Concerts and other musical performances

Transcription

1 1/5 I. Applicability This pricelist applies to the calculation of royalties for the license (consent) granted to perform musical works with or without words performed live by performing artists in concerts, festivals, fashion shows, competitions, variety shows, celebrations, corporate events, advertising, promotional and similar events, organized on premises or in venues that accommodate. This pricelist further applies to musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices. Under a contract with DILIA divadelní, literární, audiovizuální agentura o.s., a copyright collective management agency, OSA has been representing from 1 June 2010 also the authors of verbal works which are used as part of performances of musical works. II. Royalties Max. no. Average price of admission in CZK, AT excl. of Up to 30,-/** visitors Royalty in CZK Premium in CZK for each additional visitors (even if incomplete) over visitors Added to the above royalty rates is AT at the statutory basic rate. /** Does not apply to performances under Section I(3)(b) 18

2 2/5 Average price of admission in CZK, AT excl Royalty in CZK Max. no. of visitors Premium for each additional CZK 100 (even if incomplete) Premium in CZK for each additional visitors (even if incomplete) over visitors Added to the above royalty rates is AT at the statutory basic rate. III. Special Use 1. Musical performances in parades and marches the royalty amounts to CZK 725 per each performing band. 2. Street musical performances without paid admission organized by the performer the royalty amounts to CZK 190 daily. 3. Ceremonies (weddings, funerals, matriculation, graduations etc.), provided that the musical performance forms a part of paid services the royalty amounts to CZK 43 per ceremony. 4. Promotions, public relations and marketing events (without admission) Public relations events mean events where the public is addressed with the aim to create a positive relation to certain ideas, activities and institutions. Promotions mean events where the public is addressed with the aim to affect the demand for products and services. Marketing events mean offers of products or services. The royalty amounts to 3% of the total costs of the musical performance; however, no less than CZK 7 per viewer/visitor of the event. 5. The royalty payable for fashion shows, hair-styling and similar shows, wherein works are used by performing artists and otherwise, amounts to 3% of the total costs of the entire music element of the performance; however, no less than CZK 7 per visitor of the event and per one performance. 6. The royalty payable for musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices, amounts to 6% of the gross income (AT excl.); however, no less than CZK 25 per visitor. The royalty already reflects the proportion of protected and unprotected works used. 7. Where a musical performance features as an independent part a spoken word performance having the nature of verbal work (see clause 4 of article I), the royalty under article II and III shall be increased depending on the total time of the spoken word performance as follows: up to 5 minutes 9% up to 10 minutes 11.5% up to 15 minutes 14% up to 20 min 16.5% over 20 min 19% Added to the above royalty rates is AT at the statutory basic rate. 19 3

3 3/5 I. Definitions 1. Musical Performance Musical performance means an uninterrupted performance organized at a specific time and place. Uninterrupted performance (show) organized in a single day in the same venue with or without paid admission to the entire performance is deemed to constitute a single performance. In the event of festivals (and similar events) that exceed one day in duration and are held in the same venue with or without paid admission for the entire duration of the festival or individual days, an uninterrupted performance that takes place on a single day of the festival is deemed to constitute one musical performance. In the event of festivals that comprise musical performances at various times or at various venues (scenes) with separate admission, each of these performances will be deemed to constitute a separate performance. 2. Number of visitors If the organizer fails to document the number of the performance s visitors, the calculation of the royalty will be based either on the capacity of the venue, i.e., the maximum possible number of visitors to whom the work is to be communicated; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of 1.5 visitor per 1 m2 for open-air musical performances. If the organizer proves the total number of the performance s visitors (both paying and free visitors), i.e., the total number of persons to whom the works were communicated, in a credible manner (i.e., by means of documents from companies that sell tickets, documents from the accounting books of the organizer, documents from the municipality that collects admission fees etc.) within 14 days of the performance, the royalty will be calculated on the basis of this number of visitors (Section 100(1)(h) of Act No. 121/2000 Coll., as amended). 3. Admission a) Admission (AT incl.) means the fee that, when paid by the visitor, gives the visitor the right to attend a cultural or societal event wherein musical works are used. Different terms used for this fee (e.g., seat reservation, participation fee, club fee, membership fee, fee for various services associated with the attendance of the event etc.) are irrelevant. If the admission authorizes the visitor to attend a performance that exceeds one day in duration, the admission to the performance (a single day) will be calculated by dividing the total admission by the number of days of the performance the admission to which was purchased by the visitor. If the organizer proves the amount of its gross income, i.e. the total income from the sold admissions, AT excl., with the total number of sold admissions stated (i.e., the number of admissions from the highest nominal value until, and including, zero-value 20 admissions) within 14 days of the performance in a credible manner, the subsequent calculation of the royalty will be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the nominal value of CZK 30 (AT excl.) and will be added to the presented gross income before the calculation of the average price of admission. b) If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision thereof in the form of receptions or mandatory consumption, rehabilitations etc.) or if the musical performance is a mere ancillary component of another programme (i.e., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or another mediator of the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of CZK 200 per visitor will be set forth for the calculation of the royalty. If the operator provides a calculation of the costs of the performance, the calculation will be based on these costs as follows: the costs for the remuneration of the performing artists will be divided by the number of the visitors of the performance. The number attributable to a single visitor is deemed to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than CZK 200. If the use of the musical works is not of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II. If the musical performance is a mere ancillary component of another programme to which no admission is directly collected, the admission is voluntary or lower than CZK 30 (i.e., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.) and/or if the agency (or another mediator) provides the client with a musical performance (or another programme that incorporates the use of musical works) to which no admission is directly collected or the admission is voluntary or lower than CZK 30, the royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II. c) The royalty payable for musical performances to which no admission is collected, or the admission is lower than CZK 30, save for the musical performances that have the nature under paragraph (b), will be determined as follows: If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the performance, the royalty will amount to 7% of the presented costs; however, no less than the amount of the corre- 3

