Licence Obligations

ON THIS PAGE:
- Licence fees and payment
- Usage information  Licence fees and payment:

Music users are broken down into different groups:

• Essential users (which are entities like broadcasters, promoters and others);
• Necessary users (like piano bars, discotheques, nightclubs, etc); * background users (like restaurants, retail estabishments and hotels);
• Incidental users (like cafes,and hair salons).

Remember that the licence issued by SAMRO is a blanket one authorising the broadcast, performance or “diffusion” of any of the million musical works that SAMRO controls on behalf of both our own members and those of its affiliated societies worldwide. The licence is usually in a form of a contract, which runs from year to year and due to the many ways in which musical works are performed, the fees payable under SAMRO’s licence can vary. There are around 46 different tariffs established to ensure we cater for all different types of music users. (see tariffs in this section).

Usage information:

As a music user, it is important to understand that along with a SAMRO licence comes an obligation on the licensee to submit regular, detailed returns of the musical works performed on the licensed premises. Aside from our staff at SAMRO’s head office, we have full-time representatives in the field. In addition SAMRO’s Licensing activities are divided into Broadcasters and On-line Transmissions, General Licensing, Administration and Credit Control, all of whom are there to ensure the responsible music user is properly licensed. Tariffs Index - Effective from 1st July 2003.

AA - AMUSEMENT ARCADES/PARKS AND FAIRGROUNDS This tariff applies to the performance of background music by means of radio and television receiving sets, disc players, tape machines and similar devices in amusement arcades/parks and similar permanent fairgrounds. “

AV - AUDIO VISUAL PROGRAMMES USED FOR EDUCATIONAL OR TRAINING PURPOSES This tariff applies to the performance of music incorporated as background in audio-visual programmes used for purposes of education or training, irrespective of whether the programmes are presented as part of a course at an institute for formal education or whether they form part of so-called in-house training programmes.

BH - BEER HALLS AND BEER GARDENS This tariff applies to the performance of background music by means of devices such as radio/television receiving sets, disc players or tape machines in beer halls and beer gardens.

CC - NON PAYING CONCERTS This tariff applies to the performance of musical works at concerts where no direct or indirect charge is made for admission.

CIR - TENTING OR STATIC CIRCUSES This tariff applies to performances of music at both tenting and static circuses.

CR - EXHIBITION OR FILMS/MOVIES This tariff applies to the performances of music at premises where the main business carried on is that of the exhibition of movies/films.

D - DISCOTHEQUES AND DANCE HALLS This tariff applies to the performance at premises where dancing takes place to recorded music irrespective of whether such performances are given by proprietors of the premises or by a third party such as the owner of a licensed mobile discotheque service. It does not apply where the main consideration of admission is the purchase of a meal.

D1 - DISCOTHEQUES AND DANCE HALLS This tariff applies to the performances at premises which are let for entertainments or functions where recorded music is performed as an accompaniment to dancing.

DDS/DDSR - RADIO AND TELEVISION DIFFUSION SERVICES This tariff applies to Diffusion Services as defined in the Copyright Act, Act No.98 of 1978 (as amended). For the purposes of this tariff Diffusion Service shall mean any telecommunication service of transmissions consisting of sound, images, signs or signals, which take place over wires or other paths provided by material substance and intended for reception by specific members of the public.

DP - DANCE PARTIES AND RAVES This tariff applies to the performance of music at dance parties and raves.

DS - DANCING SCHOOLS This tariff applies primarily to the performance of music at dancing schools and other premises used for instruction in dancing.

DSF - DANCING SCHOOLS This tariff applies primarily to the performance of music at dancing schools and other premises used for instruction in dancing by members of representative associations such as RAD, Cecchetti Society, SADTA, and similar bodies.

DW - WAITING ROOMS AND RECEPTION AREAS This tariff applies to the performance of background music provided by means of radio/television receiving sets, disc players, tape machines and similar devices in waiting rooms and reception areas.

E1/E2 - LIVE MUSIC PERFORMANCES This tariff applies to occasional/seasonal live music performances at hotels, restaurants, clubs, night clubs and other similar establishments, where no expenditure on musicians is incurred either directly or by perquisites in exchange for services rendered.

E3 - LIVE MUSIC PERFORMANCES This tariff applies to live music performances at hotels, clubs, night clubs, restaurants and other similar establishments, where expenditure on the provision of musicians is incurred either directly or by perquisites in exchange for services rendered.

E4 - LIVE MUSIC PERFORMANCES This tariff applies to live music performances at hotels, clubs, night clubs, restaurants and other similar establishments, where the premises are let in whole or part to hirers for entertainments whether or not a direct charge is made by the hirer for admission to the premises.

G - HALLS This tariff applies to the performance of music at halls generally such as Church Halls, Local Authority Halls, Community Halls, School Halls, Co-operative Halls, Masonic Halls and similar premises. ” GH - GYMNASIA AND FITNESS CENTRE This tariff applies primarily to the performance of music at Gymnasia, Health Studios, Fitness Centres and similar establishments where music is performed as an accompaniment to fitness or slimming classes.

