HOTELS & GUEST HOUSES – BACKGROUND MUSIC USE

(Tariff HG)

Effective from 1 January 2017 (Last Revised)

1. SCOPE OF TARIFF
   1. This tariff applies to performances of background music in the bedrooms, corridors, foyers, elevators, premises, lobbies and halls of hotels, residential hotels, guesthouses, motels and similar 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 10% 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 royalties payable under this tariff are calculated by reference to the number of mechanical /electronic devices available in each room or area
   4. For the purposes of this tariff the following definitions shall apply:-
      1. “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.
         “JAMMS” means the Jamaica Music Society .
      2. 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.
   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. GENERAL (Updated tariff to be inserted)
      1. License Fee for Background Music

         It is agreed that the following rate structure would be applied for the period January 1, 2017 – December 31, 2019. This rate applies to all member hotels of the JHTA:

         	2017	2018	2019
         < 20 rooms (minimum fee)	$10,000.00	10,500.00	11,025.00
         21 – 50 rooms ^	$350 p/r/a^	$350 p/r/a ^	$350 p/r/a ^
         51 – 100 rooms	$400 p/r/a	$400 p/r/a	$400 p/r/a
         101 – 300 rooms	$500 p/r/a	$500 p/r/a	$500 p/r/a
         > 300 rooms	$581 p/r/a	$581 p/r/a	$581 p/r/a

         ^ – Subject to the applicable minimum fee for the given year. p/r/a – per room per annum
         

         Disco Fee

         The disco fee is to be reinstated at the following rates for the 2017 – 2019 period:

         	EUROPEAN PLAN PROPERTIES	ALL-INCLUSIVE PROPERTIES
         < 20 rooms (minimum fee)	No Disco Fee	No Disco Fee
         21 – 50 rooms ^	US$500	US$650
         51 – 100 rooms	US$650	US$1000
         101 – 300 rooms	US$1000	US$1200
         > 300 rooms	US$1000	US$1200

         GCT not included

          

   7. Concerts and events or similar shows held on the hotel property will pay as per Tariff CE.
   8. All the above must be certified by an auditor or accountant or in a manner acceptable to JAMMS.
3. ROYALTY RATES
   1. All the above must be certified by an auditor or accountant or in a manner acceptable to JAMMS.
   2. ROYALTY ADJUSTMENT
      JAMMS 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.