Terms of Use

THE IN SOUND FROM WAY OUT | EMI NEW ZEALAND BLOG

Terms and Conditions

Welcome to our website The In Sound From Way Out. By accessing the Website you are agreeing to abide and be bound by these terms and conditions and our Privacy Policy.

The Website links to other websites which may include ads with embedded links and we’re not responsible for the content or accuracy of those websites and the inclusion of any link or ad doesn’t imply that we endorse the linked website or the subject matter of the ad.

No charge is made by us for your use of the Website but charges from your telecommunications provider may apply.

Definitions
1. Content means all material on the Website (such as trade marks (registered or unregistered), text, graphics logos, button icons, images, audio clips, video, digital downloads, service names and date compilations) and any material sent to you by email from the Website;
2. EMI, we, us and our means EMI Music New Zealand Ltd of Level 9 Baycorp House, 15 Hopetoun Street, Ponsonby, Auckland, New Zealand and any Subsidiary from time to time of EMI and includes our directors, officers, employees, consultants and shareholders. Subsidiary has the meaning given to that term in the Companies Act 1993;
3. Privacy Policy means our policy located at http://www.emi.co.nz/privacy.asp;
4. Website means the website located at www.theinsoundfromwayout.co.nz and any page, information, data or operations available from such website;
5. Your Content means any material (including material available via hyperlinks you provide) through the Website blog.
Acceptable Use Policy
1. You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded, posted, distributed or stored by you does not infringe the rights of others.
2. All Content, the compilation of the Content, the software used on the Website and the copyright and other intellectual property rights in the Content on the Website belongs to, or is controlled by or licensed to, us and is protected by copyright laws.
3. You are not allowed to:
  1. reproduce or modify in any way or commercially exploit any Content;
  2. remove the copyright or trade mark notices from any Content;
  3. create a database in electronic or structured manual form by systematically downloading and storing all or any Content;
  4. systematically extract and/or re-utilise any Content;
  5. create and/or publish your own database that features Content taken from the Website;
  6. impersonate another person or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
  7. post anyone else’s name, address, phone number or other information which would identify them, without that person’s consent. No person may post this type of information about a person (including the person posting) who is under the age of 18, regardless of whether that person consents;
  8. damage, interfere with or disrupt access to the Website;
  9. obtain or attempt to obtain unauthorised access to the Website or computer systems or areas of our networks;
  10. set up links to any page on the Website without our written consent;
  11. use the Website for fraudulent, criminal or unlawful purposes;
  12. arrange to meet a person you met through the Website blog, if either of you are under the age of 18;
  13. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
  14. engage in any other conduct that inhibits any other person from using or enjoying the Website.
Blogging
1. Before blogging, the Website requires that you provide your name and an accurate email address. Your email address will not be shown on the Website.
2. We may in our discretion and without notice to you, review, modify or remove any material which you provide including where we believe it violates these terms and conditions.
3. We may in our discretion suspend or cancel your use of the Website blog if you breach, or we believe you to have breached, any of these terms and conditions.
Your Content
1. Your Content must not:
  1. be defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  2. infringe the intellectual property or other rights of any third party;
  3. constitute or relate to unlawful activities or conduct;
  4. create a privacy or security risk to any person;
  5. be false, misleading or deceptive; or
  6. contain financial, legal, medical or other professional advice.
2. You must not use the Website blog:
  1. in any manner that would harm, abuse, harass, stalk, threaten or otherwise offend anyone;
  2. to solicit money or personal information from any person;
  3. in any manner that would reflect negatively on us or any of our related entities;
  4. in any manner that would breach these terms and conditions or any applicable laws; or
  5. to tamper with the Website.
3. By posting your Content to the Website blog, you grant us and warrant that you have the right to grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sub-licence) to use, copy, modify and otherwise exploit your Content in any form or on any medium and for any purpose.
4. You agree to indemnify and hold us harmless against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands relating to or arising out of your Content, arising from your use of, or conduct on, the Website and/or a breach of any of these terms and conditions.
5. We may assume the exclusive defence and control of any third party claim relating to or arising out of your Content and all negotiations for the settlement of any such claim, and you agree to fully co-operate with us (at your own cost) in the defence of any such claim or settlement negotiations.
License
1. We grant you a limited, non-transferable license to access this Website but not to download or modify it, or any portion of it, except with our written consent.
2. You’re not allowed to frame or use framing techniques to enclose any Content nor are you allowed to use meta tags or any other “hidden text” using our names or trade marks. Any unauthorised use terminates the license granted by us under clause 5.1.
Liability
1. We provide the Website on an “as is” basis and make no representations or warranties of any kind as to the Website or the content or the accuracy, completeness or suitability for any purpose of the content published on the Website. The material provided and views expressed by users are the materials and views of those users and are not ours.
2. We make every effort to ensure that the Website is free from viruses or defects. However we can’t guarantee that your use of the Website won’t cause damage to your computer. We are not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Flash Player) or upgrade your browser software to enhance your usage of the Website.
3. To the maximum extent permitted by law:
  1. we have no liability to you, whether for breach of these terms and conditions, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms and conditions, the Website or any content;
  2. we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or any Content, whether or not we know of the possibility of such damage; and
  3. our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following: (i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and (ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
4. Subject to our obligations under any implied conditions and warranties referred to in sub-clause 6.3(c) our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis, is limited to NZ$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in sub-clause 6.3(c).
Infringing or Objectionable Content
1. If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us at steve.cadman@emimusic.com
General
1. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
2. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction and validity of the remaining terms will be unaffected.
3. If either party does not exercise a right or remedy under these terms and conditions, this will not be taken to mean that they have been waived.
4. These terms and conditions will be governed by and interpreted in accordance with the laws of New Zealand and you irrevocably agree that the courts of New Zealand, and any courts of appeal from such courts, will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these terms and conditions.
5. The Website is owned and operated by EMI. If you have any queries concerning any part of these terms and conditions please contact us at steve.cadman@emimusic.com.
6. We reserve the right to make changes to any part of the Website and these terms and conditions without notice. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes.

