Webcaster Licensing changes

[tjmarx]

Finally after several weeks I have received a reply from ARPA. Of course it doesn't answer all my questions and so I've had to write a reply and no doubt will wait another 6 or so weeks for ARPA to reply to that. But here is what they've said so far.

 

Hi TJ,

 

Thank you for your email, and apologies for the delay in getting back to you.

 

We offer a range of Audio Webcast service licences depending on the nature of your website/service.

If your website contains advertising or sponsorship, we would offer you a general licence where the licence fee would be based on a percentage of Gross Revenue (associated to your website) depending on the level of music use (described in the table below) subject to a minimum fee of $1293.60 (incl. GST) per quarter.

Music Use Percentage

Percentage of Gross Revenue (inc of GST)

≥90%

5.500%

80-89.99%

4.290%

60-79.99%

3.355%

40-59.99%

2.420%

25-39.99%

1.54%

0.605%

 

 

If your website will not contain advertising or sponsorship, but will be taken out under a company name, we have a limited Audio Webcast service licence available. The cost of this licence is $646.80 (incl. GST) per quarter for the first Audio Webcast Channel.

 

Again, this licence does not allow for any advertising in-stream or onsite and is limited to 2 Audio webcast channels that must be available free of charge to the user.From what you have described below, your service would probably fit under this 'limited' licence.

 

Being the content provider, it is your responsibility to take out a licence. Since you are an Australian resident, you would be required to take out an APRA|AMCOS licence. So you've come to the right place!

 

If you would like more information, or a copy of the a licence agreement, please let me know and I will send it through.

 

Apologies again for the delay.

 

Kind regards,

Aiona Fangupo

Broadcast & Online Services

APRA|AMCOS

16 Mountain St, Ultimo NSW 2007

Locked Bag 5000, Strawberry Hills NSW 2012

P +61 2 9935 7947 F +61 2 9935 7996

E afangupo@apra.com.au Wwww.apra-amcos.com.au

[tjmarx]

I got the reply from ARPA much faster this time. The lady I have been speaking to at ARPA has gone down my last email to her and replied point for point. Still... I must say she has only answered questions very generally, in some cases not at all, even though I have been very specific about my situation. Anyway, the reply when like this.

 

------

 

Hi Aiona,

 

I have a few further questions about the Limited license if that's ok.

Under that license can I still play the FREE advertising material for my

OWN businesses and for businesses of DJ's and other station volunteers?

 

If you are generating revenue from the service (i.e. selling advertising space, air-time or banner ads etc) - this is when a 'general' licence would be required. If you are simply promoting your own business in-stream or on-site then a 'limited general' licence should suffice.

That is to say the station would not receive any revenue from the

advertising in any form. Also, under this license would I be subject to

a certain percentage of music content playable? Or is the license open

to as much music content as is suitable to my station?

 

The limited general licence is a blanket licence that is based on a flat fee, therefore music use percentage does not come in to play here. Although, we still do require quarterly music logs.

 

Additionally

when you say "taken out under a company name", does this mean the

license requires the registration of an Australian Company &/or State

Registration of a Business?

Correct.

Lastly, does this license cover the music being streamed to other

countries? That is to say, if someone from the UK or the US for example

were to listen to my stream would this license still cover it?

 

The APRA|AMCOS licence can only cover services based within our Territory. Therefore you, being the content provider, based in Australia - we are in a position to offer you a licence for your service.

-------

 

The provisional need to form a company for what is essentially someone playing music and speaking over the internet from their house seems rather excessive to me. I can't quite understand why this is so, I could understand it if it was a station generating revenue, the need for being an incorporated company becomes obvious in that situation. But for a station receiving no income, this seems incredibly excessive.

 

Especially given the price tag, rules and regulations in relation to forming an Australian Company. Being licensed to run an internet station from Australia seems to me quite impossible unless it's a commercial station which receives large amounts of revenue. I mean simply by being incorporated you have to add a money accountant fee. You also must hang a sign on the premises stating that it is where you're located. There are loads of other costs associated with it.

 

Seriously, all I want to do is give the guys who made the music I play some money for me being able to play it. Not over complicate the whole situation.

[James]

APRA and their useless emails! They keep getting complicated, i swear they will blow up the internet if they keep going. :doh:

 

I got the reply from ARPA much faster this time. The lady I have been speaking to at ARPA has gone down my last email to her and replied point for point. Still... I must say she has only answered questions very generally, in some cases not at all, even though I have been very specific about my situation. Anyway, the reply when like this.

 

------

 

Hi Aiona,

 

I have a few further questions about the Limited license if that's ok.

Under that license can I still play the FREE advertising material for my

OWN businesses and for businesses of DJ's and other station volunteers?

 

If you are generating revenue from the service (i.e. selling advertising space, air-time or banner ads etc) - this is when a 'general' licence would be required. If you are simply promoting your own business in-stream or on-site then a 'limited general' licence should suffice.

