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ACUM fees for using works from the ACUM repertoire on the Internet – 2015

Following is a model for calculating royalties for use of works from the ACUM repertoire on the Internet.

Please note that this model does not constitute a license, and you must arrange a license in advance and in writing with ACUM before making any use of works on the Internet.

1.  Rates for Broadcasting Works from the ACUM Repertoire using Streaming and On Demand formats

1.1  License fees for Musical Services

 Streaming on Demand:  12.5% of the Income, but no less than 0.4 Agurot [NIS 0.004] for any Broadcast of a Work that is included in a Musical Production. If the Musical Service includes non-musical Productions, then the minimum fee would be either 0.025 Agurot [NIS 0.00025] for each minute of Broadcast or any portion thereof, or (if Licensee so chooses and notifies ACUM in writing and upon the execution of this Agreement) 0.3 Agurot [NIS 0.003] for each Broadcast.

Streaming (webcasting):  10% of the Income, but no less than 0.32 Agurot [NIS 0.0032] for any Broadcast of a Work that is included in a Musical Production. The license fee rates for Streaming services, which are not primarily designated to Broadcast Musical Productions, are 2.5% of the Income, but no less than 0.32 Agurot [NIS 0.0032] for any Broadcast of a Work that is included in a Musical Production.

The minimal fee to be paid for a Musical Service that includes a permanent of temporary sponsorship for a product, a service or a commercial entity, will be five times (X 5) the aforementioned minimal fees for Streaming and On Demand Services.

1.2  License fees for Productions Services

3.125% of the Income, but no less than the following minimal fees in consideration for each Broadcast:

  • Non-Musical Production – 0.025 Agurot [NIS 0.00025] for each minute of Broadcast or any portion thereof, or (if Licensee so chooses and notifies ACUM in writing and upon the execution of this Agreement) 0.3 Agurot [NIS 0.003] for each Broadcast.
  • If the Productions Service also includes Musical Productions, then the minimal fee for the Broadcast of such Musical Productions would be 0.4 Agurot [NIS 0.004] for each Broadcast of a Work that is included in the Musical Production.

 1.3  License fees for Other Services

  • For each Broadcast of a Musical Production – 0.6 Agurot [NIS 0.006] in consideration for each Work that is included in the Musical Production.
  • For each Broadcast of a non-Musical Production – 0.0375 Agurot [NIS 0.000375] for each minute of Broadcast or any portion thereof, or (if Licensee so chooses and notifies ACUM in writing and upon the execution of this Agreement) 0.45 Agurot [NIS 0.0045] for each Broadcast.

 1.4  License fees for User Generated Content Services

 License fee rates for use of Works from the ACUM Repertoire within User Generated Content Services will be as set forth above for Productions Services. Notwithstanding the aforesaid, the minimal fee for use of Works from the ACUM Repertoire within User Generated Content Services will calculate as follows:

Total Broadcasts of Works included in the User Generated Content Services X 0.0375 Agurot [NIS 0.000375].

1.5 License fees for Musical packages for which users pay monthly subscription fee

 12.5 % of the income, but no less than NIS 1.00 for each user per month for a monthly subscription for one platform (Internet only) and NIS 1.43 for each user per month for a monthly subscription for two platforms (Internet and cellular).

1.6 License fees for Simulcasting Services:

Licensee may choose between –

  • 5% of the Income from Simulcasting of a radio station and 2.5% of the Income from Simulcasting of a TV channel (in such case no minimal fee is required); or –
  • Any Income from the Simulcasting Services will be included in the Income generated from the Musical Service or Production Service of Licensee, according to the Broadcast’s characteristics (Musical or Productions), but no minimal fee will be required for the Simulcasting Services.

1.7 License fees for Children-oriented Content Services

4% of the Income, but no less than 0.1 Agurot [NIS 0.001] for any Broadcast of a Work that is included in Children-oriented Content, or (if Licensee so chooses and notifies ACUM in writing and upon the execution of this Agreement) 0.0125 Agurot [NIS 0.000125] for each minute of Broadcast or any portion thereof. This license fee rate was determined considering that Children-oriented Content Services are not Musical Services.

 2.  Rates for Downloads of Works from the ACUM Repertoire 

2.1   License fees for Musical Services for Downloading Individual Files

 12.5% of the Income but no less than 30 Agurot [NIS 0.3] per Download of each Musical Production and 2 Agurot [NIS 0.02] for the Download of each minute of a non-Musical Production.

 2.2   License fees for Production Services for Downloading Individual Files

3.125% of the Income but no less than 2 Agurot [NIS 0.02] per Download of each minute of a Production and 30 Agurot [NIS 0.3] for the Download of each Musical Production.

2.3   License fees for Download of Records

12.5% of the Income but no less than 12.5 Agurot [NIS 0.125] for each Work that is included the Downloaded Record or Album.

 3.  Rates for placing online texts (lyrics), Notes and Chords from the ACUM Repertoire  

3.1   License fees and minimal fees

12.5% of the Income but no less than the minimal amount as set forth below:

Text and Notes – NIS 4 per every 1000 Visits to a certain page (“Views“).

Text only – NIS 2.66 per every 1000 Views.

Notes only – NIS 2.66 per every 1000 Views.

Chords only – NIS 1.33 per every 1000 Views.

3.2   License fees and minimal fees for placing online texts (lyrics), Notes and Chords from the ACUM Repertoire, as part of Other Services

Text and Notes – NIS 6 per every 1000 Views.

Text only – NIS 3.99 per every 1000 Views.

Notes only – NIS 3.99 per every 1000 Views.

Chords only – NIS 1.99 per every 1000 Views.

4.  First Year Reduction 

 Licensee will receive a one-time 20% reduction of all license fees and the minimal fees for a one time period of 12 months commencing at the date of the launching of the Service or of signing the license for the Service, whichever is first. Notwithstanding the aforesaid, and in order to encourage legal online Downloading Services, the above on-time 20% reduction period for Downloading Services will be for 24 months commencing at the date of the launching of the Service or of signing the license for the Service, whichever is first, regarding the rates specified at sections 3.1 and 3.3 above.

5.  Fixed monthly rate for  a small scope and non-commercial Service 

 The rate applicable to a service having no more than 50,000 Visits per month will be as follows:

Type of use Number of monthly Visits Monthly rate + VAT Yearly rate + VAT
Streaming and Streaming on Demand up to 10,000 NIS 40 NIS 480
up to 20,000 NIS 80 NIS 960
up to 30,000 NIS 120 NIS 1,440
up to 40,000 NIS 160 NIS 1,920
up to 50,000 NIS 200 NIS 2,400
 

Display of texts

up to 10,000 NIS 32 NIS 384
up to 20,000 NIS 56 NIS 672
up to 30,000 NIS 80 NIS 960
up to 40,000 NIS 104 NIS 1,248
up to 50,000 NIS 128 NIS 1,536

General

  1.  Licensee will pay the license fees for each Service separately.
  2.  VAT according to Israeli law must be added to all rates.
  3.  Minimal fees will be linked to the increase (but not decrease) of the Israeli Consumer Price Index, commencing from the date of signing the License Agreement. License fees will be adjusted twice a year – on the 1st of July and on the 31st day of December of each calendar year.