Licence application music in companies

Take care of your music use Want to use music in your company, association or public service² in rooms where only the staff³ comes? Or hold music on the phone? Or background music on your website? Then you have to:

• apply for a Unisono licence • pay a fee

This applies, among other things, to the use of music: • in the workplace • in the dining rooms • at staff parties

Apply for your licence Please fill in your application correctly: • Use capital letters. • Write in the boxes.

Please send the completed and signed application to: [email protected] Need an extra form? Download it on https://www.unisono.be/en/licences/music-companies Want to submit a group application for your subsidiaries and/or sister companies? Then please request the ‘group registration’ form via [email protected].

A. Information about your company, association or public service

Name: ......

Juridische vorm: ❒ SA ❒ SPRL ❒ One-man business ❒ ASBL ❒ Public service ❒ Other: ...... Invoicing details: Street: ...... No. P.O. box: Postal code: Municipality: ...... VAT No.: ...... Company No.: ...... E-mail electronic invoicing ...... ❒ I want to receive my invoice by post: Desired payment method: ❒ Yearly ❒ Quarterly ❒ Half-yearly

Postal address: (if different from invoicing address) Street: ...... No. P.O. box: Postal code: Municipality: ...... Contact person: ❒ Mr ❒ Mrs First name: ...... Name: ...... Function: ...... Telephone No.: ...... Mobile phone: ...... E-mail:......

1/6 B. Information on the use of music Do you also want to play music in places that are accessible to the public5? Please apply for your licence directly via unisono.be.

1. Music in the workplace ❒ You play music in the workplace: offices, workshops, assembly areas, storage areas, archives or other workplaces.

Number of FTEs6 in your company, association or public service: …......

Which music sources do you use?

❒ National radio station (Radio 1, Qmusic, Klara,…) ❒ Local radio station (Radio FM Gold, Radio Minerva, FM Limburg,…) ❒ CDs ❒ Music computer with music database ❒ TV

You may indicate more than one answer. This does not affect the rates.

2.Music in dining rooms ❒ You play music in one or more dining rooms in your company, association or public service: company restaurant, canteen, coffee room, coffee corner,…

audio (radio, CD, audiovisual Name and address Surface area (m²) computer,...) * (TV and audio,...) * *only 1 choice allowed *only 1 choice allowed

Which music sources do you use? ❒ National radio station (Radio 1, Qmusic, Klara,…) ❒ Local radio station (Radio FM Gold, Radio Minerva, FM Limburg,…) ❒ CDs ❒ Music computer with music database ❒ TV

You may indicate more than one answer.

❒ You want the combination rate because you play music in the workplace and in the dining room(s).

In that case, please fill in the previous two sections in full.

3. Music at company parties ❒ You want an annual rate for your staff party, Christmas party, New Year’s reception, retirement celebration, farewell celebration, department party, publication of annual figures,...

Attention: this rate sometimes does not apply. Please contact Unisono if you: • organise a company party with live music • charge an entrance fee for your company party • organise a company party in your company, association or public service and this is accessible to the public • organise a company party outside your company, association or public service • do not opt for the annual rate

2/6 Number of FTEs in your company, association or public service: …......

Which music sources do you use?

❒ CDs ❒ Music computer with music database ❒ TV

You may indicate more than one answer. This does not affect the rates.

4. Hold music on the phone ❒ You play hold music during incoming calls. For this you need to apply for a licence.

> Number of regular outside lines such as regular area codes, free lines,...: > Number of paid outside lines such as 070, 078, 090x,...:

Does the supplier of your hold music pay royalties for this music? Then you do not need to apply for a licence. Simply enclose the certificate of your supplier.

❒ You play royalty-free recordings. Please enclose the certificate of the supplier of these recordings.

Which music do you play?

❒ You always play one of the following CDs.

Title of the CD Artist or group EAN code

Do you regularly play more than three CDs? Then please add a separate sheet with the title, artist or group and EAN code of those CDs.

❒ You always play one of the following recordings.

Title of the track Artist or group Title of the CD EAN-code

Do you regularly play more than three recordings? Then please add a separate sheet with the title, artist or group and EAN code. This does not affect the rates.

3/6 5. Background music on company websites7 Website : ...... ❒ You play a total of up to 15 minutes of background music on your website.

