Direct Licensing Guidelines

The following guidelines set out how you may enter into direct licensing arrangements with Shock Entertainment (Shock) on a case by case basis for the public performance, broadcasting, or communication to the public of repertoire (including sound recordings and music videos) in which Shock owns or controls the copyright (Shock’s repertoire). If you have any questions after reading the guidelines below, please contact us at licensing@shock.com.au or telephone the Shock Licensing Department on (03) 9205 0900 to discuss your requirements further.

In some instances, an alternative to licensing the sound recording or music video directly from Shock is to obtain a blanket licence from the Phonographic Performance Company of Australia (PPCA). If you obtain the PPCA blanket licence then you will not require a licence from Shock because the blanket licence gives you permission, within the terms of the licence, to play any recording from the PPCA catalogue which covers over 5,000 recording labels including Shock’s repertoire. Please contact PPCA on (02) 8569 1111 or visit the PPCA website www.ppca.com.au for more information.

Why do you need a licence from Shock?

Shock is the owner or controller of rights in certain protected sound recordings and music videos and those rights include the right to perform the works in public or to authorise sound recordings being synchronised within a film or television program. This means that such uses require the copyright owner’s permission, and in most cases, Shock may be able to provide that permission. To perform a work “publicly” means, among other things, to transmit or otherwise communicate a performance of the sound recording or video to the public, which includes internet transmissions of music or music videos via YouTube or MySpace.

CIRCUMSTANCES WHERE A LICENCE IS NECESSARY

We offer the following licences for Shock’s repertoire:

Transmission licences:
You will need a transmission licence if you intend to communicate the sound recording or music video to the public, for example by way of your iPod/MP3 device, radio, television or the internet.

Website use:
Every internet transmission of a sound recording is a public performance of that music. Each internet transmission of music involves the reproduction and communication rights in the sound recordings. To use Shock’s repertoire on your website you will require a licence.

Webcast or Podcast:
If you wish to include any of Shock’s repertoire in a podcast or webcast you will require a licence.

Public performance use:
You will need a public performance licence if you intend to play any of Shock’s repertoire of sound recording or music video in public, for example by playing a CD or music video at your business premises or event or communicating any of Shock’s repertoire over the internet.

In the context of Shock’s repertoire, a public performance is the playing of a Shock owned or controlled sound recording or music video in a public space (rather in a domestic space such as your home). Even if a performance or exhibition of any of Shock’s repertoire is given for free, or the audience is small, or there is no admission fee, or the performance is confined to members of a club, or a limited area, it may still be regarded as a public performance and therefore subject to Shock’s permission and grant of a licence.

Music On Hold:
You will need a music on hold licence if you wish to reproduce or communicate any of Shock’s repertoire via your telephone system or network to telephone callers to, or within, your business with a ‘music on hold’ facility (ie where music is played while the caller is ‘on hold’).

Licences for DJs:
If you wish to copy any of Shock’s repertoire of music from a CD to include on a `compilation’ CD, your computer or MP3 device (eg an iPod) to play in clubs, you will need a licence. Otherwise, your actions may be an infringement of copyright. While the Copyright Act allows you to copy or “format shift” music legitimately obtained for your private and domestic use to another device that you own (eg from CD to iPod), this does not extend to “format shifted” music for use at your gigs.

“Mix” or “mashup” CDs:
If you intend to use a sample of any of Shock’s repertoire, you will require a licence.

Music for your film, video or television program:
If you wish to use any portion of Shock’s repertoire for inclusion in your intended production, you will need to first obtain a licence from Shock for that use. You will also need to obtain permission to use the underlying musical works (including any lyrics).

Permission to use musical works can be sought from the Australasian Performing Rights Association (APRA) and the Australasian Mechanical Copyright Owners Society (AMCOS). These two organisations operate from the same office and have responsibility for different types of licensing. See www.apra.com.au or call APRA on 1300 852 388 for more information.

