Public Vehicles and Vehicles for Hire
The Vehicles scheme has been developed by OneMusic Australia (OneMusic) for businesses that run a fleet of vehicles for hire, such as buses, trains, limousines or party boats.
This Rate Setting Guide describes how OneMusic sets the rates under the Vehicles 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:
- Background Music for Vehicles
- Exhibiting Music Videos in Vehicles
- In-Seat Personal Entertainment in Vehicles
- Website Use
- Featured Recorded Music
- Recorded Music for Dance Use
- Live Music Performance
- Workplace Music and Telephone on Hold
1. Background Music for Vehicles
Background Music for Vehicles means music played from radios, CD players, smartphones, tablets, televisions, and other devices that is not used as a prominent feature of the entertainment on the vehicle.
Rate Structure:
The rate structure for Background Music for Vehicles under the Vehicles Scheme is a flat fee, with the rate depending on:
- the device and/or source of music used; and
- the vehicle capacity.
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. For instance, it can be assumed that 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 their business, compared to a licensee who uses a customised or even professionally curated digital playlist.
There are three (3) options depending on the device and/or source of the music played – Gold, Silver and Bronze. Bronze, at the lowest rate, is limited to a terrestrial or digital broadcast through television and/or radio. Gold, at the highest rate, includes additional rights for publicly performing music from a digital music service.[1]
Each of Gold, Silver and Bronze are further divided into ‘Vehicle Capacity (Seats)’ tiers based on the number of passengers that the vehicle is authorised to carry.
Rate:
The APRA AMCOS rates are benchmarked against the equivalent rates for Background Music for Retail and Service Providers, which were themselves derived from the 2006 retail background music decision of the Copyright Tribunal.
A deduction applies for the Gold and Silver tiers where either none of our PPCA recordings or none of our songs are used. A separate deduction applies to all tiers for each vehicle that operates fewer than 150 days per year.
2. Exhibiting Music Videos in Vehicles
Exhibiting Music Videos in Vehicles means to play music videos via a source such as a television network channel (MTV or ABC Rage), online platforms such as Vevo, digital services such as YouTube, or from a DVD.
Rate Structure:
The fixed rate for Exhibiting Music Videos in Vehicles is divided into ‘Vehicle Capacity (Seats)’ tiers based on the number of passengers that the vehicle is authorised to carry. Exhibiting Music Videos is able to be ‘added on’ to a Background Music for Vehicles licence.
Rate:
The rates and structure were benchmarked against the rates for Exhibiting Music Videos under the Retail and Service Providers licence. More information about the rate and rate structure for Exhibiting Music Videos under the Retail and Service Providers licence is available HERE.
3. In-Seat Personal Entertainment in Vehicles
In-Seat Personal Entertainment means on-demand access to music, films, and television shows (shown to passengers on a vehicle’s screens or via Wi-Fi).
Rate Structure:
The rate structure for In-Seat Personal Entertainment under the Vehicles Scheme is a flat fee, with the fee depending on the number of passengers per year. The annual rate for In-Seat Personal Entertainment is able to be ‘added on’ to a Background Music for Vehicles licence.
Rate:
These rates and structure were benchmarked against the rates payable by airlines, which were negotiated by APRA AMCOS and airlines (Qantas and Virgin) in 2011/2.
4. Website Use
The use of OneMusic’s music as background streams on websites is a licence category that appears in a number of OneMusic’s schemes, including the Vehicles Scheme.
More information about the rate and rate structure for Website Use is available HERE.
5. Featured Recorded Music
Featured Recorded Music means recorded music used in a vehicle that is given prominence as a feature of that vehicle, but does not include live music performances or recorded music for dance use. It includes performances by DJs, including those advertised as part of a specific event or series of events, Karaoke, and nights of operation where the music has been compiled with a particular or recognisable theme such as ‘Retro Night’, ‘Friday Night Beats’, or ‘Sunday Jazz’.
Rate Structure:
The Featured Recorded Music rate is an amount per passenger per day of operation. An amount per passenger was considered as the most appropriate rate structure, given that there is unlikely to be a box office (entry will typically be free) but reporting of passenger numbers would be simple because for operational reasons those numbers would be recorded anyway.
Rate:
The rates were benchmarked against the Featured Recorded Music rates under the Hotels, Pubs, Taverns, Bars and Casinos Scheme. More information about the rate and rate structure for Featured Recorded Music under the Hotels, Pubs, Taverns, Bars and Casinos Scheme is available HERE.
6. Recorded Music for Dance Use
Recorded Music for Dance Use is recorded music used for the purpose of dancing (for example, when a boat or vehicle is essentially operating as a nightclub).
Rate Structure:
The Recorded Music for Dance Use rate is a fixed amount for each day Recorded Music for Dance Use is played in the vehicle, per passenger.
Rate:
The rate is the same as under the Recorded Music for Dance Use licence. More information about the rate and rate structure for Recorded Music for Dance Use is available HERE.
7. Live Music Performance
Live Music Performance means music that is performed by a Live Artist Performer and includes, but is not limited to, the use of music during trips or cruises where the music is compiled, presented, or performed by a Live Artist Performer (who is engaged for the principal purpose of compiling, presenting, or performing music to patrons/passengers).
Live Artist Performer means any performer participating in the performance of music including featured and associated singers, musicians, DJs, dancers, models, and conductors.
Rate Structure:
The Live Music Performance rate is an amount per passenger per day of operation. An amount per passenger was considered as the most appropriate rate structure, given that there is unlikely to be a box office (entry will typically be free) but reporting of passenger numbers would be simple because for operational reasons those numbers would be recorded anyway.
Rate:
The rates were benchmarked against the Live Music Performance rates under the Hotels, Pubs, Taverns, Bars and Casinos Scheme. More information about the rate and rate structure for Live Music Performance under the Hotels, Pubs, Taverns, Bars and Casinos Scheme is available HERE.
8. Workplace Music and Telephone on Hold
The use of OneMusic’s music as Workplace Music and Telephone on Hold under the Vehicles scheme involves the same rates and rate structures as under the Workplace Music and Telephone on Hold scheme.
[1] The right to reproduce (copy) and publicly perform music from a digital music service in a business setting (Digital Copy/Delivery). More information about Digital Copy/Delivery is available HERE.