Strict conditions apply to music on websites. • Background music limited to a duration of 15 minutes • Non-downloadable format • No web radio application • No advertising, promotional or animation clips (flash, video, etc.)

Number of FTEs in your company, association or public service …...... > Do multiple web addresses refer to the same website? If so, please specify them: …

❒ You play royalty-free recordings Please enclose the certificate of the supplier of these recordings.

Which recordings do you play?

Title Artist or group EAN code

Do you regularly play more than three recordings? Then please add a separate sheet with the title, artist or group and EAN code. This does not affect the rates.

6. Special arrangement ❒ You want a special arrangement.

Go to https://www.unisono.be/en/licences/music-companies/special-provisions and download the form. Please fill it out and attach it to your application.

7. You do not use music ❒ You do not play music in your company, association or public service.

8. Existing licences with Sabam ❒ Your company already has one or more licences with Unisono. Please enter your customer number(s) here:

C. Glossary

(1) Do you have a licence? Once you have paid, you may play music in your company, association or public service. (2) A company, association or public service is any legal entity that employs people in one way or another. It is these premises that are affected by this licence. (3) Company premises where only staff comes, are premises to which the public (non-employees) does not have access. This licence applies to those premises. (4) With a group application, a parent company can make all applications for its subsidiaries or sister companies at the same time. You will then receive one invoice listing the royalties calculated per company. (5) Company premises that are accessible to the public are premises to which non-employees also have access. This licence does not apply to those premises. Please contact Unisono for this. (6) FTEs = full time equivalents. This is the number of employees of a company, association or public service, converted into full-time equivalents. You can find this number on the social balance sheet as at 31 December of the year before invoicing (code 105). (7) Background music on a website is non-downloadable music on a website over which the visitor has no influence. You may play music for a maxi- mum of fifteen minutes. However, these 15 minutes of music may be played indefinitely (in a loop). This does not include music in advertising, a film or other audiovisual work. (8) Phonogram: the first recording of sound (master tape or master). For the purposes of this licence, this means the first recording of music and/ or a song.

4/6 General conditions Unisono – music in companies

1. Unisono licence agreement The travel of an agent representing Unisono will be invoiced Unisono is a platform created by Sabam, PlayRight and €75 to the company, association or public service and the SIMIM further to the Royal Decree of 17 May 2019 in order drafting of a report of findings €50. to simplify the collection of the fees for the authors, In the event of a registration less than 5 days before the performers and music producers. Sabam administers this start of the use of music, the amount due for the licence platform. will be increased, at Unisono’s discretion, by 15% or €45 for The purpose of the Unisono licence agreement (hereinafter the first contractual period. referred to as “the licence”) is to give the company, association or public service the necessary authorisation 5. Invoicing of fees and payment for the communication to the public of protected works Unisono fees are invoiced in accordance with the current belonging to Sabam’s national and international repertoire rates and must be paid by the company, association (Article XI.165 of the Code of Economic Law) in his non- or public service within thirty days by transfer into public areas (workplaces, staff restaurants) or during staff Sabam-Unisono’s bank account. parties. It also concerns the fair remuneration due to SIMIM and PlayRight for the use of performances in the context of 6. Indexation this communication to the public (Articles XI.212 and 213 Unisono fees are linked to the index included in the of the Code of Economic Law). SIMIM has also mandated applicable rates. These rates will be indexed annually Sabam to collect royalties for telephone hold music and on 1 January on the basis of the change in the consumer background music on the website (Article XI.209 of the price index over the past year according to the following Code of Economic Law). formula: (basic amount X new index) / basic index. Each variation in the index will be notified by Unisono 2. Licensee’s obligations to the company, association or public service by simple The company, association or public service is required to notification on the invoice. make a duly completed application for a licence at least 5 days before the beginning of the use of music. The licence 7. Publication of the rates and special conditions application also implies acceptance of these general Unisono’s rates and general conditions are available conditions. on the Unisono website (unisono.be) and can also be The company, association or public service is required to obtained on simple request. Any special conditions immediately notify Unisono of any change in his business are included in the relevant rates and take precedence or activity that may have an impact on the conditions over these general conditions, if applicable. for granting the licence. He must also inform Unisono of the identity of any third parties that perform musical 8. Licence’s date of entry into force and duration broadcasts in his spaces. The licence takes effect on the 1st day of the month if the At Unisono’s request, the company, association or public registration of use of music takes place between the 1st service must specify the sound source(s) used for the and the 15th day of that month. If the registration is made musical broadcast and provide a list of the works and between the 16th and 31st day of a month, the licence takes performances. effect on the 1st day of the following month. In both cases, it is valid until 31 December of the year 3. Scope of the licence concerned. It will then be tacitly renewed from year to The licence is valid for all music broadcasting venues year, unless terminated in writing by one of the two parties declared by the company, association or public service. at least one month before the expiry of 31 December of The licence is only granted after payment of the invoice. the year concerned. The licence is not assignable. In the event of definitive cessation of activity during In the case of performances by mechanical or electronic the first six months of the calendar year, the company, devices, the licence is limited to music broadcast by media association or public service may, at his request and that have obtained the necessary authorisations or by subject to written proof from a competent authority of media or files legally manufactured and/or downloaded. such cessation, obtain a refund of 50% of the amount of The moral rights of authors and performers are expressly fees due paid in respect of the calendar year in which the reserved. activity was definitively terminated. In all other cases, there is no refund and fees remain due 4. Increases for lack of prior registration or delay until the end of the calendar year. in the registration In the event of use of protected works and performances 9. Payment by instalments without prior authorisation or according to a registration The company, association or public service may request containing incorrect or incomplete parameters, the that the annual Unisono user licence be invoiced per amount due for the licence will be increased, at Unisono’s quarter or per semester, for a supplement of 14% or 6% discretion, by 15% or €100 for the first contractual period. respectively of the annual amount due.

