Specific Opt Outs for international digital services
Offer of variation to your membership agreement with AMCOS
As a result of changes in the way some members want to negotiate licences for their digital rights, we are offering increased flexibility to all members in the way they are able to withdraw rights from AMCOS for digital services.
Currently, your membership agreement permits you to withdraw rights from AMCOS for certain categories of use (for example, digital downloads or non-Broadcast communications), for all services in the relevant category.
For digital services that operate internationally, it is proposed that members be permitted to withdraw their rights in relation to nominated services. That is, you will be able to notify AMCOS that you wish to negotiate directly with particular international digital services, provided you give us prior notice.
If you are interested in exploring this option further and would like a list of the relevant services currently operating in our region, please contact our Publisher Relations team.
Please note that as with AMCOS’ existing Opt Out provisions, members must comply with such reasonable preconditions, including as to the payment of any costs, prescribed by the Board from time to time for specific digital service Opt Outs.
Essentially, the terms of the variation to your membership agreement are as follows:
- for digital services that are already operating in Australia and New Zealand under an AMCOS licence, you must give us at least three months’ notice of the Opt Out, effective at the end of a Quarter;
- for new digital services that AMCOS has not yet licensed in Australia and New Zealand, you need only provide us with 14 days’ notice of the Opt Out;
- you must identify the digital service correctly;
- the digital service must be operating or intending to operate in at least Australia and New Zealand and one other country outside the AMCOS Territory;
- you must withdraw your reproduction rights in all of your Works or all of your Production Music Works (unless you are a Category B Member in which case you may withdraw nominated catalogues of Works or Production Music), for the whole AMCOS Territory for the nominated services, regardless of where the service actually operates;
- if you decide to cease licensing a digital service directly and wish to put your rights back under AMCOS’ blanket licence of the relevant service, you must give AMCOS at least three months’ notice, effective at the end of a Quarter (which notice period may be shortened by the Board at its discretion).
Otherwise, the terms of your membership agreement will continue to apply.
We believe that these amendments will give our members flexibility to deal with particular multi-territorial digital services, while maintaining the certainty that we require for licensing the majority of your rights. Of course, if you wish to keep things as they are and have AMCOS continue to license your rights for all digital services, you do not need to do anything.
If you do want to negotiate directly with particular multi-territorial digital services, please contact our Publisher Relations team.