 

That is to say the station would not receive any revenue from the

advertising in any form. Also, under this license would I be subject to

a certain percentage of music content playable? Or is the license open

to as much music content as is suitable to my station?

 

The limited general licence is a blanket licence that is based on a flat fee, therefore music use percentage does not come in to play here. Although, we still do require quarterly music logs.

 

Additionally

when you say "taken out under a company name", does this mean the

license requires the registration of an Australian Company &/or State

Registration of a Business?

 

Correct.

 

Lastly, does this license cover the music being streamed to other

countries? That is to say, if someone from the UK or the US for example

were to listen to my stream would this license still cover it?

 

The APRA|AMCOS licence can only cover services based within our Territory. Therefore you, being the content provider, based in Australia - we are in a position to offer you a licence for your service.

-------

 

The provisional need to form a company for what is essentially someone playing music and speaking over the internet from their house seems rather excessive to me. I can't quite understand why this is so, I could understand it if it was a station generating revenue, the need for being an incorporated company becomes obvious in that situation. But for a station receiving no income, this seems incredibly excessive.

 

Especially given the price tag, rules and regulations in relation to forming an Australian Company. Being licensed to run an internet station from Australia seems to me quite impossible unless it's a commercial station which receives large amounts of revenue. I mean simply by being incorporated you have to add a money accountant fee. You also must hang a sign on the premises stating that it is where you're located. There are loads of other costs associated with it.

 

Seriously, all I want to do is give the guys who made the music I play some money for me being able to play it. Not over complicate the whole situation.

[tjmarx]

Finally the hidden truth starts to be revealed. Don't worry chaps, I'll get to the truth even if it takes me a year to do so. Disgusted with ARPA's fees and still without my main question answered I replied to their last email. This is what I got back

 

----

 

Hi Aiona,

 

Thanks for your reply. You actually didn't answer my last question in

relation to whether I'm covered for other parts of the world as well. I

understand being an Australian resident means I need to get a license

from ARPA/AMCOS but what I DON'T know is whether or not I need to obtain

a license in other countries as well.

- If you are setting up a UK website or US website (i.e. - co.uk or a .com), you would be required to take out a separate licence within each of their territories.

Also, can you please advise me why in the UK through the PPL a

webcasting license for my situation would cost 238 pounds (approximately

$500AU) for the entire year, without need to set up a company. While in

Australia I'm being forced to pay over $600 every 3 months for my

license, plus set up a company, which under ASIC laws must be

incorporated which means a monthly accountant fee as well, all so I can

play music over the internet from my home, and from the homes of the

volunteers who want to get involved. That sounds sorta wrong to me

that there is such a massive difference in price between countries to do

the exact same thing.

- The licence fees for APRA|AMCOS webcast licenses are standard across the board. The licence fees are in line with similar licences already in place for online services locally and overseas. We feel that the fees reflect the true value of musical works being used in webcast services.

 

However, in saying that - There is another tier of Audio webcast licensing available, which is a 'private individual' licence. You can take up this option if you would like to take the licence out in your personal name, it is limited to 1 Audio Webcast Channel and there is no sponsorship/advertising etc attached to the service. The cost of this licence is a flat fee of $517.00 (incl GST) per annum or part thereof.

 

Please let me know if you think this licence would be better suited, and I can send you through the paperwork.

 

 

------

 

So it seems there IS actually a comparable license for webcasters, it's just not advertised and they really don't want you to know about it. Perhaps they don't like the reach webcasters have.

 

My question about licensing in different countries STILL hasn't been fully answered although we're at least half way there. So I've written back to ask her again what the deal is. I swear, I've given this woman all the information already I don't see why she can't answer such a basic question. I'm thinking it's probably because she's trying to get me to sign up for a license before she tells me I actually need one in every other country as well. lol

[johny c]

They are still ripping you off, why do they have different rules for the same company in another country as I pointed out before. http://www.apra.co.nz/html/music_uses.php?id=5141

Low Power FM Broadcasters

 

Low Power FM broadcasters are broadcasting services whose reception is limited by transmission power (under 500mW) and reception area. These services can be received on standard radio sets but according to MED specifications are available on guard band frequencies only. These services are generally funded by limited advertising or sponsorship.

 

Broadcast Licence

Licensees pay a set annual fee of $250 plus GST. The licence allows very limited revenue collection by the broadcaster - up to $10,000 per year.

 

This licence now includes the option for Low Power Radio transmission via Internet simulcast. The licence fee is $450 plus GST per annum for both transmissions.

 

It is envisaged that such stations should be non commercial and use advertising for cost recovery purposes only.

 

We do not expect LPFM broadcasters to supply play list information although we retain the right to ask them to do so if necessary.

 

Each station will provide a declaration each year stating that they did not collect more than $10,000 in revenue.

........................................................................................................................................

And no we dont have to set up a company, as I said this is the same "APRA" As you can see by the rules above I dont have to supply a playlist. My point is, where's the money going to, who do they know who to pay my money to.