5/6 10. Changes to the general conditions and/or rates 12. Processing of personal data Unisono undertakes to inform the company, association or The processing of personal data is subject to Unisono’s public service of any changes to the general conditions or privacy policy. Unisono’s privacy policy can be consulted rates at least two months before they come into force. If on the unisono.be website. The personal data provided necessary, the company, association or public service who, by the licensee are included in the Unisono database. having been informed of the changes, cannot accept them, The master of the file is Sabam SC-Soc.civ. with its must notify Unisono in writing at least 15 days before the registered office at 1040 Brussels, rue d’Arlon, 75-77. entry into force. The contract will end on the day on which In accordance with the Belgian law and the General these new conditions should have come into force. Data Protection Regulations (GDPR), the company, In the absence of a written statement sent within the above- association or public service has a right of access and mentioned period, the company, association or public service rectification, as well as the right to consult the public is presumed to accept the new general or pricing conditions. register.

11. Penalties and recovery costs 13. Applicable law and competent courts In the event of non-payment of the invoice on the due Belgian law applies to the Unisono user license. date, a flat-rate fee of €15 per reminder will be charged Disputes relating to it shall be brought before the to the company, association or public service. In addition, courts and tribunals of the district of Brussels or the Unisono may claim damages corresponding to 15% of the domicile/registered office of the company, association invoice amount, with a minimum of €125, if the invoice or public service, at Unisono’s discretion. remains unpaid for more than fifteen days after a second reminder. If Unisono has to incur additional costs to obtain payment of the invoice, they will also be charged to the company, association or public service.

start date music use: ...... truthfully completed in: ...... Name: ...... Function: ...... Signature: ...... Date: ......

By returning the licence application form stating the various uses of the music repertoire it declares to make use of, the company, association or public service accepts the general conditions and the rate provisions set out on this form. I am aware that the deliberate disclosure of incorrect and/or incomplete information is punishable under the Code of Economic Law (Art. XI.293 §1). Under this licence, Unisono (P/A Sabam CV) will be able to verify the information provided on the spot. The information provided via this form is confidential and is protected in accordance with the Law of 8 December 1992 on the protection of privacy and articles XI.281 and XV.113 of the Code of Economic Law.

E. Contact

Detailed information can be found at www.unisono.be/en/licences/music-companies. Any questions? Please contact our customer service at [email protected].

Unisono is a collaboration between Sabam, PlayRight and SIMIM P/A Sabam CV - Rue d’Arlon 75-77 - 1040 Brussels T +32 2 286 82 11 - unisono.be - VAT BE 0402 989 270 - RPR/RPM Brussels 6/6