Terms & Conditions
Terms of use & Licencing Guidelines
Your Use of This Site
This site is owned and operated by Warner Music Australia Pty
Limited (ACN 000 815 565) ('Warner'), which is part of Warner Music
Group. By using this site you accept and agree to comply with these
Terms of Use. If you do not agree with any of these Terms of Use,
do not use this site.
Ownership of Material on this Site
All material on this site, including, without limitation, text,
names, logos, graphics, images, photographs, illustrations, music,
audio clips, video clips and software ('Material') is owned
exclusively by Warner, its affiliates or others who have licensed
their material to Warner (unless expressly indicated
otherwise).
Use By You of Material
You may view and download one copy of the Material for your own
personal and non-commercial use only. Otherwise, you must not copy,
reproduce, alter, republish, frame, upload, post, transmit,
distribute, communicate or use the Material in any way other than
as expressly authorised either in this site or in writing by
Warner.
Communication Forum
This site may contain communication facilities which provide
feedback by users to Warner, real-time interaction between users
and other electronic messaging and notice services ('Communication
Forum'). The information and opinions expressed in any
Communication Forum are not necessarily those of Warner or its
affiliates. Warner is not responsible for any material in any
Communication Forum. You are solely responsible for any material
submitted or published by you. In any Communication Forum, you must
not submit or publish anything which is:
- Threatening, abusive, defamatory, obscene, vulgar, pornographic,
profane or indecent
- Violates or infringes upon the rights of any other person,
including material which is an invasion of any privacy or publicity
rights or which is protected by copyright, trademark or any other
proprietary right;
- Violates any law or advocates illegal activity;
- dvertises or solicits money, goods or services.
Warner reserves the right to edit, refuse to post or to remove any
materials that are described above or that are, in Warner's sole
discretion, in any way objectionable, in breach of these Terms of
Use or in Warner's view, otherwise unacceptable. Warner reserves
the right to fully co-operate with any legal order, direction or
request to disclose the identity or other information in respect of
anyone posting any materials which violate any law.
Submissions By You
All information, ideas, concepts and other material submitted by
you will be the property of Warner throughout the universe for
Warner to use in any manner in any media (whether now known or
later devised) including to publish that material and use it for
promotional purposes. You expressly waive in favour of Warner all
moral rights and any similar rights which you may have or later
acquire in respect of your material.
Linked Sites and Advertising
This site contains links to other websites. Warner is not
responsible for the contents of other websites or any link
contained in other websites. Warner provides these links to you as
a convenience only. If you access any other website, you do so
entirely at your own risk. This site may also contain
advertisements by other people. These advertisements are not
recommendations or endorsements by Warner and Warner is not
responsible for the products and/or services being advertised.
Please refer to the relevant advertiser for all information
regarding the advertiser and its products and/or services.
Children
Children under 16 should not submit any Material (particularly
personal information) to this site. Children should ask their
parents to submit any Material on their behalf.
Disclaimer and limitation of liability
To the fullest extent permitted by law, Warner excludes all
conditions and warranties (express and implied) of any kind. Warner
does not warrant: that the functions contained in any Material or
Communications Forum or your access to this site will be
uninterrupted or error-free; that any defects will be corrected; or
that this site or the server which stores and transmits Material to
you are free of viruses or any other harmful components. Warner
does not warrant or make any representation regarding your access
to, or the results of your access to, this site (including any
related or linked websites) or any Material in terms of
correctness, accuracy, timeliness, completeness, reliability or
otherwise. Under no circumstances (including without limitation,
any act or omission on the part of Warner) will Warner or its
affiliates be liable for any indirect, incidental, special and/or
consequential damages or loss whatsoever which results from any use
or access of, or any inability to use or access, this site or any
Material. Certain laws may not allow the exclusion of some
conditions and warranties and in that case some of the above
exclusions may not apply to you if and to the extent they are not
permitted by law.
Indemnity
You agree to indemnify Warner and its officers, directors, agents
and affiliates from and against all claims, liabilities, costs and
expenses (including legal costs on a full indemnity basis)
resulting from your failure to comply with these Terms of Use.
Applicable Law
This site is controlled by Warner from its offices in New South
Wales, Australia. Warner makes no representation that the Material
in this site is appropriate or available for use in other
locations. Those who choose to access this site from locations
outside Australia do so at their own initiative and are responsible
for compliance with local laws. These Terms of Use will be governed
by and construed in accordance with the laws of New South Wales,
Australia. You irrevocably and unconditionally submit to the
exclusive jurisdiction of the courts of New South Wales. If any
provision of these Terms of Use is found to be invalid or
unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of these Terms of
Use which will continue in full force and effect.
