Spring has arrived, summer is on the way and there is always fresh new music, great workshops and courses and of course DVD's. Check out our website for the latest of everything.

However there is an important issue needing addressing! It has come to our attention that there has been some "scaremongering" in the industry where gyms (and as a consequence instructors) have been told they will not be allowed to use original music anymore.

PLEASE PASS THIS ON TO YOUR FITNESS FRIENDS AND COLLEAGUES.

There are some important facts - please read and research carefully yourself from the information below and the websites listed. If you prefer original music and not some poor cover versions, join the fight. Give up one class fee and put it in the fund to fight for your right to use the music you choose!

Bear in mind that if PPCA wins and the copyright fee goes up, your gym MAY CHOOSE TO PAY IT! The cost and time involved in monitoring / policing it may be more than the additional fees. Until it happens your fitness centre will not make a decision even if they currently have a strong opinion on what they may do if and when it happens.

Having said that, we do have alternate options which do not require the copyright fees because we buy direct from the record company. At the moment Muscle Mixes from US is a product we have been selling for many years and all their music is covers and therefore not affected by this issue. We are looking at other options as obviously Multitrax and Music & Motion use original music which is why our cd's are so popular and sell so well.

AND REMEMBER - the decision has not been handed down yet! It may or may not be in our favour. And also remember - it will be the choice of the gym you work for whether they will decide to pay it or not let you have the freedom to choose the music you want. And it's not just the music in group exercise classes - it also includes music played in the gym so all areas of the facility will be affected.


For more information you can go to the following websites however a part of the PPCA information has been copied below so you can get an idea what is happening. It affects all of us so it is beneficial for everyone to be aware of what is happening.

If you still have any questions you can either refer them direct to Fitness Australia or feel free to EMAIL US AT sales@musicandmotion.com.au and we will do our best to answer your questions.

We can also have our own say - Copyright Tribunal proceedings are open to the public. If you would like your views presented to the Tribunal or you would like to be directly involved in the case, you should contact the Copyright Tribunal on 02 9230 8567. You may also wish to contact your industry association and/or seek legal advice


Fitness Australia's Operation Music site is http://www.operationmusic.org.au

PPCA Website below and some information taken from that site -
http://www.ppca.com.au/fitnessclubtariffupdate.htm

PPCA is a non-profit organisation which collects and distributes revenue from sound recording licences to Australian recording artists and record labels.

PPCA licenses fitness centres, gyms, individuals and others to play sound recordings in fitness classes under the Fitness Tariff.

The fitness tariff applies to all recordings (both Australian and international) which are protected under copyright law. This is the vast majority of all recordings currently used in fitness classes.

PPCA believes recorded music is a vital aspect of fitness classes and that the creators of recorded music -the artists and record labels- should receive a fair and reasonable return for the use of their creative work in helping drive revenues and profits by fitness centres.

THE PROPOSED NEW RATE
At present, the rate paid by fitness centre operators is 96.8 cents per class. PPCA does not believe this is a fair market rate – it does not reflect the true value that recorded music adds to the business of a fitness centre.

For classes, this equates to a rate that can be as low as just 2.4 cents per person (class of 40) or 5 cents per person (class of 20) . This rate is inappropriately low given the fees charged for gym membership, or charged for fitness classes on a fee-per-class basis.

PPCA conducted a two-year consultation process with the fitness industry and engaged experienced economic consultants to carry out a study to calculate the value of music in fitness classes. The fitness industry was given the opportunity to comment and had input on the way the survey was conducted.

Based on this economic research, PPCA has proposed a new scheme calculated on a per member per month basis to be consistent with the periodic membership model which is typical of this sector. Such periodic memberships generally entitle the member to have access to the full range of services and facilities offered by the fitness centre, including fitness classes. Specifically, PPCA has proposed to the Tribunal that the rate be $4.54 per member per month or $0.99 per casual visit offered by commercial fitness centres.

The tariff review applies only to commercial, profit-driven fitness operations and not small community-based or similar groups (such as, for example, classes held in schools, church halls or rehabilitation centres).

The Copyright Tribunal is an independent body headed by a Federal Court judge. It will hear evidence presented by PPCA, the fitness industry and the ACCC (who have elected to participate in these proceedings and provide independent evidence to the Tribunal). After the conclusion of the hearing, which is expected to be some time in the second half of 2008, the Tribunal will deliver a judgment on what the tariff should be.




Thanks for giving this your time and attention.
The team at The Music & Motion Studio
www.musicandmotion.com.au