TERMS OF USE AND LICENCING
GUIDELINES
1 YOUR USE OF THIS SITE
This site is owned and operated by Warner Music New Zealand
Limited ('Warner'), which is part of Warner Music Group. By using
this site you accept and agree to comply with these Terms of Use
("Terms"). If you do not agree with any of these Terms, do not use
this site. Warner reserves the right to amend or update these
Terms at any time without prior notice and you should periodically
check to ensure you are aware of any changes.
2 ONWERSHIP OF MATERIAL ON THIS SITE
All material on this site, including, without limitation, text,
names, logos, graphics, images, photographs, illustrations, music,
audio clips, video clips and software ('Material') is owned
exclusively by Warner, its affiliates or others who have licensed
their material to Warner (unless expressly indicated
otherwise).
3 USE BY YOU OF MATERIAL
You may view and download one copy of the Material for your own
personal and non-commercial use only. Otherwise, you must not copy,
reproduce, alter, republish, frame, upload, post, transmit,
distribute, communicate or use the Material in any way other than
as expressly authorised either in this site or in writing by
Warner. All rights not expressly granted are reserved to
Warner.
4 COMMUNICATION FORUM
This site may contain communication facilities which provide
feedback by users to Warner, real-time interaction between users
and other electronic messaging and notice services ('Communication
Forum'). The information and opinions expressed in any
Communication Forum are not necessarily those of Warner or its
affiliates. Warner is not responsible for any material in any
Communication Forum. You are solely responsible for any material
submitted or published by you. In any Communication Forum, you must
not submit or publish anything which is:- Threatening, abusive,
defamatory, obscene, vulgar, pornographic, profane or indecent-
Violates or infringes upon the rights of any other person,
including material which is an invasion of any privacy or publicity
rights or which is protected by copyright, trademark or any other
proprietary right;- Violates any law or advocates illegal
activity;- Advertises or solicits money, goods or services.Warner
reserves the right to edit, refuse to post or to remove any
materials that are described above or that are, in Warner's sole
discretion, in any way objectionable, in breach of these Terms or
in Warner's view, otherwise unacceptable. Warner reserves the right
to fully co-operate with any legal order, direction or request to
disclose the identity or other information in respect of anyone
posting any materials which violate any law.
5 SUBMISSIONS BY YOU
All information, ideas, concepts and other material submitted by
you will be the property of Warner throughout the universe for
Warner to use in any manner in any media (whether now known or
later devised) including to publish that material and use it for
promotional purposes. You expressly waive in favour of Warner all
moral rights and any similar rights which you may have or later
acquire in respect of your material. You warrant that any
material submitted by you does not infringe any copyright,
trademark, licence, privacy, confidentiality or any other right of
any other party or any law.
6 LINKED SITES AND ADVERTISING
This site contains links to other websites. Warner is not
responsible for the contents of other websites or any link
contained in other websites. Warner provides these links to you as
a convenience only. If you access any other website, you do so
entirely at your own risk. This site may also contain
advertisements by other people. These advertisements are not
recommendations or endorsements by Warner and Warner is not
responsible for the products and/or services being advertised.
Please refer to the relevant advertiser for all information
regarding the advertiser and its products and/or
services.
7 CHILDREN
Children under 16 should not submit any Material (particularly
personal information) to this site. Children should ask their
parents to submit any Material on their behalf.
8 DISCLAIMER AND LIMITATION OF LIABILITY
Warner does not exclude any rights and remedies applicable under
the Consumer Guarantees Act 1993 but otherwise to the fullest
extent permitted by law, Warner excludes all conditions and
warranties (express and implied) of any kind. Warner does not
warrant: that the functions contained in any Material or
Communications Forum or your access to this site will be
uninterrupted or error-free; that any defects will be corrected; or
that this site or the server which stores and transmits Material to
you are free of viruses or any other harmful components. Warner
does not warrant or make any representation regarding your access
to, or the results of your access to, this site (including any
related or linked websites) or any Material in terms of
correctness, accuracy, timeliness, completeness, reliability or
otherwise. Under no circumstances (including without limitation,
any act or omission on the part of Warner) will Warner or its
affiliates be liable for any indirect, incidental, special and/or
consequential damages or loss whatsoever which results from any use
or access of, or any inability to use or access, this site or any
Material. Certain laws may not allow the exclusion of some
conditions and warranties and in that case some of the above
exclusions may not apply to you if and to the extent they are not
permitted by law.
