Elements4Life Music Policy & Copyright Declaration
(A 432 Lifestyles Pty Ltd policy – applies to Elements4Life and all associated businesses)
Effective date: 8th September 2025
Owner: Compliance & Operations (Elements4Life)
Review cycle: Annually, or upon material change to law, suppliers, technology, or business practices
Section summaries: This policy sets out our company declarations, Australian legal footing, the only music sources we permit (and prohibited ones), how we use AI-generated music, the preferred use of the SJE Records catalogue, operational controls (staff, tech, logging, incident response), and new sections on usage claims & playtime disclosure, member personal audio (headphones) recommendation, and music rules for classes.
Company Declarations (Read First)
Private Membership Environment & Commercial Exposure (Internal Policy)
Elements4Life operates as a private-membership business. Our facilities, our members and staff, and our use of in-venue systems (including music usage data) are managed within that private membership context.
Any third party—including music suppliers, rightsholders, brands and products audibly or visually present in our facilities—is subject to our Commercial Exposure & Remuneration Position (Internal Policy).
We reserve the right to require remuneration, value exchange or fee offsets where third-party content or brands receive exposure to our private member base (for example, co-marketing credits, data-participation incentives, or other negotiated arrangements).
This commercial position does not waive or limit any obligations under the Copyright Act 1968 (Cth); it governs how we evaluate and negotiate commercial exposure in our venues.
Summary: Our gyms are private-member environments. Any brand or music benefiting from exposure to our member base may be subject to commercial arrangements, separate from legal copyright obligations.
Artist Support & Remuneration Declaration
Our position: Elements4Life unequivocally supports artists and rightsholders and the fair, accurate and timely distribution of remuneration for the use of their works.
Support for industry bodies: We recognise and support the role of APRA AMCOS, PPCA, and other reputable third parties that have a positive influence on music creators, rightsholders, and the distribution ecosystem.
Data and transparency: Where feasible, we contribute verifiable usage data (e.g., audio-metering technology and detailed play logs) to improve the proportionality and accuracy of distributions.
Innovation and future direction: We believe the future will increasingly enable direct, peer-to-peer remuneration through decentralised, ledger-based systems, reducing dependency on centralised intermediaries and monopolised structures. We will explore credible pilots and standards in this area—without prejudice to our current legal obligations—so that creators are rewarded more directly and transparently.
Ongoing compliance: Until such technologies and frameworks are widely adopted, we will continue to operate in full compliance with the Copyright Act 1968 (Cth) and applicable licensing arrangements, while prioritising direct-licensed, PRO-free and public-domain/Creative Commons sources wherever practicable.
Summary: We support creators, respect existing collection bodies, and seek more transparent, direct remuneration models as technology evolves.
Background-Use-Only
Music in Elements4Life facilities is used strictly as background ambience. It is not a direct driver of revenue or profit, not a metric of perceived business success, and not a tool for member acquisition or retention.
Music is not used as a core programming element—there are no instructor-timed or choreographed classes—unless such use is separately authorised under a specific, documented licence.
To avoid doubt: music serves a supporting, atmospheric role only; it does not form part of the substantive services for which members pay, nor does it constitute a marketing inducement. Any departure from background-only use requires prior written approval, explicit licensing, and operational controls consistent with this policy and the Copyright Act 1968 (Cth).
Summary: Music is ambience only. Any step beyond background use needs written approval and proper licensing.
Rights-First, PRO-Free/Direct-Licensed Preference
We preferentially use direct-licensed, PRO-free and public-domain/Creative Commons catalogues so that public-performance permissions are granted directly to Elements4Life.
We avoid collective-licensed mainstream repertoire unless and until we deliberately adopt a OneMusic licence.
Fair Dealing (Australia)
Australia recognises fair dealing exceptions under the Copyright Act (e.g., research or study, criticism or review, reporting news, parody or satire). Australia does not have a broad US-style “fair use” defence.
Our day-to-day in-venue playback is not reliant on fair dealing exceptions and is instead handled via direct permissions and approved sources.
Respect for Creators
We support accurate, usage-linked remuneration to artists and rightsholders. Where feasible, we deploy usage telemetry and maintain granular play logs to facilitate proportionate distributions, particularly for directly licensed repertoire.
Legal Framework (Australia)
The Copyright Act 1968 (Cth) governs the public performance and communication of musical works and sound recordings.
APRA AMCOS generally administers public-performance rights in musical works; PPCA generally licenses sound recordings; OneMusic offers a joint blanket licence for mainstream repertoire.