Mobile Content Terms and Conditions
1. Mobile Content is provided by Warner
Music
2. 'Mobile Content' means the pictures, videos,
texts, skins or sounds available for purchase by the
customer.
3. 'Purchase' means the payment of fees for the
delivery to Your mobile phone of Mobile Content in accordance with
these Terms.
4. By using the Service, You signify Your
agreement to any terms & conditions You are advised of when
utilising the Service and all terms, conditions, and notices
contained or referenced herein including general terms and Privacy
Policy (together, the 'Terms').
5. Warner Music reserves the right, at Our
discretion, to update or revise the Terms at any time without
notice to You. Please check the Terms periodically for changes at
this web page. Your continued use of the Service following the
posting of any changes to the Terms constitutes acceptance of those
changes.
6. You acknowledge that any message material
obtained from the Service is done at Your own risk and that We are
not endorsing or associating with any particular person or event
that may be featured within the Service.
7. You further acknowledge that You are only
entitled to use the Service for lawful purposes, for Your own
personal, private use and will not use the Service in breach of Our
or any third parties intellectual property rights in the
Service.
8. The Mobile Content may only be used by You for
personal, non-commercial use and not otherwise for copying,
republication, re-distribution, re-dissemination, re-communication,
publication or any other commercial exploitation in any form or by
any method whatsoever by You or other persons.
9. The Mobile Content will not be used by you in
a manner and context that damages the reputation and goodwill of
Warner Music.
10. You will observe all reasonable instructions
from Warner Music regarding any usage restrictions of or
corrections to items in the Content.
11. You acknowledge that standard
telecommunication data charges may apply for the delivery of Mobile
Content
12. Warner Music will not be liable for any costs
incurred or for any reimbursement as a result of unauthorized
subscription to the Service by someone else using your mobile
phone.
13. Warner Music will endeavour to provide
current, accurate information but makes no warranty regarding the
timely delivery, currency or accuracy of any information provided
to you as part of the Service nor that the Service will meet your
requirements.
14. Warner Music warrants the Service will be
rendered with due care and skill and that all necessary licenses
for Mobile Content have been obtained.
15. Due to the nature of telecommunications
systems We are unable to guarantee the Services will always be
fault or virus free. You acknowledge that the Service may, from
time to time, be adversely affected by events outside Our control.
We will make all reasonable endeavours to ensure the uninterrupted
and timely supply of the Service and will take all reasonable steps
at Our expense to correct any error, omission or mistake, but will
not be liable for any error, delay, or failure in transmission of
the Service that could be reasonably considered beyond Our
control.
16. The terms that apply to the Service are those
that are expressly set out in this document and those implied by
consumer protection laws to the supply of the Service that are
unable to be excluded. No other terms apply.
17. All information, text, material, graphics,
software and advertisements on the Network is protected by
Australian and international copyright and trademark laws. Content
on the Network is published in real-time, and you must not modify,
copy, reproduce, republish, frame, upload to a third party, post,
transmit or distribute this Content in any way except as expressly
provided for on the Network or expressly authorised in writing by
Warner Music or its Affiliates.
18. The Service is subject to the limitations of
the enabling technology on which it is reliant and may be adversely
affected by network performance and other operational factors
beyond Our control including, but not limited to, congestion,
network coverage, dropped connections, the performance of Your
mobile phone and the maintenance of secure network connections. We
can accept no responsibility for losses caused by any of these
factors or any factors which could be reasonably considered outside
Our control.
19. We will not be liable to You in any way for
failures, defects or delays in the delivery of the Service which
are caused by one or more of the following reasons:
(a) You have provided an incorrect phone number or other incorrect
information before ordering a Service;
(b) Your mobile phone does not support the Service;
(c) Your message mail box is full and has no additional memory to
receive the download;
(d) Your phone is out of range or for some other reason cannot be
contacted;
(e) You accidentally erase a Service provided to You.
20. Where any statute implies any term into your
use of or any arrangement arising out of the Services and that
statute prohibits exclusion of that term, then that term is
included. If and to the extent permitted by the statute, however,
the liability of Warner Music and its employees, agents and
contractors for any breach of such term is limited, at Warner
Music's option, to the resupply of Services or the repayment of any
fee or part of the fees paid by You for the Services.
21. All products, services and prices offered are
subject to change without notice. You should check the price of a
product before placing your order.
