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CLUBS, DISCOS AND KARAOKE

Jamaica Music Society

Applicable Tariffs

CLUBS, DISCOS AND KARAOKE

(Tariff DI)
Effective from 1 January 2012

  1. SCOPE OF TARIFF
    1. This tariff applies to performances of music (including karaoke performances) by recorded means in nightclubs, clubs, discotheques, karaoke bars or other establishments operating in a comparable manner including coastal vessels, for performance by the proprietors of the premises.
    2. This tariff applies to the related rights in sound recordings of producers of phonograms.
  2. GENERAL CONDITIONS AND DEFINITIONS
    1. This TARIFF applies to performances of music covered by a licence from JAMMS. JAMMS is not bound to offer a licence under this tariff in respect of any performances for which application was not made in advance.
    2. A discount of the tariff may apply to (i) new licences obtained before the performances commenced; or (ii) licences due for renewal obtained before the prescribed renewal date. This discount does not apply to any minimum royalties.
    3. The royalty payable under this tariff is calculated by reference to the “Gross Revenue” or to Persons’ Capacity and the manner of performance of music.
    4. For the purposes of this tariff the following definitions shall apply:-
      1. “Actual/Expected Attendance” means the maximum number of persons which could under normal circumstances, attends or is expected to attend the event.
      2. “JAMMS” means the Jamaica Music Society.
      3. “Persons’ Capacity” shall mean the maximum number of persons which could normally be accommodated in the room where the performances take place.
      4. “Background music” means music performed by mechanical means such as a record, compact disc, tape player (audio or video), radio or television, or any other mechanical/electronic device for playing musical works; operated on the premises or relayed through a loud-speaker(s) from another part of the premises or a source outside the premises.
      5. “Specially Featured Entertainment” means music performed by:
        • A compact disc, tape or record player, or
        • audio visual equipment or video player
        • or any electro-mechanical or digital device.
      6. “Karaoke performances” means those performances given by unpaid singers in conjunction with specially produced recorded music, with or without the provision of video-presented synchronised lyrics.
      7. “Visual music performance” means performances (whether by means of the soundtrack or otherwise) during film or video shows in a room or place being used for the purpose of video or cinema exhibition.
    5. JAMMS reserves the right to make such variations in this tariff as it considers appropriate where licensing premises or performances which, in its opinion, do not fall within the scope of this tariff.
    6. Every Licensee under JAMMS’ tariffs will pay to JAMMS in addition to the royalty due, a sum in respect of Value Added Tax calculated at the relevant rate on the royalty payable.
  3. ROYALTY RATES – SPECIALLY FEATURED ENTERTAINMNET
    1. Schedule # 1 – Licence Fee
      Number of Days Opened Per Week
      1 – 3 days/156 p/a 1 – 4 days/208 p/a 1 – 5 days/260 p/a 1- 6 days/ 312 p/a 1 – 7 days/ 365 p/a
      Attendance Rate P/N Fee P/A Rate P/N Fee P/A Rate P/N Fee P/A Rate P/N Fee P/A Rate P/N Fee P/A
      0 – 150 500 78000 550 114400 600 156000 650 202800 700 255500
      c 600 93600 650 135200 700 182000 750 234000 800 292000
      251 – 350 750 117000 800 166400 850 221000 900 202800 950 346750
      351 – 450 850 132600 900 187200 950 247000 1000 3120000 1050 383250
      451 and over 1000 156000 1050 218400 1100 286000 1150 358800 1200 438000
    2. For performances of Background music the annual royalty per room for performances provided by radio, television, compact disc or by any mechanical/electronic device whether designed for a single function or multiple functions is:
      • Where the customer capacity of the room does not exceed 250, a flat fee of J$7, 200
      • Customer capacity not exceeding 500, a flat fee of J$11,700
      • Customer capacity not exceeding 750, a flat fee of J$16, 200
      • Customer capacity exceeding 1000, a flat fee of J$23,400
        GCT exclusive
    3. For occasional or regular Karaoke Performances
      • Where the customer capacity of the room does not exceed 250, a flat fee of J$7, 200
      • Customer capacity not exceeding 500, a flat fee of J$11,700
      • Customer capacity not exceeding 750, a flat fee of J$16, 200
      • Customer capacity exceeding 1000, a flat fee of J$23,400
        GCT exclusive
    4. All the above must be certified by an auditor or accountant or in a manner acceptable to JAMMS.
  4. ROYALTY ADJUSTMENTJAMMS reserves the right, upon one months’ notice to Licensees under this tariff, to adjust the license fees payable under this tariff on the 1st January each year, and on each succeeding anniversary by the percentage (to the nearest whole percentage point) by which the Consumer Price Index published by Statistical Institute of Jamaica changed for the preceding year.
    Schedule # 1 – Licence Fee
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