EMI DIRECT LICENSING GUIDELINES

1. EMI direct licensing guidelines

1.1. These are the direct licensing guidelines of EMI Music New Zealand Limited (EMI). This document contains information about licensing protected sound recordings and music videos directly from EMI. It sets out the procedure to be followed when you are making an enquiry about direct licensing of EMI owned or controlled protected sound recordings and/or music videos for any purpose. Protected sound recordings and music videos are all the sound recordings and music videos subject to copyright protection under the New Zealand Copyright Act. For more information on what constitutes a protected sound recording and music video go to www.theinsoundfromwayout.co.nz

1.2. An alternative to licensing sound recordings or music videos directly from EMI may be to obtain a blanket reproduction licence from the Recording Industry Association of New Zealand (RIANZ) and/or a blanket public performance licence from Phonographic Performances New Zealand (PPNZ). If you obtain the necessary RIANZ and/or PPNZ blanket licences then you will not require a licence from EMI because the blanket licences give you permission, within the terms of the respective licences, to use any recording from the RIANZ and PPNZ catalogue, which covers over 5,000 recording labels including EMI’s sound recordings and music videos. Contact details for RIANZ and PPNZ are as follows:

For RIANZ go to www.rianz.org.nz or call RIANZ on (09) 360 5085.

For PPNZ go to www.ppnz.co.nz or call PPNZ on 0800 88 77 69.

2. Types of licences presently offered by EMI for sound recordings and music videos

2.1. EMI only offers non-exclusive licences. This means EMI can offer the same licences to other people. For example, if EMI grants you a licence to stream EMI sound recordings and/or music videos from your website, EMI can also licence any other website operator that wishes to stream EMI sound recordings and/or music videos.