9 INDEMNITY
You agree to indemnify Warner and its officers, directors, agents
and affiliates from and against all claims, liabilities, costs and
expenses (including legal costs on a full indemnity basis)
resulting from your failure to comply with these Terms of
Use.
10 APPLICABLE LAW
This site is controlled by Warner from its offices inNew Zealand.
Warner makes no representation that the Material in this site is
appropriate or available for use in other locations. Those who
choose to access this site from locations outside New Zealand do so
at their own initiative and are responsible for compliance with
local laws. These Terms will be governed by and construed in
accordance with the laws of New Zealand. You irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts
of New Zealand. If any provision of these Terms is found to be
invalid or unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of these Terms which
will continue in full force and effect.
11 MOBILE CONTENT
11.1 Mobile Content is provided by Warner
11.2 'Mobile Content' means the pictures, videos, texts, skins or
sounds available for purchase by the customer.
11.3 'Purchase' means the payment of fees for the delivery to Your
mobile phone of Mobile Content in accordance with these
Terms.
11.4 By using the Service, You signify Your agreement to any terms
& conditions You are advised of when utilising the Service and
all terms, conditions, and notices contained or referenced herein
including general terms and Privacy Policy (together, the
'Terms').
11.5 Warner reserves the right, at Our discretion, to update or
revise the Terms at any time without notice to You. Please check
the Terms periodically for changes at this web page. Your continued
use of the Service following the posting of any changes to the
Terms constitutes acceptance of those changes.
11.6 You acknowledge that any message material obtained from the
Service is done at Your own risk and that We are not endorsing or
associating with any particular person or event that may be
featured within the Service.
11.7 You further acknowledge that You are only entitled to use the
Service for lawful purposes, for Your own personal, private use and
will not use the Service in breach of Our or any third parties
intellectual property rights in the Service.
11.8 The Mobile Content may only be used by You for personal,
non-commercial use and not otherwise for copying, republication,
re-distribution, re-dissemination, re-communication, publication or
any other commercial exploitation in any form or by any method
whatsoever by You or other persons.
11.9 The Mobile Content will not be used by you in a manner and
context that damages the reputation and goodwill of
Warner.
11.10 You will observe all reasonable instructions from Warner
regarding any usage restrictions of or corrections to items in the
Content.
11.11 You acknowledge that standard telecommunication data charges
may apply for the delivery of Mobile Content
11.12 Warner will not be liable for any costs incurred or for any
reimbursement as a result of unauthorized subscription to the
Service by someone else using your mobile phone.
11.13 Warner will endeavour to provide current, accurate
information but makes no warranty regarding the timely delivery,
currency or accuracy of any information provided to you as part of
the Service nor that the Service will meet your
requirements.
11.14 Warner warrants the Service will be rendered with due care
and skill and that all necessary licenses for Mobile Content have
been obtained.
11.15 Due to the nature of telecommunications systems We are
unable to guarantee the Services will always be fault or virus
free. You acknowledge that the Service may, from time to time, be
adversely affected by events outside Our control. We will make all
reasonable endeavours to ensure the uninterrupted and timely supply
of the Service and will take all reasonable steps at Our expense to
correct any error, omission or mistake, but will not be liable for
any error, delay, or failure in transmission of the Service that
could be reasonably considered beyond Our control.
11.16 The terms that apply to the Service are those that are
expressly set out in these Terms and those implied by consumer
protection laws to the supply of the Service that are unable to be
excluded. No other terms apply.
11.17 All information, text, material, graphics, software and
advertisements on the Network is protected by New Zealand and
international copyright and trademark laws. Content on the Network
is published in real-time, and you must not modify, copy,
reproduce, republish, frame, upload to a third party, post,
transmit or distribute this Content in any way except as expressly
provided for on the Network or expressly authorised in writing by
Warner or its Affiliates.
11.18 The Service is subject to the limitations of the enabling
technology on which it is reliant and may be adversely affected by
network performance and other operational factors beyond Our
control including, but not limited to, congestion, network
coverage, dropped connections, the performance of Your mobile phone
and the maintenance of secure network connections. We can accept no
responsibility for losses caused by any of these factors or any
factors which could be reasonably considered outside Our
control.