22. If We believe there has been a breach of the
Terms We reserve the right immediately and without notice to
withdraw or bar the Service.
23. You agree that where Your personal
information supplied when making an order for the Service may be
used by Us in accordance with and for the purposes set out in our
Privacy Policy. Personal information will only be collected where
it is necessary in order for Warner Music to carry out one or more
of Our functions or activities.
24. We reserve the right to disclose information
about You to applicable regulatory or government bodies where We
are required by law to disclose this information.
25. We reserve the right to cancel, modify or
supersede the Service if, in Our sole discretion, the Service is
not capable as of being conducted as specified in the Terms.
26. This agreement is governed by the law in
force in Australia, and the parties irrevocably submit to the
non-exclusive jurisdiction of the courts of Australia and courts of
appeal from them for determining any dispute concerning this
agreement.
27. If any of the Terms are invalid or
unenforceable, it will be struck out and the remaining terms will
remain in force.
28. If We do not act in relation to a breach by
You of the Terms, this does not waive Our right to act with respect
to subsequent or similar breaches. If You do not act in relation to
a breach by Us of the Terms, this does not waive Your right to act
with respect to subsequent or similar breaches.
29. You may not assign or transfer Your rights or
benefits under the Terms to any other person or entity without Our
prior consent.
30. You are responsible for ensuring that any
contact details provided by You are up to date. You must notify
Warner Music as soon as possible of any changes to your contact
details.
31. The Terms of Use are effective until
terminated by Warner Music, and Warner Music may terminate this
agreement and your access to the Network at any time without
notice. In the event of termination, you are no longer authorised
to access the Network, but all restrictions imposed on you,
licenses granted by you and all Warner Music disclaimers and
limitations of liability set out in the Terms of Use will
survive.
32. If You do not agree to the Terms You shall
not use the Service.
GUIDELINES FOR WARNER LICENSING PUBLIC PERFORMANCE AND
COMMUNICATION RIGHTS IN WARNER SOUND RECORDINGS AND MUSIC VIDEOS
("GUIDELINES") GUIDELINES LAST UPDATED AND CURRENT AS AT 1 APRIL
2008
Warner Music Australia Pty Limited ("WMA") has one of the finest
collections of master recordings in the world, from Muse to Led
Zeppelin, and from New Order to Michael Buble. It has an enviable
roster of local talent and copyrights too, including ARIA award
winning artist Eskimo Joe, rock sensations Gyroscope and the
timeless music of Katie Noonan.
The information contained in these Guidelines is designed to
outline the circumstances in which WMA would consider entering into
direct licences. In order for WMA to be able to provide the most
efficient service, for public performance, broadcast and
communication licensing, please see the Guidelines and important
information below. Please note that the information contained in
these Guidelines may change from time to time.
What type of licences do these Guidelines cover?
The Guidelines cover the grant of Public Performance Rights and
certain (but not all) Communication Rights in sound recordings and
videos owned or controlled by WMA to third parties by WMA
("Licence(s)").
Such Licences granted by WMA are non-exclusive. i.e. WMA is
entitled to grant the same rights in its sound recordings and music
videos to other third parties.
A Public Performance Right means the right to play sound recordings
and music videos in public;and
A Communication Right means the right to communicate to the public
sound recordings and music videos including the right to broadcast
sound recordings and music videos.
These Guidelines do not cover all licences that grant a
Communication Right. Please see below for further explanation and
more details of the types of licences covered by these Guidelines
which require a Communication Right.
Rights and Licences
WMA will grant Public Performance Rights or Communication Rights in
WMA sound recordings and music videos directly to third parties for
the following purposes:
(a) Public Performance - This Licence will grant the user the right
to cause a sound recording to be heard or a music video to be heard
and viewed in public. The type of Licence covers sound recordings
and music videos played in public venues such as cricket grounds,
sports arenas, nightclubs or hotels, and sound recordings played as
background music in retail stores, restaurants and cafes.
(b) Broadcasting - This Licence will grant the user the right to
communicate a sound recording and/or a music video to the public by
means of a broadcasting service (as that term is defined from time
to time in the Broadcasting Services Act (BSA)) or any similar or
related service or activity in the nature of "broadcasting" (as
that term is commonly understood). This would include licences in
both sound recordings and music videos for radio and/or television
broadcast.
Please note that the Copyright Act gives the user the right to
publicly perform or broadcast a sound recording or music video,
provided equitable remuneration is paid for its use. The Licences
set out above are automatic under the Copyright Act if remuneration
is already agreed between the parties.