2.2. For the reasons discussed in clause 4 of these guidelines, EMI is presently only in a position to offer licences for the following purposes:

a compilation licences. You will need a compilation licence if you intend to include an EMI sound recording or music video on a compilation album or DVD to be made available for sale to the public (this includes all retail stores, market stalls, online stores etc);

b premium compilation licences. You will need a premium compilation licence if you intend to include an EMI sound recording or music video on a compilation album or DVD which features third party branding or is to be given away to consumers in connection with a promotion (eg newspaper covermounts);

c synchronisation licences. You will need a synchronisation licence if you intend to reproduce a sound recording (or part thereof) for use in an audio-visual production, be it a film, video, advertisement, television production or promo, video game or visual presentation;

d sample or remix licences. You will need a sample or remix licence if you wish to use an excerpt (“sample”) of an EMI sound recording in your track or if you wish to create a remix of an existing EMI sound recording;

e public performance licences. You will need a public performance licence if you intend that EMI sound recordings and/or music videos will be played in public at your venue, for example by a DJ at a nightclub;

f juke box licences. You will need a jukebox licence if you intend to reproduce sound recordings for use in juke boxes supplied to venues such as pubs, clubs, dance studios, fitness centres, offices and retail outlets, or for use as part of a digital jukebox on the Internet;

g public video player licences. You will need a public video player licence if you intend to reproduce video clips for use in public video players supplied to venues such as pubs, clubs, dance studios, fitness centres, offices and retail outlets;

h music video broadcast licences. You will need a music video broadcast licence if you intend to reproduce and broadcast EMI music videos (or part thereof) for use in any television program;

i webstreaming licences. You will need a webstreaming licence if you intend to make EMI sound recordings and/or music videos available from your website by means of non-downloadable streaming technology;

j digital download licences. You will need a digital download licence if you wish to make EMI sound recordings and/or music videos available from your website by means of permanent or timed-out digital download technology;

k mobile product licences. You will need a mobile product licence if you wish to make EMI sound recordings and/or music videos available for streaming or download to any mobile telephone device.

2.3. All of these licences are separate from any licence required in respect of the underlying copyright in the music and lyrics on the sound recording or music video. Unless the underlying musical works are no longer protected by copyright, you will also need to obtain permission to use the underlying musical works (including any lyrics). Permission to use musical works can be sought from the Australasian Performing Rights Association (APRA) and the Australasian Mechanical Copyright Owners Society (AMCOS). These two organisations operate from the same office and have responsibility for different types of licensing. See www.apra.co.nz or call 0800 692 772.

3. What is the process for licensing sound recordings and music videos from EMI?

3.1. To enquire about directly licensing any of EMI’s sound recordings or music videos, please visit EMI’s website at www.theinsoundfromwayout.co.nz to find out more. Alternatively you can call (09) 356 1570 and ask to speak to someone in EMI’s Licensing department.

3.2. If you wish to apply for a licence from EMI, please fill out one of EMI’s direct licensing enquiry forms which can be downloaded from www.theinsoundfromwayout.co.nz or phone us on (09) 356 1570 and we will send you a copy.

3.3. Once you have provided us with this information we will get in touch with you to discuss whether a direct licence is likely to be appropriate in the circumstances.

3.4. After speaking with you, we may require additional information. Once you have provided us with any additional information we require, we will provide you with a quote for the licence fee. EMI’s licence fees include the cost of preparing the licence agreement, administering the licence and accounting to EMI artists for their share of the licence fees. EMI’s licence fees vary depending on the type of use you are making of the sound recording or music video. Please note that we do not provide any licences free of charge.

3.5. If you accept EMI’s licence fee for a particular licence, you must notify us in writing of your acceptance. We will then prepare the licence agreement, which sets out the terms and conditions under which EMI grants you the licence.

3.6. Once you have paid the licence fee and have signed the licence agreement you are able to use the relevant sound recordings and/or music videos in accordance with the terms and conditions of the licence. Don’t forget to contact APRA and AMCOS to see if you also require a licence from them for the use of the musical works and lyrics.

