CONTACT

Make an artist booking, enquiry, send promo content, or just say hello!

For enquiries relating to this website, or to contribute to kiarajack.com, contact:
kiarajack@kiarajack.com

Subscribe for music

image4

  

DIRECT LICENSING POLICY (Public performance and transmission rights)


Our direct licensing guidelines


These are the direct licensing guidelines of Kiara Jack. This document contains information about licensing our sound recordings and music videos. It sets out the procedure to be followed when you are making an enquiry about direct licensing for public performance or transmission.


An alternative to licensing the sound recording directly from us is to obtain a blanket licence from the Phonographic Performance Company of Australia (PPCA). If you obtain the PPCA blanket licence then you will not require a licence from us because the blanket licence gives you permission, within the terms of the licence, to play any recording from the PPCA catalogue which covers over 5,000 recording labels including our sound recordings and music videos. Go to www.ppca.com.au or call PPCA on (02)85691111 to find out more.


Types of licences offered for sound recordings and music videos 


We only provide non-exclusive licences. 

This means we can offer the same licences to other people. 

For example, if we licence your restaurant to play our sound recordings we can also licence any other businesses (including other restaurants) that wish to play our sound recordings. 

These licences are separate from any licence required in respect of the underlying copyright in the music and lyrics on the sound recording. 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.com.au or call 1300852388


Direct Licensing Policy for Kiara Jack www.kiarajack.com


DIRECT LICENSING POLICY (PUBLIC PERFORMANCE AND TRANSMISSION RIGHTS) AND GUIDELINES FOR SYNCHRONISATION LICENSING


What is direct licensing? 


Direct licensing is where the person seeking a licence goes directly to the person who owns the copyright and negotiates the terms of the licence with the copyright owner. This is instead of going to PPCA.


This direct licensing policy applies to all protected sound recordings owned and/or licensed by: 


Kiara Jack 


www.kiarajack.com.au


What is a protected sound recording? 


If a sound recording or music video is not protected under Australian copyright law then a licence is not required to use that sound recording or music video in Australia. 


Sound recordings are protected under Australian law where: 


· the recording has been released for less than 7 weeks, regardless of where the recording was made or who made it; 


·  the recording was made in Australia;

 

· first publication of the recording occurred in Australia; 


·  the person who owned the recording (usually the record company) was either an Australian citizen, resident in Australia or incorporated in Australia;

 

· any of the performers on the recording are Australian citizens or resident in Australia; 


· or there are reciprocal arrangements in place under the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961. 


1. Our Direct Licensing Guidelines


1.1. These are the direct licensing guidelines of Kiara Jack (we/us/our). This document contains information about licensing our sound recordings and music videos. It sets out the procedure to be followed when you are making an enquiry about direct licensing for public performance or transmission. 


1.2. An alternative to licensing the sound recording or music video directly from us is to obtain a blanket licence from the Phonographic Performance Company of Australia (PPCA). If you obtain the PPCA blanket licence then you will not require a licence from us because the blanket licence gives you permission, within the terms of the licence, to play any recording from the PPCA catalogue which covers over 5,000 recording labels including our sound recordings and music videos. Go to www.ppca.com.au or call PPCA on (02) 8569 1111 to find out more.


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


2.1. We only provide non-exclusive licences. This means we can offer the same licences to other people. For example, if we licence your restaurant to play our sound recordings and/or music videos, we can also licence any other businesses (including other restaurants) that wish to play our sound recordings and/or music videos.

 

2.2. We offer licences for the following purposes: 


a transmission licences for our sound recordings and/or music videos. You will need a transmission licence if you intend to communicate the sound recording or music video to the public, for example by way of radio, television or the internet; 


b public performance licences for our sound recordings and/or music videos. You will need a public performance licence if you intend to play the sound recording or music video in public, for example by playing a CD at your business premises; 


c DJ performance licences if you intend to play our sound recordings and/or music videos in a venue or nightclub for use at your gigs; 


d broadcasting licences for our sound recordings and/or music videos. You will need a broadcasting licence if you intend to play the sound recording by means of a broadcasting service or any similar or related service or activity in the nature of “broadcasting” This would include licences in both sound recordings and music videos for radio and/or television broadcast; 


e webcasting licences for our sound recordings and/or music videos. You will need a webcasting licence if you intend to communicate the sound recording or music video to the public, for example by way of internet radio or the internet; 


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


g synchronisation licences for our sound recordings and/or music videos where they are used as soundtrack material (of any kind) in film, television programs, advertisements, video game or any other visual media. 


h compilation licences if you intend to include our sound recordings and/or music videos 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) 


i juke box licences if you intend to reproduce our sound recordings and/or music videos 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;


j music on hold licences if you intend to reproduce or communicate our sound recordings and/or music videos via your telephone system or network to telephone callers to, or within your business with a “music on hold” facility (where music is played while the caller in ‘on hold’)


k sample or remix licences if you intend to use an excerpt (“sample”) of our sound recordings and/or music videos in your track or video and/or you wish to create a remix of an existing Kiara Jack recording; 


l digital download licences if you intend to make our sound recordings and/or music videos available from your website by means of permanent or timed-out digital download technology; 


m mobile product licences if you wish to make our sound recordings and/or music videos available for streaming or download to any mobile telephone device; 


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.com.au or call 1300 852 388.


3. Our synchronisation licensing guidelines 


3.1. These are the synchronisation licensing guidelines for Kiara Jack. This document contains information about licensing our sound recordings for synchronisation in film, television and advertising. It sets out the procedure to be followed when you are making an enquiry about licensing for synchronisation purposes. 


