Live streaming music licensing under COVID-19 lock down

Friday, 27 Mar 2020

As at 5 May 2020 (this advice is subject to change)

The COVID-19 lockdown is having a huge effect on normal business operation.

We’re seeking to support changes in business activity while at the same time balancing the need for our members to generate income from the use of their songs and compositions.

We reserve the right to review each request on its individual circumstances, subject to the exclusion of some industry-specific schemes that already cover streaming and the fact that we do not necessarily control all the relevant rights that your business may require.

IMPORTANT:

  • APRA AMCOS licences only apply to Australia and New Zealand
  • APRA AMCOS licences do not cover sound recordings
  • APRA AMCOS licences do not cover sync rights (e.g. where a concert has been recorded for delayed or on-demand streaming)

STREAMING MUSIC CONCERTS/PERFORMACES DURING COVID-19 LOCKDOWN

Facebook/Instagram/YouTube

We have licences in place with these platforms that allow you to live stream our music in performances provided there is no charge to users.

If you want to use these platforms and charge a fee to view/access the performance or are otherwise commercialising the stream you will need to contact APRA AMCOS to obtain a licence. Please forward requests to okhouri@apra.co.nz

The streaming of pre-recorded or saved performances of our music on these services may also require other clearances (such as synchronisation rights) from music publishers and/or record labels. Similarly, if you are looking to commercialise this activity you will need to contact APRA AMCOS to obtain a licence. Please forward requests to okhouri@apra.co.nz

Own platform/platforms not licensed by APRA AMCOS

If you’re using your own website or a platform that doesn’t have a licence with APRA AMCOS you will need to get a licence from us. Please forward requests to okhouri@apra.co.nz

If you are a live music venue and have a OneMusic NZ licence and wish to stream live performances please contact info@onemusicnz.com OneMusic NZ will review your request and see if it falls under our COVID-19 online migration policy, where we treat the online event as if it was covered under your existing OneMusic licence.

For events where you are charging a fee to view/access the performance of our music, the licence fee will be the greater of 1.85% +GST of gross revenue or a minimum fee of $75.00 + GST per event. This is the same fee as APRA’s existing live event rate and part of our response to the pandemic is extending these rates on a temporary basis to online events. However, you should be aware that our standard rates for streaming concerts online start from 12%.

Our licence will also allow you to stream pre-recorded or saved performances of our music on your own site but we note that there may be other necessary clearances (such as synchronisation rights) from music publishers and/or record labels you should obtain.

If your service will earn less than $12,000 in gross revenue per annum, you may want to take out the Online Mini Licence for webcasting which will cover you for ongoing activity over 12 months.

If you have further queries, please contact okhouri@apra.co.nz

OPTION FOR ARTISTS PERFORMING THEIR OWN SONGS

If an APRA AMCOS member is only performing their own songs (ie: songs they wrote themselves) in a live stream on their own website, or on a platform other than Facebook, Instagram or YouTube, we suggest the songwriter/composer contact us at writer@apra.com.au to arrange a licence back for their songs, so no licence fee is payable. Please note the administration fee is usually waived and only payable on complex licence back requests.

Songwriters/composers do not need a licence back if they wish to make their own songs available on Facebook, Instagram or YouTube provided they are not asking for any payment/donations.

 


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