4. Types of licences EMI is presently able to offer for sound recordings and music videos

4.1. Due to a number or reasons, most notably the legal and administrative costs involved with direct licensing, EMI is presently unable to offer direct licenses of its sound recordings and music videos at competitive rates for all purposes. In particular, EMI does not presently have the resources to offer direct licences for the following purposes:

a. broadcast licences for the right to communicate a sound recording to the public by means of television and radio broadcasts, including simulcasts over the internet;

b. datacasting licences for the right to communicate a sound recording and/or music video to the public by means of a datacasting service;

c. music on hold licences for the right to communicate a sound recording to telephone callers on hold by any means from a device, system or service used in connection with any telecommunications device, system or network;

d. reproduction licences for DJs, fitness centres or dance studios;

e. reproduction licences for any person wanting to set up a format shifting business;

f. public performance licences for certain types of businesses and venues where EMI does not presently have adequate resources or systems to track, log and account for the public performance of its sound recordings and/or music videos at that business or venue.

EMI will review its position on a regular basis to consider whether our resources and systems enable us to engage in direct licensing for additional purposes in respect of which it is not presently commercially feasible to offer direct licences. If EMI does become able to offer direct licensing for any additional purpose, EMI will update its direct licensing guidelines and the EMI website so that prospective licensees are aware of any change to EMI’s direct licensing policy.

4.2. In the meantime, you may be able to obtain a licence for the public performance or transmission of EMI’s sound recordings or music videos by contacting Phonographic Performances New Zealand (PPNZ) at www.ppnz.co.nz or call 0800 88 77 69. Similarly, you may be able to obtain a licence for the reproduction of EMI’s sound recordings by contacting the Recording Industry Association of New Zealand (RIANZ) at www.rianz.org.nz or call (09) 360 5085.

4.3. EMI would welcome any feedback or comments for improving its direct licensing guidelines. To do so please email admin@theinsoundfromwayout.co.nz

Licensing

Who is EMI Music Licensing in New Zealand?

We are the central licensing division in New Zealand for all the labels owned by EMI Music, which includes Capitol Records, Parlophone, Angel, Blue Note, Positiva, EMI Classics, Virgin, Source, Mute, Innocent and Hut. We also license repertoire locally on behalf of labels including Spunk!, Walt Disney Records, Domino and Below Par Records.

Can I speed up the licensing process?

You cannot speed it up, but you can avoid slowing it down by making sure that you have given us all the relevant information we require at the outset.

What type of licence can I obtain from EMI?

EMI offers non-exclusive licences of its protected sound recordings and music videos for a number of different purposes. Protected sound recordings and music videos are all the sound recordings and music videos subject to copyright protection under the New Zealand Copyright Act. For more information on what constitutes a protected sound recording and music video go to http://www.ppnz.co.nz/faq.asp. The most common types of licence offered by EMI are:

- compilation licences. You will need a compilation licence if you intend to include an EMI sound recording or music video on a compilation album or DVD to be made available for sale to the public (this includes all retail stores, market stalls, online stores etc);

- premium compilation licences. You will need a premium compilation licence if you intend to include an EMI sound recording or music video on a compilation album or DVD which features third party branding or is to be given away to consumers in connection with a promotion (eg newspaper covermounts);

- synchronisation licences. You will need a synchronisation licence if you intend to reproduce a sound recording (or part thereof) for use in an audio-visual production, be it a film, video, advertisement, television production or promo, video game or visual presentation;

- sample or remix licences. You will need a sample or remix licence if you wish to use an excerpt (“sample”) of an EMI sound recording in your track or if you wish to create a remix of an existing EMI sound recording;

- public performance licences. You will need a public performance licence if you intend that EMI sound recordings and/or music videos will be played in public at your venue, for example by a DJ at a nightclub;

- juke box licences. You will need a jukebox licence if you intend to reproduce sound recordings for use in juke boxes supplied to venues such as pubs, clubs, dance studios, fitness centres, offices and retail outlets, or for use as part of a digital jukebox on the Internet;