H1 - HOTELS, BOARDING HOUSES AND SIMILAR MULTI-ROOMED ESTABLISHMENTS This tariff applies to the performance of music in hotels, residential hotels, motels, boarding houses, banqueting suites, restaurants and similar multi-roomed premises.

H2 - HOTELS, RESTAURANTS AND SIMILAR PREMISES This tariff applies to the performance of recorded music to dancing at premises where the main consideration of admission is the purchase of a meal and refreshments. It does not apply to discotheques and dance halls.

H3 - LIVE MUSIC PERFORMANCES This tariff applies to occasional/seasonal live music performances in hotels, restaurants and other similar establishments, where no expenditure on musicians is incurred by the licensee either directly or by perquisites in exchange for services rendered.

H4 - HOTELS, RESTAURANTS AND SIMILAR PREMISES This tariff applies to the performance of background music in hotels, residential hotels, motels, boarding houses, restaurants and similar premises which have only seasonal trade and therefore use music only during certainweeks or months of the year.

H5 - ROADHOUSES, TAKE AWAYS AND SIMILAR PREMISES The tariff applies to the performance of background music by means of devices such as radios, television sets, disc players or tape machines in Parking Lots associated with Roadhouses, Take Aways, Refreshment Chalets and similar premises.

H6 - RESTAURANTS, CAFES, COFFEE SHOPS AND SIMILAR PREMISES This tariff applies to the performance of background music in Restaurants, Cafes, Coffee Shops, Ice Cream Parlours, Tearooms, Refreshment Chalets, Workers Eating Houses and similar premises.

HD - HAIRDRESSING SALONS AND BARBERS SHOPS This tariff applies to the performance of background music provided by means of radio/television receiving sets, disc players, tape machines and similar devices in hairdressing and similar establishments.

I - INDUSTRIAL PREMISES, FACTORIES, CANTEENS ETC This tariff applies to the performance of background music to work and/or meals by means of radio/television receiving sets, disc players, tape machines industrial premises, factories, workshops, canteens and similar establishments.

J - CLUBS(SPORT CLUBS ETC) This tariff applies to the performance of music at clubs in the true sense , providing musical entertainment for their members and their bona fide guests.

JB - JUKE BOXES This tariff applies to the performance of background music by means of audio Juke Boxes and similar coin operated machines for the playing of recorded music.

MC - MOTOR COACHES, TAXIS AND MINI BUSES This tariff applies to the performance of music by means of radio s, and disc or tape players in motor coaches, taxis and mini buses.

MD - MOBILE DISC JOCKEYS This tariff applies to the performance of recorded music by so-called mobile or travelling discotheques at functions.

MD1 - CHOIRS AND VOCAL ENSEMBLES This tariff applies to the performance of music by choirs, vocal ensembles and similar groups with or without accompaniment.

MGC - MINIATURE GOLF COURSES OR PUTT-PUTT This tariff applies to the performance of background music provided by means of radio receiving sets, disc players, tape machines and similar devices at Miniature Golf Courses.

MH - MUSIC ON HOLD This tariff applies to the transmission of musical works when played over the telephone lines so as to be audible to incoming callers before they are connected to an internal extension.

NC - COMPOUNDS AND HOSTELS This tariff applies to the performance of background music by means of devices such as radios/television receiving sets, disc players or tape machines, in hostels associated with municipalities, mines, power stations, construction works, farms and similar premises.

P - MUSICAL SHOWS IN HALLS, THEATRES AND AUDITORIUMS This tariff applies to the performance of music in musical shows staged in theatres, halls, stadia, auditoriums and any other premises, however described, and to which admission is gained by payment at the door, by purchase of a ticket or by payment of membership subscription which includes the right of entry to one or more of such shows.

R - ROLLER AND ICE SKATING RINKS This tariff applies to the performance of music by orchestras, bands, disc players, tape machines or similar devices as an accompaniment to skating.

RS - INCIDENTAL MUSIC PERFORMANCES BEFORE AND AFTER RELIGIOUS SERVICES This tariff applies to the performance of incidental music before and after religious services, religious conventions and mass religious gatherings.

RT - RACE TRACKS, SPORTS STADIUMS AND SIMILAR OPEN AIR PREMISES This tariff applies to the performance of background music provided by means of radio/television sets, disc players, tape machines and similar devices at motor racing, sporting and similar open air events.

S - SHOPS, STORES, SHOWROOMS, OFFICES, BANKS AND SIMILAR PREMISES This tariff applies to the performance of background music in shops, stores, showrooms, offices, banking halls and similar premises.

T - OVERTURE, ENTR ACTE, EXIT , INCIDENTAL AND/OR CURTAIN MUSIC This tariff applies to the performance of music in theatres for the various purposes listed above, as an accompaniment or incidental to ordinary stage plays.”

V- AIRCRAFT This tariff to the performance of music provided by means of radio/television receiving sets, disc players, tape machines, video cassette players and similar devices in aircraft.

XC - RECORDED MUSIC AS AN ACCOMPANIMENT TO CABARET, DANCING OR FLOOR SHOWS This tariff applies to the performance of music at premises where recorded music is performed as an accompaniment to cabaret, dancing, floor and/or strip shows.

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