Latest News

Back to Latest News back

 

APRA and Fitness Australia reach agreement on licence scheme for fitness classes

APRA and Fitness Australia reach agreement on licence scheme for fitness classes
June 7, 2011

Fitness Australia has reported that it has reached an agreement with the Australasian Performing Right Association (APRA) on the terms of a new Licence Scheme for the use of music in group fitness classes.

The new Licence Scheme will be effective from 1st July 2011 and includes the following terms:

1. The scheme will apply to all fitness classes, defined as:

A structured form of exercise conducted in a class environment in or by a Fitness Centre or other organization conducting fitness classes on a commercial basis as a business or by a freelance fitness instructor, which is (a) directed (whether by a fitness instructor, video instruction or otherwise) and (b) included in a published time-table or advance notification to potential participants, and includes, without limitation, the following types of classes:- aerobics, circuit, dance, cycle/spin, strength/resistance, hybrid, boxing/combat, flexibility/stretching/abdominal, including yoga and pilates, specialty, aqua and age/lifestyle

2. Licensees will have the option of electing - exercisable at the commencement of each licence year, to apply for the duration of that licence year - to pay at a single rate applicable to all classes or at the two-tiered rate set out below.

3. The single rate (GST inclusive) will be as follows:

a. Year 1 - $1.50 per class
b. Year 2 - $2.00 per class
c. Year 3 - $2.50 per class
d. Year 4 - $2.50 plus CPI per class
e. Year 5 - Year 4 rate plus CPI

4. 'Two Tiered' Rate (GST inclusive) will be as follows:

a. Year 1 - $0.90c per class with 10 or fewer participants, and $2.10 per class with more than 10 participants;
b. Year 2 - $1.20 per class with 10 or fewer participants, and $2.80 per class with more than 10 participants;
c. Year 3 - $1.50 per class with 10 or fewer participants, and $3.50 per class with more than 10 participants;
d. Year 4 - Year 3 rates plus CPI;
e. Year 5 - Year 4 rates plus CPI.

5. Commencement Date: 1st July 2011. However, many licensees will enter into agreements under the new scheme as and when their existing licences fall due after 1st July 2011.

6. Term: Fiveyears, thereafter upon three months' notice by either party.

7. Payment Terms: On a quarterly basis (in advance) for licensees paying fees above a reasonable threshold, which is agreed at $1,000 per annum.

APRA has been closely following the longstanding dispute between Phonographic Performance Company of Australia (PPCA) case, and waiting on an outcome, prior to entering into discussions with the fitness industry about the copyright licence fee for music used in group fitness classes that is applicable to them as the collecting society for the copyright in the musical work (composition and lyrics).

Prior to the Federal Court appeal in the PPCA case, APRA agreed to hold the current licence fee for fitness classes in place until March 2011. They also signalled their intention to then commence negotiations with Fitness Australia on a revision of this licence scheme for the fitness industry.

The Fitness Australia Board of Directors resolved to enter into these negotiations for the following reasons:

1. To obtain certainty around the APRA licence fee for the industry;
2. To arrive at commercially viable five year agreement on the licence fee and to avoid the matter being dealt with in the Copyright Tribunal, and
3. To arrive at an agreed rate with APRA prior to the PPCA matter being referred back to the Copyright Tribunal.

The negotiations have been conducted in a very professional and constructive manner by both parties and we believe that this Agreement is fair, reasonable and affordable for the fitness industry.

For more information on the new APRA Licence Scheme, contact APRA on 1300 852 388 or visit www.apra.com.au

Image courtesy of Zumba.

13th May 2011 - HIGH COURT DISMISSES PPCA APPEAL ON MUSIC IN FITNESS

27th January 2011 - PPCA TO APPEAL AUSTRALIAN MUSIC LICENSING DECISION

18th June 2010 - FITNESS AUSTRALIA TO APPEAL COPYRIGHT TRIBUNAL DECISION

19th May 2010 - FITNESS FIRST ISSUES COPYRIGHT FREE MUSIC CHALLENGE

16th March 2009 - FITNESS MUSIC BATTLE HEADS TO COURT


Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

Click here to subscribe.

 

supplier directory

The Complete Guide to Leisure Industry Products & Services.

See the directory see all

Fitness On Demand

Fitness On Demand™ is a market-leading developer of virtual group fitness products. Our innovative video delivery systems offer robust content and a simple-to-use, comprehensive web app. Fitness…

read more

Fitness / Technology / Wellness

 
 

LEISURE CONCEPTS AUSTRALIA

Leisure Concepts brings the world’s best fitness equipment brands to Australasia including Eleiko, Atlantis Strength and Merrithew Pilates. With a huge variety of  treadmills,…

read more

Fitness / Recreation / Technology / Wellness

 
 

Supreme Heating

Supreme Heating is a proud Australian owned company specialising in the latest energy efficient heating solutions. Since 1990, Supreme Heating has designed and installed commercial pool heating…

read more

Aquatics / Environment / Recreation

 
 

SLE WORLDWIDE AUSTRALIA PTY LTD

SLE Worldwide Australia is a Managing General Underwriter specialising in insuring risks in the world of Sports, Leisure and Entertainment. Be it relaxing, playing, organising or watching sports,…

read more

Insurance / Venues

 
 

AAC ID SOLUTIONS

AAC ID Solutions is a leading supplier of identification access wristbands, barcoded wristband tickets, lanyards, membership products and RFID solutions for events and venues, working with thousands…

read more

Access / Marketing / Safety / Ticketing

 
 

Clubware

Clubware’s online gym software is not your run of the mill management system. It has been carefully designed to incorporate all the elements that a fitness club would need. How did we do that?…

read more

Access / Billing / Fitness / Recreation

 
 

Neptune Benson

Neptune Benson is a manufacturer of high quality water filtration and disinfection products for the recreational, industrial, and municipal water markets. With more than 20,000 installations…

read more

Aquatics / Design / Recreation

 
 

Centaman Entrance Control

Turnstile Entry Systems and Access Control Centaman Entrance Controls’ Award Winning Range of Access Control Systems includes tripod & triarm turnstiles, speedgates, full height…

read more

Access / Entertainment / Sport / Ticketing / Venues

 
 
 
 

get listed with our suppliers directory

Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!

list your business