OFFICES, BANKS & INDUSTRIAL PREMISES

(Tariff OB)

Effective from 1 January 2023 (Last Revised)

1. SCOPE OF TARIFF
   1. This tariff applies to background performances of music in offices, banks and other similar premises.
   2. Excluded from this tariff are background performances of music in waiting rooms in doctors’ and dentists’ offices, hairdressing salons and barber shops. To such premises the appropriate tariff – usually “WA” should be applied.
   3. 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 royalty payable under this tariff is calculated by reference to “Shop Space” in which the music is rendered audible;
   4. For the purposes of this tariff the following definitions shall apply:-
      1. “Background Music” means music when performed by mechanical means such as a record, compact disc, tape player (audio or video) otherwise than for featured performances or music performed by a radio or television set operated on the premises or relayed through a loud-speaker(s) from another part of the premises or a source outside the premises.
      2. “Shop Space” means the floor area measured from wall to wall of the whole or part of the premises to which the public are admitted and in which the music is audible.
      3. “JAMMS” means the Jamaica Music Society .
   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.
3. ROYALTY RATES
   1. BACKGROUND MUSIC via CD player, Tape Recorder, Radio, TV, etc see 2.4.1

      Royalties will be calculated by reference to floor space (square footage) as follows:

      Floor Space	Royalty $
      up to 500 square feet	8,437.50
      501 to 1,000 square feet	11,250.00
      1001 to 2000 square feet	17,578.13
      2001 to 3000 square feet	23,674.50
      3001 to 4000 square feet	29,399.28
      4001 to 5000 square feet	38,250.00
      5001 to 6000 square feet	43,737.75
      6001 to 7000 square feet	48,723.75
      7001 to 8000 square feet	53,257.50
      8001 to 9000 square feet	57,377.25
      9001 to 10,000 square feet	61,123.50
      10,000 to 12,500 square feet	64,530.00
      For each additional 1,000 square feet or part thereof (after 12,500 square feet) add	781.25

   2. PAVEMENT OR FORECOURT

      Where a speaker is situated so that the performances are audible outside of the premises the area of the premises is deemed to have increased by 1,000 sq. ft.

   3. SPECIAL OCCASIONS/PROMOTIONS

      For performances at adhoc events such as Christmas shows, Easter Parades, promotions of products or services and similar attractions including Specially Featured Entertainment for a short period by a Disc Jockey the daily royalty is $4,291.85 GCT not included

   4. Subject to the following minimum annual royalty, for background music use as in 3.1: $8,437.50 GCT not included
   5. All the above must be certified by an auditor or accountant or in a manner acceptable to JAMMS.
4. 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.