When Elements4Life owns or directly licenses both the composition and the master, or uses public-domain / Creative Commons tracks permitting commercial public performance, collective licensing is not required for those specific uses.
If mainstream APRA/PPCA repertoire is played over venue speakers, a OneMusic licence is ordinarily required. Our policy avoids this by using the approved sources below.
Summary: We comply with Australian copyright law. Our strategy is to use music we own or directly license (or PD/CC where permitted) to avoid triggering collective licences.
Approved Music Sources (PRO-Free / Direct-Licensed)
We use only sources that grant Australian public-performance rights for physical venues and do not require APRA/PPCA/OneMusic for the repertoire in question. Written proof of rights is retained on file.
Primary business/in-store platforms (confirm AU venue coverage in the service agreement):
Jamendo In-Store — https://licensing.jamendo.com/en/in-store
Epidemic Sound In-Store / Business — https://www.epidemicsound.com/instore/instore-music/
Tribe of Noise (In-Store / PRO) — https://pro.tribeofnoise.com/in-store-music
Mubert for Business — https://mubert.com (venue/public-performance licence; AU territory confirmed in writing)
Media Group (APRA/PPCA-free catalogue) — https://www.mediagroup.com.au/apra-ppca-free-music
Music On Hold Australia (licence-free options; confirm gym-floor scope) — https://musiconhold.com.au/public-performance-license-exemptions/
Public-domain / Creative Commons (commercial use permitted only):
Musopen — https://musopen.org (verify public-domain status per track)
ccMixter — https://ccmixter.org (CC BY or CC BY-SA only; NC and ND content is not used for venue playback)
SJE Records (our preferred catalogue & apps, in addition to the above):
SJE Records catalogue via the SJE Records website (coming soon)
SJE Records streaming application (coming soon)
SJE Records Aggregator App (coming soon) — a rights-gated player that ingests SJE catalogue, approved PRO-free libraries, and compliant CC/PD sources, logs all plays, and enforces attribution where required.
Prohibited sources for venue speakers (unless separately, directly licensed and self-hosted with documentation):
Spotify, Apple Music, YouTube/YouTube Music, SoundCloud streaming UI, AM/FM radio, TV audio, personal Bluetooth or AUX inputs.
Exception: Specific tracks may be used if Elements4Life holds a written direct licence from both composition and master owners granting AU public performance rights, and files are self-hosted within our rights-gated system with full audit logs.
Summary: Only play from our approved list (or SJE) with written rights. Consumer streaming and broadcast audio are not permitted over venue speakers.
AI-Generated Music — Legal Position (Australia) & Operational Rules
How the Copyright Act 1968 (Cth) applies
Separate rights: Public performance and communication rights subsist separately in the musical work (composition/lyrics) and the sound recording. Venue playback must be permitted for both.
Human authorship: Australian copyright generally presumes human authorship. Purely machine-generated outputs may not be protected as copyright works. Practically, Elements4Life relies on contractual permissions from AI platforms or creators that expressly grant public performance in Australia for physical venues.
Collective licensing: If an AI platform’s catalogue is not administered by APRA/PPCA and the platform grants us venue public-performance rights directly, a OneMusic licence is not required for that repertoire. If any AI content later becomes collectively managed or is disputed, we will suspend it pending review.
Look-alike risk: Even when licensed, AI outputs must not substantially reproduce existing copyrighted works. We avoid prompts targeting specific songs/artists and will remove any track subject to credible infringement claims.
Moral/performers’ rights: Where human creators/performers are credited, we respect attribution and integrity obligations and follow any platform-mandated credits.
Operational rules for AI music in our venues
Licence primacy: We use AI tracks only under a written, commercial licence that expressly includes public performance in Australian business premises (retail/fitness/in-store).
Rights gating: Our systems reject any AI track lacking clear metadata for licensor, scope/territory (Australia), term, and field of use.
Attribution (if required): Where a platform or CC-style licence requires credit, we display rolling attribution and archive monthly copies.
Audit pack: We retain plan confirmations, licence terms, and time-stamped play logs for ≥5 years.
Incident response: On any credible infringement notice, we suspend playback immediately and investigate.
No mainstream commingling: AI tracks are not mixed with collectively managed mainstream repertoire unless we have a suitable blanket licence.
Representative AI platforms we may use (subject to contract confirming AU venue public performance):
Suno AI — Generative songs with vocals; paid plans grant commercial rights. We obtain written confirmation that AU venue public performance is included and retain it.