11.19 We will not be liable to You in any way for failures,
defects or delays in the delivery of the Service which are caused
by one or more of the following reasons:
(a) You have provided an incorrect phone number or other
incorrect information before ordering a Service;
(b) Your mobile phone does not support the Service;
(c) Your message mail box is full and has no additional
memory to receive the download;
(d) Your phone is out of range or for some other reason
cannot be contacted;
(e) You accidentally erase a Service provided to
You.
11.20 Where any statute implies any term into your use of or any
arrangement arising out of the Services and that statute prohibits
exclusion of that term, then that term is included. If and to the
extent permitted by the statute, however, the liability of Warner
and its employees, agents and contractors for any breach of such
term is limited, at Warner's option, to the resupply of Services or
the repayment of any fee or part of the fees paid by You for the
Services.
11.21 All products, services and prices offered are subject to
change without notice. You should check the price of a product
before placing your order.
11.22 If We believe there has been a breach of the Terms We
reserve the right immediately and without notice to withdraw or bar
the Service.
11.23 You agree that where Your personal information supplied when
making an order for the Service may be used by Us in accordance
with and for the purposes set out in our Privacy Policy. Personal
information will only be collected where it is necessary in order
for Warner to carry out one or more of Our functions or
activities.
11.24 We reserve the right to disclose information about You to
applicable regulatory or government bodies where We are required by
law to disclose this information.
11.25 We reserve the right to cancel, modify or supersede the
Service if, in Our sole discretion, the Service is not capable of
being conducted as specified in the Terms.
11.26 If You do not agree to these Terms You must not use the
Service.
12 GENERAL
12.1 If any of the Terms are invalid or unenforceable, it will be
struck out and the remaining terms will remain in
force.
12.2 If We do not act in relation to a breach by You of the Terms,
this does not waive Our right to act with respect to subsequent or
similar breaches.
12.3 You may not assign or transfer Your rights or benefits under
the Terms to any other person or entity without Our prior
consent.
12.4 You are responsible for ensuring that any contact details
provided by You are up to date. You must notify Warner as soon as
possible of any changes to your contact details.
12.5 The Terms are effective until terminated by Warner, and
Warner may terminate this agreement and your access to the Network
or site at any time without notice. In the event of termination,
you are no longer authorised to access the Network, but all
restrictions imposed on you, licenses granted by you and all Warner
Music disclaimers and limitations of liability set out in the Terms
will survive.
12.6 Warner may assign any or all of its rights under these Terms
to any other party at its sole discretion.
GUIDELINES FOR WARNER LICENSING PUBLIC PERFORMANCE AND
COMMUNICATION RIGHTS IN WARNER SOUND RECORDINGS AND MUSIC VIDEOS
("GUIDELINES") GUIDELINES LAST UPDATED AND CURRENT AS AT 1 APRIL
2008
Warner has one of the finest collections of master recordings in
the world, from Muse to Led Zeppelin, and from New Order to Michael
Buble. It has an enviable roster of local talent and copyrights
too, including ARIA award winning artist Eskimo Joe, rock
sensations Gyroscope and the timeless music of Katie
Noonan.
The information contained in these Guidelines is designed to
outline the circumstances in which Warner would consider entering
into direct licences. In order for Warner to be able to provide the
most efficient service, for public performance, broadcast and
communication licensing, please see the Guidelines and important
information below. Please note that the information contained in
these Guidelines may change from time to
time. WHAT TYPE OF LICENSES DO THESE GUIDELINES
COVER?
The Guidelines cover the grant of Public Performance Rights and
certain (but not all) Communication Rights in sound recordings and
videos owned or controlled by Warner to third parties by Warner
("Licence(s)").
Such Licences granted by Warner are non-exclusive. i.e. Warner is
entitled to grant the same rights in its sound recordings and music
videos to other third parties.
A Public Performance Right means the right to play sound
recordings and music videos in public;and
A Communication Right means the right to communicate (as that term
is defined in the Copyright Act 1994) to the public sound
recordings and music videos including the right to broadcast sound
recordings and music videos.