- public video player licences. You will need a public video player licence if you intend to reproduce video clips for use in public video players supplied to venues such as pubs, clubs, dance studios, fitness centres, offices and retail outlets;

- music video broadcast licences. You will need a music video broadcast licence if you intend to reproduce and broadcast EMI music videos (or part thereof) for use in any television program;

- webstreaming licences. You will need a webstreaming licence if you intend to make EMI sound recordings and/or music videos available from your website by means of non-downloadable streaming technology;

- digital download licences. You will need a digital download licence if you wish to make EMI sound recordings and/or music videos available from your website by means of permanent or timed-out digital download technology;

- mobile product licences. You will need a mobile product licence if you wish to make EMI sound recordings and/or music videos available for streaming or download to any mobile telephone device.

For further information on EMI’s direct licensing policies please see EMI’s direct licensing guidelines which are published on our website: http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing

How do I go about obtaining a licence from EMI?

To enquire about directly licensing any of EMI’s sound recordings or music videos, please go to http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing to find out more. Alternatively you can call (09) 356 1570 and ask to speak to someone in the Licensing department.

Please fill out one of EMI’s direct licensing enquiry forms which can be downloaded from http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing or phone us on (09) 356 1570 and we will send you a copy.

Once you have provided us with this information we will get in touch with you to discuss whether a direct licence is likely to be appropriate in the circumstances.

What if EMI is unable to grant me the licence I require?

Due to a number or reasons, most notably the legal and administrative costs involved with direct licensing, EMI is presently unable to offer direct licenses of its sound recordings and music videos at competitive rates for all purposes. For more information please see EMI’s direct licensing guidelines which are published on our website: http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing

In the meantime, you may be able to obtain a licence for the public performance or transmission of EMI’s sound recordings or music videos by contacting Phonographic Performances New Zealand (PPNZ) at www.ppnz.co.nz or call 0800 88 77 69. Similarly, you may be able to obtain a licence for the reproduction of EMI’s sound recordings by contacting the Recording Industry Association or New Zealand (RIANZ) at www.rianz.org.nz or call (09) 360 5085.

Why do I need two licences to use an EMI track?

There are two copyrights in pre-recorded music, and hence two permissions that must be acquired. EMI Music will control rights to the MASTER (or the particular sound recording or music video), while a music publisher or collecting society will control rights to the MUSICAL WORK (or the underlying rights in the song, e.g. lyrics, composition).

Who should I contact first to secure my licences?

The music publisher

Why should my first call be to the music publisher?

Because a master cannot be licensed without the musical work being approved, whereas a song can be licensed without a specific sound recording being approved.

How do I find out who the music publisher is?

Check the credits on your CD booklet and\or call the copyright collection society below. Please note that there may be multiple music publishers for a song (e.g. songwriting collaborations or partnerships). If this is the case each publisher needs to be contacted for a licence.

AMCOS (Australasian Mechanical Copyright Owners Society)

Telephone: 0800 692 772

Website: www.apra.co.nz

How do I contact the music publishers?

AMCOS can provide contact details.

How long will it take to get my master use license?

Allow at least 2 weeks for clearance, with some masters requiring much longer to gain approvals. There are many factors that need to be taken into consideration as follows:

- Is the repertoire owner based in New Zealand or internationally?

- Does EMI Music New Zealand need to secure management and/or artist approval for use of the track?

- How many requests is EMI Music Licensing handling at the time?

Please also note that in certain instances we may be unable to give you permission to use a specific recording.

Can I speed up the licensing process?

You cannot speed it up, but you can avoid slowing it down by making sure you have given us all the relevant information we require at the outset.

What is that information?

Please fill all the required fields on the relevant Master Licence Application Form: http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing

Does EMI Music New Zealand have a direct licensing policy?

Yes, you can find EMI’s direct licensing guidelines on our website: http://www.musichead.com.au/site/howEmiWorks.asp?section=licensing

These terms and conditions were last updated on 26/04/2010.