(c) Datacasting - This Licence will grant the user the right to
communicate a sound recording and/or a music video to the public by
means of a datacasting service (as that term is defined from time
to time in the BSA).
(d) Simulcasting - This Licence is typically associated with a
broadcasting Licence and grants the user the right to communicate a
sound recording and/or music video to the public (but only as part
of the simultaneous transmission of a broadcast) over the internet,
a mobile telecommunications network or any other communications
network now known or developed in the future, in circumstances
where the content of the broadcast is unaltered.
(e) Webcasting - This Licence grants the user the right to
communicate a sound recording and/or music video to the public by
means of a non-interactive, pre-programmed service which has the
following characteristics:
The communication from the servers of the service provider occurs
over the internet;
multiple simultaneous users of the service can hear the sound
recording on their playback devices at or near the same time that
the communication of the sound recording is initiated by or on
behalf of the operator of the service;
no user is able to choose which sound recordings they hear or the
times at which they hear them, or is otherwise able to control the
nature and timing of the content delivered to them (i.e. there is
no on-demand element); and
there is no copy of the sound recording, or any other form of fixed
file or data from which the user can subsequently replay the sound
recording, which is created on the user's playback device.
Incidental Copying/Dubbing - This Licence will be in addition to
the particular Communication Right or Public Performance right
granted in order for the user to make copies of sound recordings
and music videos for the purpose of exercising the relevant
Communication or Public Performance Right in circumstances where
section 107 of the Copyright Act does not apply (see below for
details). For example, WMA would grant a right to copy sound
recordings for the purpose of digital jukeboxes where the primary
licence is the right to publicly perform sound recordings in
bars.
Ephemeral Copying - Section 107 of the Copyright Act allows a
broadcaster to make a reproduction of a sound recording for the
purpose of broadcasting the sound recording provided that a copy of
the recording is destroyed within 12 months of the copy first being
made. This section does not apply if the person who makes the
reproduction is not the same person as the broadcaster. Therefore
the user may require WMA to grant an ancillary reproduction right
if the maker of the reproduction is not the broadcaster or where
the user wishes to retain copy of a sound recording after the
expiry of the 12 month period.
(h) Retransmission Remuneration - This Licence is the right to
collect on behalf of another person, equitable remuneration to
which that person becomes entitled as a result of the
retransmission of a free-to-air broadcast which includes a sound
recording owned or controlled by that person.
As a reminder, if you wish to exercise any Communication Rights
other than as set out in (b) to (h) above and (i) below, please
contact our Business Development department.
(i) Music On Hold - This Licence grants the user the right to
communicate a sound recording to telephone callers on hold by any
means (whether analogue or digital and whether now known or
developed in the future) from a device, system or service used in
connection with any telecommunications device, system, service or
network. WMA does not usually grant these licences due to the fact
that it is generally not commercially viable for it to negotiate,
administer and report on these licences. However WMA will grant
Music On Hold licences in certain circumstances. Please contact our
Business Affairs department for further information.
Other Licenses
These Guidelines do not seek to cover WMA's licensing policy in
respect of all other types of licences not expressly referenced,
including but not limited to:
Synchronisation licensing (other than the Incidental Copying right
necessary for communication to the public of WMA Recordings and as
further described below) or compilation licensing. For these type
of licences please contact our licensing department via email
licensing.australia@warnermusic.com, via fax (fax no: (02) 9950
1530) or via phone (ph no: (02) 9950 1500) and also see WMA's
Synchronisation Licensing Policy ; and Licences that grant
Communication Rights in WMA recordings which require on-demand
rights for such licence (e.g. digital downloads, on-demand
streaming to mobile or on-line and podcasting). For those licences,
please contact our Business Development Department via email
wma.businessdevelopment@warnermusic.com, via fax (fax no: (02) 9950
1510) or via phone (ph no. (02)99501500).
Sound Recordings and Music Videos
Warner grants blanket licences in all its sound recordings and
music videos from all its labels, including the following
non-exhaustive list of labels:
Warner Bros.
Warner Bros. UK
Maverick
Atlantic
Atlantic UK
Rhino US
Rhino UK
Elektra
Fueled By Ramen
London Records
East West
Mushroom Records
Festival Records
Milan Records
Warner Classics
Sire
You should be aware that some sound recordings in Australia are
unprotected which means that a user does not require any licence
from WMA to be able to publicly perform or broadcast such sound
recordings ("Non-Protected Recordings"). Determining whether a
sound recording is a protected recording (and consequently requires
a licence) ("Protected Recording") or an Unprotected Recording is a
complex process.
