This tariff applies to causing the Society’s Repertoire given in the course of, or in connection with, the exhibition of cinematographic films, at cinemas or other premises at which under the commercial exhibition of cinematographic films regularly takes place. Licenses issued under this tariff shall cover the following categories of public performance of the Society’s Repertoire:
-
(i) Performance as an accompaniment to the exhibition of cinematographic films whether the repertoire is performed by means of the sound track of film or otherwise;
5.APPLICATON FOR LICENSES
(i) Applications for a license under this tariff are required to give the Society such information on the Society’s appropriate form as may be necessary to enable the Society to decide whether this tariff is applicable.
(ii) The Society is not bound to offer a license or permit under this in respect of any films unless application has been made in advance of the film.
(ii) Performance as an accompaniment to the exhibition of advertisement whether the repertoire is performed by means of the sound track of the advertisements of otherwise;
(iii) Performance for intermission, play in, and play out purposes;
(iv) Performance in a cinema foyer but only as a relay of music being performed in the auditorium or the music comprised in forthcoming attractions, provided that the foyer is not used as a café or otherwise with seating accommodation for the consumption of refreshment;
(v) Performances in the form of not more than three items of variety entertainment introduced before, during or after each exhibition of the complete cinematographic film programme.
2. EXCLUSIONS
This tariff does not apply to performances of the Society’s Repertoire other than those expressly mentioned in paragraph 1 hereof, and any license granted by the Society under this tariff is subject to the condition that the License shall notify the Society of all entertainments or events with music held at the premises licensed under this tariff and shall pay all royalties due therefore in accordance with the appropriated tariff.
3. ANNUAL RETURNS
Not later than 30 days after the end of a License Year, a License under this tariff shall furnish to the Society a statement, on such form as supplied by the Society, showing the Gross Receipts for that License Year. The statement should be either certified by an accountant who is qualified to be appointed auditor to a public company, or by an authorized officer of the License who shall prove the accuracy of the statement.
4. ANNUAL ROYALTY
4.1Films with no admission charge:
(i) 15% on the aggregate hiring charges (including any charges for reimbursable and miscellaneous charges) payable to the venue management in respect of the film; or
(ii) MOP0.84 per attendance per session of film,
whichever is higher, subject to a minimum royalty of MOP754.95 per session of performance.
4.2Films with admission charge:
0.3% on the actual Gross Receipts.
4.3 In the mutual presence of 4.1 and 4.2, royalties will be the sum calculated in 4.1 and 4.2.
