Malta General tariff (Tariff G ) Effective 10 th May 2009 Applies : the performance of copyright music within PRS for Music s reperire at functions, events and premises which are not within the scope of other tariffs published by PRS for Music. Rates Where the music user has applied for and obtained a PRS for Music licence before musical performances commence, the standard royalty rate will be charged and payable for the first year of the licence. Where the music user has not applied for and obtained a PRS for Music licence before musical performances commence, the first year royalty rate will be charged and payable for the first year of the licence. After the first year of the licence, in either case, the standard royalty rate will be charged and payable. 1. Featured Music 1.1 Where music is virtually the entire performance, e.g. concerts, recitals, discos, etc., including those taking place in public houses, bars or clubs, where there is an entrance charge the royalty will be OR where there is no entrance charge but are be paid the royalty will be 9% of 9% of payments 6% of 6% of payment OR where there is no entrance charge and the are not be paid the royalty per event per 25 persons capacity or per 37.5m2 of the venue will be The minimum royalty for a Permit or for a series of not more than three events will be 1.2 Where music is important but not the sole entertainment and where there is an entrance charge, e.g. dinner dances, cabaret, or variety performances, the royalty will be OR where there is no entrance charge but are be paid the royalty will be 2.71 1.80 83.30 55.53 4.5% of 4.5% of payments 3% of 3% of payments
OR where there is no entrance charge and are 1.73 1.15 not be paid the royalty per event per 25 persons capacity or per 37.5m2 of the Venue will be The minimum royalty for a Permit or for a series of not more than three events will be 66.18 44.12 NOTE: Cabaret would come in this category, but could be charged under item 1.1 above if there is a very substantial use of the PRS for Music reperire. 1.3 Karaoke Performances & music quizzes the annual royalty for premises with the following will be: Up 15 seats/30m2 220.57 147.05 Between 16-40 seating/31-100m2 441.10 294.06 Each additional 20 seats/50m2 220.57 147.05 1.4 For aerobic, keep fit and dance classes, the royalty per class will be 1.5 For video or cinema performances in a room or place which is part of the premises and used for other purposes but which is being specially used for the primary purpose of video or film shows and with seating arranged accordingly (whether or not a charge is made for ) the charge per session for the first 100 persons capacity is 1.72 1.15 3.44 2.30 and per 25 persons capacity (or part thereof) thereafter 0.86 0.58 1.6 For background music at boxing, wrestling and similar sports events or at bingo sessions the charge per session for the first 100 persons capacity is and per 25 persons capacity (or part thereof) thereafter 3.44 0.86 2.30 0.58 2. Occasional or Amusement Music (Exhibitions, Trade Fairs, Fashion/Culture shows etc.) The royalty per event for each 25 persons capacity or per 37.5m2 or the venue, will be The minimum royalty for a Permit or for a series of not more than three events will be 1.46 0.98 56.33 37.55 3. Background or Mechanical Music the annual royalty per room for performances by the following will be 3.1 Single portable transisr or radio cassette player with no extension speakers Up 15 seats/30m2 63.74 42.49 Between 16-40 seats/31-100m2 137.27 91.52 Each additional 20 seats/50m2 49.01 32.67
3.2 TV and/or Video with a screen no greater than 26" Up 15 seats/30m2 66.18 44.12 Between 16-40 seats/31-100m2 137.27 91.52 Each additional 20 seats/50m2 49.01 32.67 3.3 TV and/or Video with a screen greater than 26" Up 15 seats/30m2 137.27 91.52 Between 16-40 seats/31-100m2 276.90 184.60 Each additional 20 seats/50m2 100.46 66.97 3.4 Monirs with Up 15 seats/30m2 137.27 91.52 Between 16-40 seats/31-100m2 330.88 220.58 Each additional 20 seats/50m2 137.27 91.52 3.5 Terrestrial TV with Satellite/Cable facility (without video) Up 15 seats/30m2 88.22 58.81 Between 16-40 seats/31-100m2 176.44 117.63 Each additional 20 seats/50m2 63.74 42.49 3.6 Audio only satellite/cable music device (with self-powered speakers independent of any other instrument). Up 15 seats/30m2 245.05 163.37 Between 16-40 seats/31-100m2 490.11 326.74 Each additional 20 seats/50m2 176.44 117.63 3.7 Audio Juke Box with Up 15 seats/30m2 137.27 