USE OF WARNER MUSIC AUSTRALIA MASTER COPYRIGHTS IN PRODUCTIONS
Warner Music undoubtedly has one of the finest collections of master recordings in the world, from The Eagles, Led Zeppelin and Fleetwood Mac to Michael Buble, Regina Spektor and Green Day. They have an enviable roster of local talent and copyrights too, including the Aussie king of rock, Johnny O’Keefe, new rock sensations Gyroscope and the timeless music of Katie Noonan.
Mana Music Australia is responsible for all synchronisation and premium requests of Warner Music’s master recordings in Australia.
For all synchronisation and premium licensing enquiries please contact:
In Melbourne:
Bernard Galbally bernard@mana.com.au
Amy Ebert amy@mana.com.au
Phone: 03 9646 4303
In Sydney:
John Ferris john@mana.com.au
Phone: 0405 710 384
In order to be able to provide fast and efficient service, below is important information to read should your enquiry be in relation to:
- A School Project
- A Film to be submitted to a Festival
- Requests from Charities or Not For Profit Organisations.
INTRODUCTION
There are two copyrights in any sound recording of a song. The publishing copyright and the master recording copyright. Warner Music Australia controls the master recording copyright. Please note, when you licence a Master Recording copyright from Warner Music Australia you will also need to secure a licence for the publishing copyright of the song you are looking to licence from the party that controls the publishing copyright.
FOR SCHOOL PROJECTS
Warner Music Australia (WMA) has what is termed a Schools Licence Agreement. This is designed for students to license WMA master recordings for their films where they are only being screened within the school as part of the school curriculum. The licence is provided on a pro-bono basis and expires at the end of the school year. An administration charge of $150.00 + GST is charged.
In order to apply for a Schools Licence Agreement, you will have to fill out the attached form (click here). Please note, we do not consider ourselves to be legally bound by the above unless and until we have fully executed a License Agreement and the fee is paid. If you wish to proceed we require the following information:
* Name of Project
* Name of Student
* Address and phone number of school
* Letter from School Principal (or other person of Authority) confirming project
Due to the large number of school requests, please allow a minimum of one month for WMA to process your licence application.
Please ensure you contact the relevant music publisher(s) to obtain their approval for the above usage.
FOR FILM FESTIVALS*
In order to assist people making films to be shown in festivals, Warner Music Australia (WMA) has what is termed a Festival Licence Agreement. This is designed for students, and up and coming and independent film makers to license WMA master recordings for their films where the film is only to be screened for either competitions or festivals only within Australia. The licence fee is $400.00 + GST and is for a 1 year term. You will need to fill out the attached form (Click here).
If rights are required for territories outside of Australia the normal application process needs to take place, a different licence fee will be charged and the applicant should allow up to 6 weeks for approval.
Please note, we do not consider ourselves to be legally bound by the above unless and until we have fully executed a License Agreement and the fee is paid. If you wish to proceed we require the following information:
* Name of Project
* Name of Producer
* Address and phone number
* Budget
* Synopsis
* Scene Description
* Duration
- *Please note that not all Film Festivals are covered by this licence and depend on the rights required by the Festival itself. Please ensure you know exactly what rights are required before completing the attached form.
Please ensure you contact the relevant music publisher(s) to obtain their approval for the above usage.
FOR CHARITY OR “NOT FOR PROFIT” ORGANISATIONS
Warner Music Australia (WMA) receives numerous requests for the use of its copyright works from charities and 'not for profit' organisations. Many of these applications are accompanied by a request for reduced licence fees. In some cases, a reduced fee will be available, but in other cases it will not. Accordingly, this information sheet is designed to answer a number of frequently asked questions in relation to charity and 'not for profit' licences and the fees which apply to such uses.
Q. How do I apply for a licence?
If you would like to apply for a licence to use any of WMA's works you must first complete and lodge the licence request form (Click here for form). On the form, clearly state the beneficiary of the charity, giving precise details of the intended use of the work and the nature of the production – ie. fundraising drive, public awareness, function or launch etc.
Q. How long will it take for an answer?
Due to the large number of charity requests, please allow a minimum of one month for WMA to process your licence application.
Q. How much will it cost?
After receiving your request, if the work is available for use (as not all songs are available for license), Mana Music will provide you with a quotation for the work based on the commercial rate applicable to such use. The initial quote will not reflect your request to pay a lesser fee or that the fee be waived. Mana Music will then submit your request to the repertoire owner for clearance and consideration of a reduced fee.
Q. Who decides if a reduced fee will apply?
Requests for reduced fees are considered by the repertoire owner of the master recording. All decisions to accept a reduced fee (or charge no fee at all) are entirely at the discretion of the repertoire owner. WMA and Mana are not able to override these decisions.
Q. Why are requests for reduced fees sometimes refused?
Due to the large volume of charity requests, a number of WMA's artists have chosen to nominate favoured charities to receive their support. This often means that other charity requests (however worthy) are respectfully denied or, if approved for use, approved at a commercial rate.
Q. Do I have to sign an agreement?
Should your licence application be approved, you will have to enter into WMA's standard licence agreement (and pay the relevant fee) before any use of the work can be made.
Q. What terms will the agreement contain?
The licence agreement will contain a number of key terms, including:
(a) Payment of a fee. The fee will be:
- the commercial rate set by master repertoire owner;
- a reduced fee set by the repertoire owner; or
- in cases where the licence fee is being waived, an administrative fee for handling your request and issuing the appropriate licence agreement. This fee will be in the vicinity of $250.00.
(b) Short term “one off” use for a maximum term of one month only.
(c) If the work is to be used in a commercial, the commercial must be deemed a community service announcement and air in CSA air time.
(d) No granting of renewals or options for extension of the agreement.
(e) No third party products, services, sponsors etc. being referred to in the production or any third party logos or references to any other organisation whatsoever.
(f) Due credit being afforded to the song and the artist (in instances where this is possible).
Q. What if I am on a tight deadline?
If you are unable to wait for a response to your request without jeopardising your production, are concerned clearance will not be forthcoming, or are unable to comply with the above licence terms, please consider using an alternative song in your production.
Q. Where can I get more information?
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