B For Radio Broadcasting (otherwise than by microwave distribution):

The broadcasting right in every musical work of which the member is the author, publisher or proprietor, except: - 1 a dramatico-musical work; provided that the rights administered by GHAMRO do nevertheless include the right to broadcast on radio an excerpt or excerpts from a dramatico-musical work the total duration of which in the course of the same programme does not exceed 25 minutes or 25% of the total length of the work whichever shall be the shorter and which excerpt or excerpts -

(i) are not a 'potted' version or the work, or

(ii) are not or do not cover a complete act of the work;

2 words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-copyright music and the sung performance has duration of not less than five seconds.

C For Public Performance:

The performing right in every musical work of which the member is the author, publisher or proprietor, except:-

1 a dramatico-musical work whether staged or otherwise; provided that the rights administered by GHAMRO do nevertheless include the right to perform in public: -

a) a dramatico-musical work or an excerpt or excerpts from a dramatico-musical work performed by means of a film (3) or by means of a radio or television set used for the purpose of giving a public performance of broadcast programmes;

b) a non-dramatic excerpt or excerpts from a dramatico-musical work (however performed) the total duration of which in the course of the same programme is 25 minutes or less and which excerpt or excerpts -

(i) are not a 'potted' version of the work, or

(ii) are not or do not cover a complete act of the work;

2 the whole or any part of any music and of any words associated therewith composed or used for a ballet if accompanied by a visual representation of such ballet or part thereof; provided that the rights administered by GHAMRO do nevertheless include the right to perform in public any such music and words so composed or used and accompanied by such visual representation when performed by means of:-

a) a film (3); and/or

b) a television set used for the purpose of giving a public performance of broadcast programmes

3 any musical work specially written for a son-et-lumiere production when performed in or in conjunction with that production;

4 any musical work (being a musical work which is not a dramatico-musical work or part of a dramatico-musical work) specially written for production of a dramatic work in a theatre when performed in or in conjunction with that dramatic work.

 

D For inclusion in a Cable Programme Service and for Broadcasting by microwave distribution (4)

The right to include in a cable programme service or to broadcast by microwave distribution every musical work of which the member is the author, publisher or proprietor except words written for the purpose of a commercial advertisement unless such words are sung to music specially written for a commercial advertisement or to non-public domain music and the sung performance has a duration of not less than five seconds.

 

E For Film Synchronization:

In the case of an author member only, the film synchronization right in every work composed or written by the member primarily for the purpose of a particular film or films in contemplation when the work was commissioned (see definition of film synchronization right and licensing procedure).

Guidelines
1 If an excerpt from a dramatico-musical work is performed on television or on stage it will be deemed to be dramatic if it is accompanied by any dramatic action, whether acted, danced or mimed, and thereby (and/or through the use of costume, scenery or other visual effects) gives a visual impression of or otherwise portrays the authors' original conception of the work from which the excerpt is taken.

2 It follows (by way of example) that a performance will not normally be deemed to be a dramatic performance if in the case of an excerpt not clearly to be regarded as 'dramatic' under 1 -

a) the excerpt is presented on a fixed set which is not based on the set of the original dramatico-musical work. (A 'fixed set' would be one which is used for the whole or a substantial part of the television or stage show); or

b) the performer(s) is/are wearing a costume which is not a costume from or based on the original dramatico-musical work; or

c) scenic effects are limited to the use of either a single prop, and/or a backcloth or a piece of scenery (whether physically present or created by technical means e.g. lighting effects) provided that the use thereof is not combined with costume from or based on the dramatico-musical work from which the excerpt is taken.

 

Notes
(1) GHAMRO also controls the cable re-transmission of such works when the act of re-transmission derives from and is simultaneous with a broadcast of the work by radio or television. However, the circumstances in which such simultaneous re-transmission constitutes a 'restricted act' which can be licensed by or on behalf of the copyright owner are somewhat limited.

(2) Guidelines to help determine whether any given performance of such an excerpt is 'dramatic' or 'non-dramatic' have been adopted by the Board of GHAMRO.

(3) 'Film' is defined as in the Copyright Act 2005. It thus includes videograms (whether in the form of cassettes or discs) as well as films in the narrower sense.

(4) Broadcasting by microwave distribution is the technique by which television or sound services may be distributed, in a specified area, to homes or other places having special aerials capable of receiving microwave signals.

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