Definition/Glossary of Licence Terms

Arrangement A Licensed Copy which is a re-configuration of a Musical Work made by a Staff Member, by Students under direction of a Staff Member, or by Students otherwise in the course of their studies as part of a Music Course, that adds or alters aspects such as lyrics, harmony, rhythm, texture and instrumentation, including transcription (which means the direct apportioning of a Musical Work for a different combination of instrument or instruments (including voice) than originally intended by the composer, and/or translation of the lyrics to a Musical Work).

Assessed Public Performance A public performance for the purposes of assessment of a Student or group of Students, and which takes place on the properly licensed premises of the Higher Education Institution or on third-party premises hired by the Higher Education Institution for that purpose. For the avoidance of doubt, any other type of public performance is not included in this definition.

Assessed Performance Recording An audio or audio-visual recording of an Assessed Public Performance or other assessed performance.

CLA Copyright Licensing Agency Ltd

Claim Form A formal notification of a legal claim issued by a court of competent jurisdiction or other statutory body

Digital Copy An electronic copy, (a) made by scanning from print or copying from a digital source, in either case from a Printed Music Publication, or (b) which is an Arrangement made in electronic format, or (c) an electronic copy of a handwritten Arrangement

Distance Learners Those Students on a Music Course designed to be studied away from the Licensee’s premises. For the avoidance of doubt, this does not include any students based overseas who are not in receipt of direct tuition from the Licensee

Excluded Printed Music Publications Any Printed Music Publication listed as being excluded from this Agreement as shown on PMLL’s website

Full Time Equivalent Music Students (FTEMS) Those Students declared to PMLL by the Licensee for coverage under the Trial Licence, both full and part time. Each Distance Learner shall be deemed to constitute a single FTEMS

HESA The Higher Education Statistics Authority

Higher Education Institution An educational institution within the Territory designated by HESA and/or QAA as a higher education provider

Individual Vocal or Individual Instrumental Teaching The teaching of instrumental or vocal technique and/or interpretative skills as part of a Music Course and documented as such by the Licensee in its Course Description or similar description of a Music Course

Licensed Copy A Digital Copy or a Paper Copy, as appropriate, in either single or multiple format

Licensee Any Higher Education Institution in respect of which the Trial Licence Fee has been paid

Music Course A course or module offered by the Licensee that includes a music element and which together with other courses or modules comprises a programme of study leading to a degree qualification. Such courses are not limited to courses with a W3 JACS code but could extend to, for example, Dance, Drama, or Education degree qualifications.

Musical Anthology A Printed Music Publication that is a collection of Musical Works

Musical Work A musical work that appears within a Printed Music Publication, and which is defined by the Copyright Designs and Patents Act 1988 (as amended), including any words or lyrics

Paper Copy A paper copy, (a) made by photocopying from a Printed Music Publication, (b) made by printing out from a Digital Copy, (c) which is a handwritten Arrangement, or (d) which is a photocopy of a handwritten Arrangement

PMLL Printed Music Licensing Ltd acting as agent and/or licensee for various music publishers

Printed Music Publications Published editions being graphic representations of Musical Works, printed either on paper or in digital format, including musical scores and/or parts, diagrammatic representations, tablature and other ways of representing musical sound and any editorial notes, historical notes or commentaries or other text included in the said published editions. For the avoidance of doubt this does not include Excluded Printed Music Publications or sound recordings.

QAA The Quality Assurance Agency for Higher Education

Secure Network A network (whether a standalone network or a virtual network within the Internet) which is only accessible to those Students and Staff Members who are approved by the Licensee for access to the Secure Network, whose identity is authenticated at the time of login (and periodically thereafter) in a manner consistent with current best practice, and whose conduct is subject to regulation by the Licensee (including, where applicable, Virtual Learning Environments)

Source Copy The Printed Music Publication from which Licensed Copies are made

Staff Members Staff teaching on, or otherwise connected with (for example, library staff) Music Courses, including Emeritus Professors and other honorary staff and visiting academics

Students Students registered on at least one Music Course, including undergraduates and taught postgraduates, but excluding any postgraduates who are supervised but not taught

Term 1 August 2020 – 31 July 2021

Territory The United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man

Trial Licence The trial licence granted by Clause 2

Trial Licence Fee The appropriate fee for the Higher Education Institution calculated by reference to the Tariff set out in the attached Appendix

VLE (Virtual Learning Environment) A web-based platform for the digital aspects of courses of study within an educational institution which presents resources, activities and interactions within a course structure and provide for the different stages of assessment.

Workbook A Printed Music Publication which consists mainly of Musical Works and extracts therefrom, with accompanying exercises and/or tests designed for educational purposes