1 YOUR USE OF THIS SITE
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.
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.
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.
11.5 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.
11.24 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.
12.1 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.
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.
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, Auckland
Fax: (09) 361 4849
For Licences to webcast, please contact our Business Development Department
Address: PO Box 2915, Shortland Street, Auckland
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.