3.2. As the PPCA does not cover synchronisation of any kind, enquiries for synchronisation licences can be submitted to Kiara Jack only.


4. What is the process for synchronisation licensing? 


4.1. Our synchronisation licence fees are set out in the schedule to these guidelines. 


4.2. To enquire about directly licensing any of our sound recordings or music videos, please contact:


Kiara Jack at email address kiarajack@hotmail.com or phone number +61 415 735 058


4.3. We require the following information: 

a your business name;

b your ABN;

c your contact details;

d a brief description of your business (eg café, gym, radio station, film festival);

e an accurate estimation, to the best of your ability and in good faith, of the number of customers per month attending your business (for radio and television stations, we require an estimate of your audience numbers. For one-off events please estimate the number of people you anticipate will attend);

f the title of each sound recording and/or music video you wish to use (if you wish to use the entire EP please indicate this);

g a brief description of how you will be using the sound recording and/or music video (please keep the description under 200 words); 

h how long you require the licence (for example, is it for a one-off event or do you require it for a longer period, such as 12 months?) and

i  intended audience for the project.


4.4. 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. Please be patient, we are only a small business and due to our limited resources it may take several days for us to respond to your valued enquiry.


4.5. 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. Our licence fee includes the cost of preparing the licence agreement. 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; however we can negotiate a discounted rate or a free trial period depending on the circumstances of your licensing requirements. 


4.6. If you accept our licence fee you must notify us in writing of your acceptance. We will then prepare the licence, which sets out the terms and conditions under which we grant you the licence. 


4.7. We grant licences for the following periods: 

a one-off episodes and reoccurring, advertisements, media presentations, films or videos for up to one month; 

b 6 months; 

c 12 months;

d longer periods of time are subject to negotiations with Kiara Jack


4.8. We grant licences to the following types of productions and for the following purposes. If your production type or purpose is not listed you may fit into our ‘other’ category: 

a short films; 

b feature films; 

c advertisements; 

d visual media; 

e television programs; 

f movie producers; 

g television producers; 

h radio producers; 

i other. 


4.9. Once you have paid the licence fee and have signed the licence agreement you are able to use the sound recording and/or music video 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. See www.apra.com.au or call APRA and AMCOS on 1300 852 388 to find out more.


5. What is the process for direct licensing?


5.1. Our licence fees are set out in the schedule to these guidelines. 


5.2. To enquire about directly licensing any of our sound recordings or music videos, please contact: 

Kiara Jack

e: kiarajack@hotmail.com 

m: +61 415 735 058 w: 

w: www.kiarajack.com.au

 

5.3. We require the following information: 

a your business name; 

b your ABN; 

c your contact details; 

d a brief description of your business (eg café, gym, radio station, film festival); 

e an accurate estimation, to the best of your ability and in good faith, of the number of customers per month attending your business (for radio and television stations, we require an estimate of your audience numbers. For one-off events please estimate the number of people you anticipate will attend); 

f the title of each sound recording and/or music video you wish to use (if you wish to use the entire album please indicate this); 

g a brief description of how you will be using the sound recording and/or music video (please keep the description under 200 words); 

h how long you require the licence (for example, is it for a one-off event or do you require it for a longer period, such as 12 months?); and 

i where (the source) you obtained or purchased the sound recordings from. 


5.4. 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. Please be patient, it may take several days for us to respond to your valued enquiry depending on the complexity of your requirements. Please indicate if you require the licence urgently at the time of your enquiry.


5.5. 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. Our licence fee includes the cost of preparing the licence agreement. 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; however we can negotiate a discounted rate or a free trial period depending on the circumstances of your licensing requirements. 


5.6. If you accept our licence fee you must notify us in writing of your acceptance. We will then prepare the licence, which sets out the terms and conditions under which we grant you the licence. 


5.7. We grant licences for the following periods: 

a one-off events; 

b 6 months; 

c 12 months; 

d longer periods of time are subject to negotiations with Kiara Jack


5.8. We grant licences to the following types of businesses and for the following purposes. If your business type or purpose is not listed you may fit into our ‘other’ category: 

a childcare centres; 

b community halls; 

c concert venues; 

d live music venues; 

e festivals; 

f gymnasiums and fitness centres; 

g music on hold; 

h nightclubs; 

i restaurants and cafes; 

j schools and universities; 

k computer game manufacturers; 

l recording studios; 

m music producers; 

n performing artists; 

o music promoters or agents; 

p internet; 

q other.


5.9. Once you have paid the licence fee and have signed the licence agreement you are able to use the sound recording and/or music video 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. See www.apra.com.au or call APRA and AMCOS on 1300 852 388 to find out more. 


5.10. Feedback: Kiara Jack welcomes any feedback or comments for improving its direct licensing policy. To do so please email: kiarajack@kiarajack.com


SCHEDULE 1: LICENCE FEES 


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 customer requires.


The fee/royalty applicable may also vary depending on the rights the customer 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 customer agrees to undertake in respect of the Kiara Jack 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. 

Please contact us for more information regarding licensing fees and we will endeavour to respond within 7 working days. 

Kiara Jack

m: +61 415 735 058

e: kiarajack@hotmail.com

w: www.kiarajack.com

  Welcome. There’s so much to see and hear. You’ll find the latest news plus links to music, photos, reviews and of course where you can purchase my songs. So, take your time and look around. And thanks for visiting.