos;
- any number of devices and any number of Fitness Classes using Music in Classes;
- Digital Copy/Delivery for up to 2,000 tracks; and
- any number of lines for Telephone on Hold music.
Background Music means music that is passively listened to in open exercise areas, change rooms, reception, and other common areas. Background Music also applies to Group Personal Training Sessions and Virtual Fitness Classes. Background Music could be played through a background music system or everyday devices such as tablets, smartphones, computers, CD players, and television screens (including personal screens fitted to exercise equipment).
A Fitness Class is any structured form of exercise conducted commercially in a class or tutorial style, such as Les Mills, MOSSA, Radical and Zumba, circuit, dance, cycle/spin as well as flexibility/stretching/abdominal workouts, yoga, Pilates or aqua fitness.
Rate Structure:
The rate structure for the All Inclusive licence category is a flat fee, with the fee depending on the total number of Members. The All Inclusive rate structure may provide a saving when compared to the aggregate licence fees for background music, music in classes, digital copy/delivery and telephone on hold, and is applied when this is the case.
The total number of Members means the total number of clients of the fitness centre who have entered into an agreement with the business (or a third-party provider such as ClassPass) to use the facilities or services. This covers a free period as part of a subscription, casual visit, class pass or a regular sign up.
Rate:
The rates were determined following a mediation with one fitness chain, then followed by a consultation process with peak industry bodies. The existing APRA AMCOS and PPCA rates were used as a benchmark.
2. Background Music (including Music Videos)
The Background Music (including Music Videos) licence category includes:
- any number of devices for Background Music; and
- exhibiting Music Videos.
Rate Structure:
The rate structure for the Background Music (including Music Videos) licence category is a flat fee, with the fee depending on the total number of Members (see definition above).
Rate:
OneMusic conducted a consultation process to develop a new rate including with the peak industry body, Fitness Australia (now known as AUSactive). The starting point for the new OneMusic rate was the rate previously negotiated between APRA and Fitness Australia in 2012 but adjusted to include sound recording rights (where applicable).
3. Music in Classes
The Music in Classes licence category includes any number of devices for Music in Classes.
Music in Classes means music used in association with a Fitness Class (including music supplied by companies that offer pre-choreographed group fitness services).
The licence category is split into two categories: Option A and Option B.
Rate Structure:
The rate structure for Option A under the Music in Classes licence category is a flat fee, with the rate depending on the total number of Fitness Classes per year irrespective of the number of participants for each class.
The rate structure for Option B under the Music in Classes licence category is a tiered flat fee, with the rate depending on the number of participants per Fitness Class and the total number of Fitness Classes per year.
Under both Option A and B, a deduction applies for any class where either no PPCA recordings or no APRA and/or AMCOS works are used.
Rate:
Fitness classes have been licensed on a per class rate for more than 25 years. APRA conducted a negotiation with Fitness Australia in 2010/11 to develop new rates. Fitness Australia and PPCA then agreed to use the same rates and structure. The OneMusic rates are essentially the sum of those two prior rates.
4. Website Use
The use of OneMusic Australia’s music as background streams on websites is a licence category that appears in a number of OneMusic Australia’s schemes, including the Fitness, Exercise and Wellbeing scheme.
More information about the rate and rate structure for Website Use is available HERE.
5. Digital Copy/Delivery
Digital Copy/Delivery covers the right to reproduce (copy) and publicly perform music from a digital music service and appears in a number of OneMusic Australia’s schemes, including the Fitness, Exercise and Wellbeing scheme.
More information about Digital Copy/Delivery is available HERE.
6. Telephone on Hold
Telephone on Hold covers the use of OneMusic Australia’s music on a ‘telephone on hold’ system, whether sourced from radio or a recorded source.