CD or DVD compilations:
If you wish to use any of Shock’s repertoire for audio or video compilations, you will require a licence.

CIRCUMSTANCES WHERE A LICENCE MAY NOT BE NECESSARY

You do not require Shock’s permission to use a sound recording or music video if:

The proposed use is considered a `fair dealing’ under the Copyright Act; that is, use for the purpose of criticism, review, private research or study, or for the purposes of parody or satire.
You to copy music legitimately obtained for your private and domestic use on another device that you own (for example, from CD to your iPod/MP3 player).
You are an educational institution and your proposed use fits within the provisions for educational institutions (refer to the Australian Copyright Council (ACC) information sheet Educational Institutions: Introduction to Copyright at www.copyright.org.au).
You are not using a substantial part of the recording. However, the term ‘substantial’ has a specific legal meaning and if you are playing a recognisable part there may a strong risk that this could be regarded as a ‘substantial’ reproduction, which may lead to liability for copyright infringement. See the ACC information sheet Quotes and Extracts: Copyright Obligations at www.copyright.org.au).
You are using it for private or domestic purposes, such as playing it at a private dwelling or residence for your own enjoyment (for example, at your private birthday party).

How long would my licence last?

The duration (or “term”) of any finalised licence agreement for Shock’s repertoire will be guided by your intended use and may be for one-off events or longer periods as required. The term of a licence will depend on the circumstances surrounding your licensing request and the proposed use of Shock’s repertoire that you are interested in licensing.

How much will a licence cost?

The fee for using sound recordings or music videos is based on how you intend to use any of Shock’s repertoire (such as for a commercial or non-commercial purpose) and the potential audience. If a proposed use of the music is small, or for an educational or not-for-profit purpose, the licence fee is more likely to be nominal.

Obtaining a licence: what information we need from you

Please complete the appropriate Shock direct licensing request form, which can be downloaded from here.

Alternatively, please email licensing@shock.com.au or telephone the Shock Licensing Department on (03) 9205 0900 and we will send you a copy of the appropriate form.

Once you have provided us with this information we will get in touch with you to discuss whether a direct licence is likely to be appropriate in the circumstances.

After considering your proposed use, we may require additional information to facilitate your request. Once you have provided us with that required additional information, we will provide you with a quote for the licence fee. Please note that the receipt of an initial quote does not constitute a licence. Any licence fee will include the cost of preparing the licence agreement. Licence fees vary depending on the type of use and potential audience of the proposed use of any of Shock’s repertoire.

If you accept our quoted licence fee, you must notify us in writing of your acceptance and we will then seek clearance of the track. Formal written approval must be given by Shock before you may use the requested track or video. Once usage is confirmed we will then prepare the licence, which sets out the terms and conditions under which we grant you the licence to suit your requirements.

Please allow several days for an initial quote and up to 10 working days for a sound recording or video to be fully cleared for your intended use.

Do I need any other licences or permissions?

Once you have paid your licence fee and have signed and returned the Shock licence agreement, you are able to use the requested sound recording and/or music video in accordance with the terms and conditions of the licence. Don’t forget to contact APRA and AMCOS to see if you also require a licence from them for the use of the musical works and lyrics underlying the sound recording. Refer to www.apra.com.au or call APRA and AMCOS on 1300 852 388 to find out more.

What if I have further questions?

Any questions or problems with licensing? Email licensing@shock.com.au or telephone the Shock Licensing Department on (03) 9205 0900. Please note that it may take us several days to respond to your enquiry.

Disclaimer

These direct licensing guidelines are intended only to provide a summary and general overview on matters of interest to potential licensees and users of Shock’s repertoire. It is not intended to be comprehensive nor does it constitute legal advice. We attempt to ensure that these guidelines are accurate but we do not guarantee the currency of the guidelines. You should seek legal or other professional advice before acting or relying on any of the content contained in these guidelines.