4 4/5 sponding royalty payable if the admission amounted to no more than CZK 30, as specified in Article II. If the operator or another mediator of the event fails to provide a calculation of the material costs associated with the organization of the performance, the royalty will amount to the corresponding royalty payable if the admission amounted to CZK 31, as specified in Article II. d) Musical performances where admission is free or voluntary are deemed performances with the admission of CZK 30, save for musical performances that have the nature specified in paragraph (b). e) Average price of admission is calculated from the sum of the prices of the individual types of admission (or another fee on the basis of which the operator allows visitors to visit the musical performance). The sum of the prices of the individual types of admission is then divided by the number of the types of admission. f) Admissions cheaper than 30% of the price of the most expensive type of admission and admissions cheaper than CZK 30 (incl. free admission) are not taken into account. These admissions will be taken into accounts solely in respect of performances that are demonstrably humanitarian and charitable in nature wherein the number of nonpaying visitors amounts to no less than 75% of the total number of the event s visitors. 4. erbal work A verbal work for the purposes hereof means literary and theatre works or parts thereof as well as adaptations thereof, such as short scenes, scripts, poems, dramas etc. Appearances of a presenter or other persons introducing individual musical performances do not classify as a verbal work.. Discounts 1. Royalty rates decrease in line with the number of inhabitants of the municipality that accommodates the musical performance by: 5% in municipalities with to inhabitants 10% in municipalities with to inhabitants 15% in municipalities with 501 to inhabitants 20% in municipalities with 500 inhabitants and less. 2. The royalty rates under Articles II and III are decreased by 5 % if the Operator concludes an annual license agreement on the use of musical works in all, but no less than five, separate musical performances in the contractual period. License agreements with a 5% discount may also be concluded in respect of separate tours, provided that no less than 5 separate performances are organized within the tour. 3. The royalty rates payable by operators who fulfill their obligations duly are reduced by 30%. Due fulfillment of obligations means the performance of musical works with the consent of the authorized copyright holders; the delivery of a duly filled in set list of compositions (i.e., whole titles of compositions, incl. the names of authors and the names of authors of the words, if any) that truly reflects the reality; the fact that the operator has no overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application; and the operator s regular fulfillment of its obligations when due and in compliance with the Copyright Act. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are missing, the royalty rate will be reduced by 20% only. 4. If the organized performance is didactic and non-commercial in nature and is aimed at elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the operator. 5. In the execution of a license agreement, the royalty set in compliance with the above-mentioned principles may be further reduced on the operator s request in light of the provision of Section 100(6) of Act No. 121/2000 Coll., as amended, including, without limitation, cases when the musical works are not performed within the conduct of business or other profitable activities, or if the discount is reasoned, for instance, by the purpose and circumstances of the use of the musical works (e.g., taking into account the nature or purpose of the event, the economic or business benefit, the scope of the use of the copyrighted works or other objective and demonstrable reasons). 6. If the scope of protected and unprotected works (i.e., on the basis of supplied lists of the used compositions from the individual performing artists) within the organized musical performance that includes performances by a larger number of performing artists (i.e., musical groups, solo artists etc.) can be ascertained, the following discounts may be provided: 21 3

5 5/5 Share of unprotected works in the performance Discount provided Share of unprotected works in the performance Discount provided Up to 10% 0% 51-60% 25% 11-20% 5% 61-70% 30% 21-30% 10% 71-80% 35% 31-40% 15% More than 81% 40% 41-50% 20% In the event of a single musical performance with a clearly divided music performance to a part performed by supporting acts or other artists and to a part performed by the headlining performing artist(s), the royalty payable for the entire performance will be divided to 25% for the 1st part of the music performance and to 75% for the headlining performing artist(s). This proportion may reflect the scope of protected and unprotected compositions used within the entire music performance under the table above. 7. Application of discounts Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount). I. Joint Provisions 1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally within 30 days of the preparation of the written draft of the agreement). If a 12-month agreement is concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the generally binding legal rules and regulations, unless stipulated otherwise in the agreement. 2. Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement. 3. The royalty rates as listed herein may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from 1 July 2009 to 30 June This list of rates, which supersedes all the previous versions hereof, becomes effective on 1 January 2009, except for clause 3 of article I which becomes effective on 1 January 2010 and clause 7 of article III which becomes effective on 1 June