These Guidelines do not cover all licences that grant a
Communication Right. Please see below for further explanation and
more details of the types of licences covered by these Guidelines
which require a Communication Right. Rights and
Licences
Warner will grant Public Performance Rights or Communication
Rights in Warner sound recordings and music videos directly to
third parties for the following purposes:
(a) Public Performance - This Licence will grant the user the
right to cause a sound recording to be heard or a music video to be
heard and viewed in public. The type of Licence covers sound
recordings and music videos played in public venues such as cricket
grounds, sports arenas, nightclubs or hotels, and sound recordings
played as background music in retail stores, restaurants and cafes
and includes
Music on Hold - Communicating a sound recording to telephone
callers on hold by any means (whether analogue or digital and
whether now known or developed in the future) from a device, system
or service used in connection with any telecommunications device,
system, service or network. Warner does not usually grant these
licences due to the fact that it is generally not commercially
viable for it to negotiate, administer and report on these
licences. However Warner will grant Music On Hold licences in
certain circumstances. Please contact our Business Affairs
department for further information.
(b) Communication Right - This Licence will grant the user the
right to communicate a sound recording and/or a music video to the
public by means of a communication work (as that term is defined
from time to time in the Copyright Act 1994). This would include
licences in both sound recordings and music videos for radio and/or
television broadcast, webcasting and simulcasting.
(c) Incidental Copying - This Licence will be in addition to the
particular Communication Right or Public Performance right granted
in order for the user to make copies of sound recordings and music
videos for the purpose of exercising the relevant Communication or
Public Performance Right in circumstances where section 85 of the
Copyright Act 1994 does not apply (see below for details). For
example, Warner would grant a right to copy sound recordings for
the purpose of digital jukeboxes where the primary licence is the
right to publicly perform sound recordings in bars.
Section 85 of the Copyright Act 1994 allows a person to make a
reproduction of a sound recording for the purpose of communicationg
the sound recording provided that a copy of the recording is
destroyed within 6 months of the copy first being made. This
section does not apply if the person who makes the reproduction is
not the same person as the person authorised to comminicate the
sound recording. Therefore the user may require Warner to
grant an ancillary reproduction right if the maker of the
reproduction is not the authorised person or where the user wishes
to retain copy of a sound recording after the expiry of the 6 month
period.
(d) Retransmission Remuneration - This Licence is the right to
collect on behalf of another person, equitable remuneration to
which that person becomes entitled as a result of the
retransmission of a free-to-air broadcast which includes a sound
recording owned or controlled by that person.
(e) Simulcasting - Communicating a sound recording and/or music
video to the public (but only as part of the simultaneous
transmission of a broadcast) over the internet, a mobile
telecommunications network or any other communications network now
known or developed in the future, in circumstances where the
content of the broadcast is unaltered.
(f) Webcasting - Communicatiing a sound recording and/or music
video to the public by means of a non-interactive, pre-programmed
service which has the following characteristics:
The communication from the servers of the service provider occurs
over the internet;
multiple simultaneous users of the service can hear the sound
recording on their playback devices at or near the same time that
the communication of the sound recording is initiated by or on
behalf of the operator of the service;
no user is able to choose which sound recordings they hear or the
times at which they hear them, or is otherwise able to control the
nature and timing of the content delivered to them (i.e. there is
no on-demand element); and
there is no copy of the sound recording, or any other form of
fixed file or data from which the user can subsequently replay the
sound recording, which is created on the user's playback
device.
As a reminder, if you wish to exercise any Communication Rights
other than as set out in (b) to (f) above, please contact our
Business Development department.
OTHER LICENCES
These Guidelines do not seek to cover Warner's licensing policy in
respect of all other types of licences not expressly referenced,
including but not limited to:
Synchronisation licensing (other than the Incidental Copying right
necessary for communication to the public of Warner Recordings and
as further described below) or compilation licensing. For these
type of licences please contact our licensing department via email
WMNZ_licensing@warnermusic.com, via fax (09) 361 4849 or via
phone(09) 361 4848 and also see Warner's Synchronisation Licensing
Policy ; and Licences that grant Communication Rights in Warner's
recordings which require on-demand rights for such licence (e.g.
digital downloads, on-demand streaming to mobile or on-line and
podcasting). For those licences, please contact our Business
Development Department via
emailWMNZ_businessdevelopment@warnermusic.com, via fax (09)
361 4849 or via phone (09) 361 4848.