In determining whether a sound recording is protected or
unprotected, you need to consider the country where the recording
was made, the nationality and residence of everyone performing on
the recording (including session musicians), the country where the
recording was first released, the date and place of first release
and the age of the recording. As a general statement recordings
made in Australia, New Zealand, the UK, Europe and Canada are
usually Protected Recordings and a Licence will be required.
Recordings made in the US may also require a Licence depending on
the details of the Recording. Please note all music videos are
protected.
WMA recommends you obtain your own legal advice if you intend only
to exercise rights in Unprotected Recordings.
Who We Licence
WMA will consider granting Licences to any third parties subject to
agreement on fees and negotiated terms.
Alternative Licence Available via the PPCA
An alternative to obtaining Licences directly from WMA, is to
obtain a licence for WMA sound recordings and music videos from the
PPCA (to which WMA has granted non exclusive rights in its sound
recordings and music videos). PPCA is able to grant blanket
licences not only in respect of WMA recordings and music videos,
but also may grant rights in sound recordings and music videos
owned by other copyright owners. To find out more about licensing
from the PPCA, please go to www.ppca.com.au.
Whether you licence WMA sound recordings and music videos from WMA
or PPCA is at your discretion.
Fees and Standard Terms
Each Licence and the fees/royalties payable are negotiated on a
case by case basis.
The following will be considered in determining the fees/royalties
payable:
The prevalence of the sound recordings (e.g. how important is the
music to the service,);
the size of the audience and, for music videos, the number of
screens in use; and
the rights that the user requires.
The fee/royalty applicable may also vary depending on the rights
the user requires and the service that is being offered (e.g. in
some cases pay per play, in other cases a percentage of the revenue
generated by an advertisement).
Fees may also vary having regard to any marketing the user agrees
to undertake in respect of the WMA recordings and music videos, any
customer data available, and any other indirect benefits. Please
note that the aforesaid provisions shall not automatically result
in a reduced rate.
WMA does have some standard terms that are typically included in
the types of Licences referred to in these Guidelines:
Advances: WMA usually requires an advance payment and/or minimum
guarantee, and in any event, in all cases when WMA has not had a
prior contractual arrangement with the user.
Term: WMA initially grants one (1) year licences.
Content Preparation and Delivery Fee: Where the user requires WMA
to deliver it the content (rather than sourcing the content
yourself), WMA typically charges a content preparation and delivery
fee.
Reporting: WMA requires quarterly reporting for all Licences other
than Licenses where a one-off flat fee is charged. WMA also
requires users to maintain and provide play logs. Webcasting
Licences have further reporting requirements and are subject to
international approval.
Territory: WMA grants Licences for the territory of Australia. If
you would like to get a licence for New Zealand as well, or other
countries in addition to Australia, this will be subject to a
separate licence. WMA can put you in touch with the appropriate
people in other territories if required.
Timing
Please note due to the number of licensing requests that come
through the Business Affairs and Business Development departments,
your request may take some time to process. Generally, WMA
endeavours to negotiate and sign an agreement within 6 months of
the initial request. However, some agreements may take longer and
WMA may assess licensing requests in any order at its
discretion.
Who To Contact
For all Public Performance and Communication Licences (other then
webcasting Licences), please contact our Business Affairs
Department by letter, email or fax
Address: PO Box 500, Crows Nest, NSW, 1585
Email: wma.businessaffairs@warnermusic.com
Fax: (02) 9950 1510
For Licences to webcast, please contact our Business Development
Department
Address: PO Box 500, Crows Nest, NSW, 1585
Email: wma.businessdevelopment@warnermusic.com
Fax: (02) 9950 1510
Basic Information required
When contacting WMA's Business Affairs department and/or WMA's
Business Development department, please provide the following
information relating to your business in order for us to assess
your request:
1. Name of Corporation/ sole
trader/Licensee.
2. Address.
3. Australian Business Number (ABN).
4. Description of the type of service you are
undertaking including customer proposition (i.e. a description of
who the user expects their customer to be and a description of the
end user/customer interface) and marketing activities (including
marketing positioning and your sales message).
5. Projected Gross Turnover for the following 2
years and an estimated size of your audience.
6. Whether you require content (sound recordings
and music videos) to be delivered to you or whether you will be
sourcing content yourself.
7. Your Proposed Commercial Terms.