Blue Tongue Management Publishing for Koomurri Aboriginal Music and Performance
Direct Licensing Guidelines
In all commercial instances, be them public, corporate or internal/intranet broadcast, licensing the sound recording or music video from the Publisher is best achieved by obtaining a blanket license from Blue Tongue Management with fees dependant on requested broadcast usage.
Why do you need a license from the Publisher?
the Publisher 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, the Publisher can 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 commercial television and streaming platforms, YouTube, MySpace, Facebook, Twitter Zoom, Skype, Teams and most other online platforms and includes intranet broadcast and broadcast for corporate and private events.
CIRCUMSTANCES WHERE A LICENCE IS NECESSARY
We offer the following licenses for Koomurri’s repertoire:
You will need a transmission license if you intend to communicate the sound recording or music video to the public or private corporate event, for example by way of your iPod/MP3 device, radio, television, Zoom, Skype, Teams or other communications technology, or the internet/intranet.
Every internet/intranet 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 Koomurri’s repertoire on your website you will require a license.
Webcast, Podcast or virtual communications technology:
If you wish to include any of Koomurri’s repertoire in a podcast, webcast or virtual communications technology you will require a license.
Public performance use:
You will need a public performance license if you intend to play any of Koomurri’s repertoire of sound recording or filmed performances in public or to private corporate events where there is audience, for example by playing a CD or music video at your business premises or event or communicating any of Koomurri’s repertoire.
In the context of Koomurri’s repertoire, a public performance is the playing of a the Publishers owned or controlled sound recordings or music videos in a public space (rather in a domestic space such as your home). Even if a performance or exhibition of any of Koomurri’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 the Publishers permission and grant of a license.
Music On Hold:
You will need a music on hold license if you wish to reproduce or communicate any of Koomurri’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’).
Licenses for DJs:
If you wish to copy any of Koomurri’s repertoire of music from a CD to include on a `compilation’ CD, your computer or MP3 device (e.g. an iPod) to play in clubs, you will need a license. 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 (e.g. from CD to iPod), this does not extend to “format shifted” music for use at your events.
“Mix” or “mashup” CDs:
If you intend to use a sample of any of Koomurri’s repertoire, you will require a license.
Music for your film, video or television program:
If you wish to use any portion of Koomurri’s repertoire for inclusion in your intended production, you will need to first obtain a license from the Publisher 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.
CIRCUMSTANCES WHERE A LICENCE MAY NOT BE NECESSARY
You may not require the Publisher permission to use a sound recording or music video if:
- 1 You have agreed to book in writing and/or a signed a booking agreement from either Koomurri Entertainment or Blue Tongue Management for a live performance by the Koomurri cultural group at a company property or the agreed venue represented in the booking agreement, and the performance maybe streamed to your corporate staff members or company guests for that event whom are working or attending the event remotely. You may under these circumstances broadcast the live performance to these staff members or event guests via streaming platforms whilst the event is being performed live. 1.(a) You may record the streamed event for display on your company intranet for a period of 30 days with strict access for direct board members and company or organisations and associations staff and their spouse and children. Legitimate volunteers of not for profit entities are included as equals to employed staff in this instance.
- 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 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 be 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 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 license last?
The duration (or “term”) of any finalised license agreement for Koomurri’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 license will depend on the circumstances surrounding your licensing request and the proposed use of Koomurri's repertoire that you are interested in licensing.
How much will a license cost?
The fee for using sound recordings or music videos is based on how you intend to use any of Koomurri’s repertoire (such as for a commercial or non-commercial or not for profit purpose) and the potential audience. If a proposed use of the music is small, or for an educational or not-for-profit purpose, the license fee is more likely to be nominal.
Obtaining a license: what information we need from you
All commercial interests should apply direct to t the Publisher to obtain a blanket licence. Please contact Darrel Baird on 0422 973 185.
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 license fee. Please note that the receipt of an initial quote does not constitute a license. Any license fee will include the cost of preparing the license agreement. License fees vary depending on the type of use and potential audience of the proposed use of any of Koomurri’s repertoire.
If you accept our quoted license 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 the Publisher before you may use the requested track or video. Once usage is confirmed we will then prepare the license, which sets out the terms and conditions under which we grant you the license 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 licenses or permissions?
Once you have paid your license fee and have signed and returned the the Publishers license agreement, you are able to use the requested sound recording and/or music video in accordance with the terms and conditions of the license. You may need to contact APRA and AMCOS to see if you also require a license 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.
These direct licensing guidelines are intended only to provide a summary and general overview on matters of interest to potential licensees and users of Koomurri’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.