1. User licence
With a Unisono user licence, the company, association or public service may perform all protected works that are part of Sabam’s national and international repertoire. This way, the company, association or public service complies with the obligation (with respect to SIMIM and PlayRight) to pay the fair remuneration. This licence applies to the performance(s) referred to in Article 2 for which the company, association or public service has indicated it will use music. The user licence is valid after payment of the invoice.
The following sections of the law apply to the use of music in non-public areas of companies, associations and public services:
- Article XI. 165 of the Code of Economic Law with regard to the copyright permission of Sabam;
- Article XI. 205 of the Code of Economic Law with regard to the permission of SIMIM to use telephone hold music and background music on websites;
- Articles XI. 212 and XI. 213 of the Code of Economic Law with regard to the public performance of phonograms*;
- Articles 58 to 62 of the Royal Decree on Fair Remuneration of 17 December 2017, amended by the Royal Decree on Fair Remuneration of 8 July 2018 for the public performance of phonograms.
2. Mandate agreement
SIMIM and PlayRight have concluded a mandate agreement with Sabam whereby SIMIM and PlayRight have instructed Sabam to collect on their behalf and for their account the neighbouring rights of producers and performing artists for the use of music by companies, associations or public services, in one or more of the situations listed restrictively below: music in the workplace, music in staff restaurants, music during staff parties. SIMIM has also mandated Sabam to collect royalties for telephone hold music and background music on the website of the company, association or public service. All contacts (correspondence, invoices, telephone calls, etc.) between Sabam and the company, association or public service take place under the name ‘Unisono’.
3. Transfer and moral rights
The Unisono user licence may not be transferred and, in the case of performance by mechanical or electronic devices, only applies to the use of legally manufactured audio or audiovisual carriers and/or legally downloaded audio or audiovisual files. The moral rights of authors and performing artists are expressly reserved.
4. Responsibility of the customer
The company, association or public service is responsible for the performances in its establishment(s), either by itself, or, with its consent, by third parties, for whom it is jointly and severally liable in that case.
The company, association or public service shall immediately report to Unisono any change in its establishment(s) or activity which may affect the conditions for granting the permission referred to in Article 1.
6. Payment terms
The legally owed Unisono royalties shall be determined on a lump sum basis, in accordance with the applicable rates, and must be paid by the company, association or public service within thirty days after receipt of the invoice, by transfer to the bank account of Sabam-Unisono.
Payment in instalments
The company, association or public service may pay the invoice in instalments.
Per half-year: 53% of the base rate
Per quarter: 28.5% of the base rate
If the invoice has not been paid by the expiration date, the company, association or public service will be charged a lump sum fee of € 15 per reminder.
Furthermore, if the invoice has not been paid more than eight days after a second reminder, Unisono will be able to claim damages amounting to 15% of the invoice amount, with a minimum of € 125. If Unisono has to incur additional costs to obtain payment of the invoice, these will also be charged to the company, association or public service.
7. Index adjustments
The Unisono royalties are linked to the index stated in the applicable rates. Each index fluctuation may result in an adjustment of the amounts due and will be reported by Unisono to the company, association or public service, through a notification on the invoice.
Copyright royalties are linked to the consumer price index.
Neighbouring rights royalties are linked to the health index, with the exception of telephone hold music and background music on the website.
8. Unlicensed use of music
If music is used without a user licence, the standard rate will be increased by 15% during the first contract year, subject to the following minima:
Copyright: increase by minimum € 25
Neighbouring rights: increase by minimum € 75
Upon assessment on site, € 100 will be charged as compensation and € 125 (excluding VAT) as transport and assessment costs.
9. Specification of the playlist
At the request of Unisono, the company, association or public service shall provide, each year during the expiration month, a statement of the used works (i.e. a programme) regarding the categories ‘telephone hold music’ and ‘background music on the website’.
10. Starting date of the licence
In the event of a spontaneous registration, the licence will enter into force on the first day of the month of signature, unless indicated otherwise by the user. In the case of an inspection, the starting date is the first day of the month in which the assessment took place.
11. Duration of a licence
This user licence is valid from the date of commencement until 31 December of the year concerned. It will be tacitly renewed each year, unless it is terminated by one of the parties by registered letter or by e-mail at least one month before each annual expiration date.
If the activities are permanently discontinued and upon presentation of an official proof of discontinuation, or if the use of music is stopped in the course of the year, the royalties due will be adjusted as follows, at the request of the company, association or public service:
The royalties will be reduced by 50% if the period between the last contractual expiration date and the date of discontinuation is at most one half-year.
Neighbouring rights royalties
The royalties will be reduced pro rata from the 1st day of the month following the date of discontinuation.
12. Changes to general terms and conditions and to rates
Unisono undertakes to notify the company, association or public service of any change to these terms and conditions or to the rates. If the user licence is not terminated, the company, association or public service shall be deemed to accept the new terms and conditions and/or rates.
13. Processing of personal data
14. Competent court
In the event of disputes or non-compliance with the stipulated conditions, the parties acknowledge the jurisdiction of the courts and tribunals of Brussels or of the headquarters of the company, association or public service, at the choice of Unisono.
* Phonogram: the first sound recording (master tape). For the purposes of this licence, this means the first recording of music and/or a song.
Sabam is gemandateerd door Playright en SIMIM.