SOUND RECORDINGS AND MUSIC VIDEOS
Warner grants blanket licences in all its sound recordings and
music videos from all its labels, including the following
non-exhaustive list of labels:
Warner Bros.Warner Bros. UKMaverickAtlanticAtlantic UKRhino
US Rhino UKElektraFueled By RamenLondon RecordsEast
WestMushroom RecordsFestival RecordsMilan RecordsWarner
ClassicsSire
You should be aware that some sound recordings in New Zealand are
unprotected which means that a user does not require any licence
from Warner to be able to publicly perform or broadcast such sound
recordings ("Non-Protected Recordings"). Determining whether a
sound recording is a protected recording (and consequently requires
a licence) ("Protected Recording") or an Unprotected Recording is a
complex process.
In determining whether a sound recording is protected or
unprotected, you need to consider the country where the recording
was made, the nationality and residence of everyone performing on
the recording (including session musicians), the country where the
recording was first released, the date and place of first release
and the age of the recording. As a general statement recordings
made in Australia, New Zealand, the UK, Europe and Canada are
usually Protected Recordings and a Licence will be required.
Recordings made in the US may also require a Licence depending on
the details of the Recording. Please note all music videos are
protected.
Warner recommends you obtain your own legal advice if you intend
only to exercise rights in Unprotected Recordings.
WHO WE LICENCE
Warner will consider granting Licences to any third parties
subject to agreement on fees and negotiated terms.
ALTERNATIVE LICENCE AVAILABLE VIA THE PPNZ
An alternative to obtaining Licences directly fromWarner, is to
obtain a licence for Warner sound recordings and music videos from
the PPNZ (to which Warner has granted non exclusive rights in its
sound recordings and music videos). PPNZ is able to grant blanket
licences not only in respect of Warner recordings and music videos,
but also may grant rights in sound recordings and music videos
owned by other copyright owners. To find out more about licensing
from the PPNZ, please go to www.ppnz.co.nz. Whether you licence
Warner sound recordings and music videos from Warner or PPNZ is at
your discretion.
FEES AND STANDARD TERMS
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; andthe rights that the user
requires.
The fee/royalty applicable may also vary depending on the rights
the user 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 user agrees
to undertake in respect of the Warner 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.
Warner does have some standard terms that are typically included
in the types of Licences referred to in these
Guidelines:
Advances: Warner usually requires an advance payment and/or
minimum guarantee, and in any event, in all cases when Warner has
not had a prior contractual arrangement with the user.
Term: Warner initially grants one (1) year licences.
Content Preparation and Delivery Fee: Where the user requires
Warner to deliver it the content (rather than sourcing the content
yourself), Warner typically charges a content preparation and
delivery fee.
Reporting: Warner requires quarterly reporting for all Licences
other than Licenses where a one-off flat fee is charged. Warner
also requires users to maintain and provide play logs. Webcasting
Licences have further reporting requirements and are subject to
international approval.
Territory: Warner grants Licences for the territory ofNew Zealand.
If you would like to get a licence for Australia as well, or other
countries in addition toNew Zealand, this will be subject to a
separate licence. Warner can put you in touch with the appropriate
people in other territories if required.
TIMING
Please note due to the number of licensing requests that come
through the Business Affairs and Business Development departments,
your request may take some time to process. Generally, Warner
endeavours to negotiate and sign an agreement within 6 months of
the initial request. However, some agreements may take longer and
Warner may assess licensing requests in any order at its
discretion.
WHO TO CONTACT
For all Public Performance and Communication Licences (other then
webcasting Licences), please contact our Business Affairs
Department by letter, email or fax
Address: PO Box 2915, Shortland Street,
AucklandEmail: WMNZ_businessaffairs@warnermusic.com
Fax: (09) 361 4849
For Licences to webcast, please contact our Business Development
Department
Address: PO Box 2915, Shortland Street,
AucklandEmail:
WMNZ_businessdevelopment@warnermusic.com
Fax: (09) 361 4849
BASIC INFORMATION REQUIRED
When contacting Warner's Business Affairs department and/or
Warner's Business Development department, please provide the
following information relating to your business in order for us to
assess your request: 1. Name of Corporation/ sole
trader/Licensee. 2. Address. 3. Description of the type
of service you are undertaking including customer proposition (i.e.
a description of who the user expects their customer to be and a
description of the end user/customer interface) and marketing
activities (including marketing positioning and your sales
message). 4. Projected Gross Turnover for the following 2
years and an estimated size of your audience. 5. Whether you
require content (sound recordings and music videos) to be delivered
to you or whether you will be sourcing content yourself. 6.
Your Proposed Commercial Terms.