91.52 Between 16-40 seats/31-100m2 274.46 182.97 Each additional 20 seats/50m2 98.02 65.35 3.8 Video Juke Box with Up 15 seats/30m2 181.32 120.88 Between 16-40 seats/31-100m2 362.72 241.82 Each additional 20 seats/50m2 129.87 86.58 3.9 Other means (i.e. CD, Record, Tape Player or Radio) with Up 15 seats/30m2 98.02 69.35 Between 16-40 seats/31-100m2 198.48 132.32 Each additional 20 seats/50m2 98.02 65.35 PROVIDED THAT Where potential audience is seated, the seating capacity (or, for facries or offices not open the public the number of employees) will be the criterion. Where the potential audience is not seated the area of audibility of the room measured wall wall will be used. Where two or more different kinds of instruments mentioned in this section are audible in the same room, the highest of the charges in respect of that room will apply in full but the other or others will be halved Where the premises are open only during a limited season in each year, the annual royalty is adjusted by a proportionate reduction and by an addition of 15% of the reduced amount. 4. Amusement Machines with Music Computer, Video and other playing intermittent tunes or musical stings The annual royalty per machine will be 98.02 65.35
5. Aircraft The royalty per 500 passenger hours of music played is calculated at the rate of 15.66 10.44 COMPUTATION OF ROYALTY CHARGE 5.1 Boarding and/or disembarkation music The duration of music usage during take-off and landing is taken as 15 minutes per passenger. e.g. Calculation of charge per 500 passenger hours In the case of an aircraft which carries 60,000 passengers whom music is audible during take-off and landing, the number of passenger hours would be 15,000 (60,000 divided by 4) and the annual royalty would be 15,000 multiplied by royalty charge divided by 500 = 469.70 313.14 5.1.2 In-flight entertainment with music The number of hours flown with passengers by the aircraft during the year is divided by the number of stage flights produce an average flight duration, and the average flight duration is then multiplied by the number of passengers who listen in flight music. e.g. Calculation per 500 passenger hours In the case of an aircraft flying a tal of 3,500 hours, in 700 stage flights, the average flight duration would be 5 hours. If the number of passengers whom in flight music is audible is 20,000 the annual royalty would be 20,000 multiplied by 5 multiplied by royalty charge divided by 500 = 3,131.36 2,087.57 6. Bands The annual royalty payable per performing musician within a band will be 4.88 3.25 7. Miscellaneous Uses 7.1 Music on Hold The annual royalty for the following will be 1-5 lines 137.27 91.52 6-15 lines 193.60 129.07 Each 15 lines (or part thereof) thereafter 56.33 37.55 7.2 Mobile Disc Jockeys The annual royalty will be 166.64 111.09 7.3 Taxis, Hired Cars, Ice Cream Vans, Advertising Vans, Election Campaign and Other Similar Vehicles Playing Music The annual royalty per vehicle will be 56.33 37.55
8. GENERAL CONDITIONS The tariff is published for general information; publication does not constitute an offer grant a licence. The royalty applicable any performance or series of performances will be determined by PRS for Music on the basis of all the relevant circumstances. In particular, this tariff is not intended be exhaustive and for performances which in PRS for Music opinion fall outside those contemplated below, rates will be quoted on application. An applicant for a licence must give whatever information is necessary enable PRS for Music determine the royalty, either in terms of this tariff or otherwise if inappropriate. 9. PAYMENT OF ROYALTIES Royalties are payable annually in advance at the commencement of each licence and then on each renewal date for the licence in accordance PRS for Music s current tariff. 10. VALUE ADDED TAX Every licensee under PRS for Music s tariffs will pay PRS for Music in addition the royalty due, a sum in respect of Value Added Tax calculated at the relevant rate on the royalty payable. 11. INFLATION ADJUSTMENT Every year the monetary sums in this tariff will be adjusted for inflation. Increases shall not exceed contemporary increases in the official rates of inflation as issued by the Central Office of Statistics. 