(Tariff SS)
Effective from 1 January 2023 (Last Revised)
- SCOPE OF TARIFF
- This tariff applies to background performances of music in shops, stores, shopping complexes, kiosks, showrooms, and other similar premises.
- Excluded from this tariff are background performances of music in restaurants, cafes, lounges included in or attached to shops and stores. To such premises the appropriate tariff “RB” should be applied.
- This tariff applies to the related rights in sound recordings of producers of phonograms.
- GENERAL CONDITIONS AND DEFINITIONS
- 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.
- A 10% discount of the tariff may apply to (i) new licences obtained before the performances commenced; or (ii) single event licences due for renewal obtained before the prescribed renewal date. This discount does not apply to any minimum royalties.
- The royalty payable under this tariff is calculated by reference to:
- “Shop Space” in which the music is rendered audible;
- Performances of Pavement or Forecourt music.
- For the purposes of this tariff the following definitions shall apply:-
- 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.
- “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.
- “JAMMS” means the Jamaica Music Society
- “pavement or forecourt music” means music performed by means of a loudspeaker or other apparatus installed outside the individual shop but controlled from within.
- 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.
- 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.
- ROYALTY RATES/LICENCE FEES
- BACKGROUND MUSIC
Royalties will be calculated by reference to shop space as follows:Shop Space Licence fee $ up to 500 square feet 6,750.00 501 to 1,000 square feet 9,000.00 1001 to 2000 square feet 14,062.50 2001 to 3000 square feet 18,939.60 3001 to 4000 square feet 23,519.42 4001 to 5000 square feet 30,600.00 5001 to 6000 square feet 34,990.20 6001 to 7000 square feet 38,979.00 7001 to 8000 square feet 42,606.00 8001 to 9000 square feet 45,901.80 9001 to 10,000 square feet 48,898.80 10,000 to 12,500 square feet 51,624.00 For each additional 1,000 square feet or part thereof (after 12,500 square feet) add 625.00
GCT not included
- Where the sole means of performance on the licensed premises is a single portable transistor radio, or a single television receiver then the annual royalty 3.2.1 3.3 is reduced to ……………. $6,750 GCT not included
- 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. - 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 – See tariff NLE/CE - Subject to the following minimum annual royalty: $6,750 GCT not included
- All the above must be certified by an auditor or accountant or in a manner acceptable to JAMMS.
- BACKGROUND MUSIC
- ROYALTY ADJUSTMENT JAMMS reserves the right, upon one months’ notice to Licensees under this tariff, to adjust the royalties payable under this tariff on the 1st May 2007 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 changes for May 2007 (and subsequently for May of the following years), when compared with the figure for May in the previous year.