12. DEFINITIONS Admission means all monies paid or payable in respect of charges in connection with any entertainment which this tariff applies, less party booking discounts and Value Added Tax or any other government tax or imposition of like nature for the time being in force. Amusement machines (computer, video and other) means machines known as, for example: amusements with prizes; amusements-with-gift; skill with prize; fruit or gaming machines; games, quiz and similar machines, whether or not capable of being operated by the insertion of a coin or ken. Audio juke box means a machine (other than a video juke box) for playing recorded music and capable of being operated by the insertion of a coin or ken. Background Music means music when performed by compact disc player, digital music device, record player, tape player, or video player otherwise than for featured purposes, or audio juke box or video juke box, or radio or television (terrestrial, cable or satellite) operated on the premises or diffused through a loud-speaker from another part of the premises or a source outside the premises. Boarding and/or disembarkation music means music within the PRS for Music s reperire other than in-flight entertainment music, which is performed via loudspeakers, whether or not in conjunction with works outside PRS for Music s reperire, as passengers board and/or disembark from an aircraft, or while an aircraft is on the ground, or as an aircraft takes off or lands. Capacity means where there is no formal means or calculating the capacity of a room, that capacity is assessed by reference the maximum number of persons which can reasonably be accommodated in the room, or which is permitted under any regulation by Fire Authorities. Featured music means music performed by in person, including karaoke performances, or a record or a tape-player primarily for entertainment such as by means of discotheque, cinemagraph equipment or video player. In-flight entertainment music means music within PRS for Music's reperire, other than boarding and/or disembarkation music, which is made available whether or not in conjunction with works outside PRS for Music's reperire, via headsets or otherwise, passengers during the course of a flight, whether audio or audio-visual (such as films, videograms, computer programs, or otherwise). Karaoke performances means those performances given by unpaid singers in conjunction with specially produced recorded music, with or without the provision of video presented synchronised lyrics. Music on hold means music played by mechanical means attached a telephone switchboard so as be audible incoming callers before they are connected an internal extension. It does not extend any music audible on any Premium Rate Service number. Passenger means an individual who travels (whether or not for valuable consideration) on an aircraft of the Licensee and, for the avoidance of doubt, includes an employee of the Licensee. Performing Right Society Limited trading as PRS for Music Representing music crears and publishers of music Registered in England No. 134396 Registered Office 2 Pancras Square, London, N1C 4AG Malta address Suite 3, Level 2, Parklane Business Centre, Mountbatten Street, Hamrun, HMR 1556, Malta www.prsformusic.com/malta
Payments means gross salaries, gross wages; plus fees, expenses or other emoluments paid (excluding any disc jockeys); and gross fees (net of any VAT) paid third parties for the services of. Performers means singers and or musical instruments and includes orchestra conducrs or leaders, whether or not the combine in their performance other activities such as dancing or acting as comperes. PRS for Music s reperire means all and any musical works (including any associated words), the right of public performance in which is controlled by PRS for Music, or any society in other countries with which PRS for Music is affiliated. Record, compact disc, tape-player or radio means any gramophone, compact disc, tape or cassette player or radio, or other mechanical/electronic contrivance for playing musical works, except video player, or contrivance, such as a juke box, capable of being operated by the insertion of a coin, ken or card. Video juke box means a machine for playing recorded music synchronised with video or similar visual display and capable or being operated by the insertion of a coin or ken. Performing Right Society Limited trading as PRS for Music Representing music crears and publishers of music Registered in England No. 134396 Registered Office 2 Pancras Square, London, N1C 4AG Malta address Suite 3, Level 2, Parklane Business Centre, Mountbatten Street, Hamrun, HMR 1556, Malta www.prsformusic.com/malta