Mubert (Business / In-Store) — Generative “royalty-free” stations; the Business licence is designed for public spaces.
AIVA, Ecrett Music, SOUNDRAW, Beatoven.ai, Loudly (AI Music Studio), Soundful, Endel (Enterprise) — Commercial offerings with varying terms; venue public-performance coverage must be confirmed in writing before use.
Summary: AI music is permitted when the platform’s contract clearly covers AU venue performance; we run strict rights verification and logging.
Preferred Use of SJE Records Catalogue
Where SJE Records owns/controls 100% of both the musical work and the sound recording, those tracks may be scheduled freely as background ambience.
If any SJE works/masters are administered by APRA/PPCA, we will arrange APRA licence-back (for works) and PPCA direct licensing (for masters) specifically for venue background performance, and retain written confirmations.
We may schedule “SJE-only” windows (e.g., off-peak periods) to simplify compliance and facilitate direct, usage-linked remuneration to SJE artists.
AI creation & distribution (SJE): SJE Records will generate, curate and distribute AI-assisted and AI-generated music for background ambience, with direct licences covering both the musical work and the master for public performance in Australia, and will support AI music artists under transparent, usage-linked remuneration.
Usage Claims & Playtime Disclosure
Background-only & PRO-free default: Our default operational mode is background music only using PRO-free/direct-licensed sources (and SJE catalogue), not mainstream repertoire.
Playtime windows: Music is not played continuously. Typical operational windows are between 4:00 a.m. and 10:00 p.m. (site schedules may differ), with extended periods of silence each day when no music is broadcast over venue speakers.
Usage factor: For transparency, we track the proportion of open hours during which music is actually played (“usage factor”). This usage factor may vary by site/zone and period.
Logs & substantiation: We maintain time-stamped play logs by zone to substantiate that music is (a) background only, (b) not continuous, and (c) limited to approved, PRO-free/direct-licensed sources unless a separate licence is in place.
Public statements: Any public statement we make about music usage (e.g., in negotiations, audits or regulatory contexts) is supported by our logs and schedules and may include a breakdown of total opening hours vs. hours with music for the relevant period.
Silence policy: Where required for compliance, member comfort, or operational reasons, we may adopt a Zero-Speaker setting (silence) for any period, zone, or full site.
Summary: We do not play music all the time; when we do, it is background only and typically from PRO-free/direct-licensed sources. We document playtimes to support these claims.
Member Personal Audio Recommendation (Headphones)
Headphone-first experience: We recommend members use their own personal devices and headphones for gym-only training.
Venue system vs. personal choice: Venue background audio is ancillary. Members who desire specific tracks, volumes, or genres should rely on personal headphones to tailor their experience.
Respect & safety: Personal audio devices must be used safely (awareness of surroundings) and in a way that does not disturb other members or staff.
Summary: We encourage personal headphones for individual training; venue audio remains a low-volume ambience.
Music Rules for Classes (Group & Small-Group)
Background only: In classes, music remains background. Coaching instructions, timing, and exercise cadence are not synchronised to music.
Sources: Only PRO-free/direct-licensed catalogues (including SJE content) or approved licensed music may be used.
No choreography to music: There is no instructor-timed, choreographed or tempo-dependent use of music unless a specific, documented licence is obtained in advance and the class is designated accordingly.
Volume discipline: Class music is kept to reasonable background levels to ensure audibility of safety instructions.
Contingencies: If approved sources are unavailable, the class proceeds without venue music; members may use personal headphones where appropriate.
Summary: Class music is background only and drawn from approved sources; no choreographed/timed use without separate licensing and explicit approval.
Appropriate Use of Music in Our Facilities
Background use only across all areas unless separately authorised.
Volume and environment: Reasonable background level suitable for conversation and training.
Zones: Each audio zone uses only approved sources and, once available, the SJE Records Aggregator App.
Television: TV audio remains muted; captions on where appropriate.
Personal devices: Members may use headphones. Staff/members must not route personal devices to venue speakers.
Staff, Coaches & Contractors – Obligations
Use only approved devices and sources; do not play personal playlists or connect phones to speakers.
Follow zone schedules and approved playlists (including silent periods).
Report any unapproved playback immediately via the incident process.
Complete Music Compliance training on induction and annually.
Avoid any class format relying on timed cues/choreography unless specifically licensed and approved.
Support the headphone-first member recommendation.
Technical Controls (Compliance by Design)
Devices: Dedicated, locked-down tablets/players per zone (MDM applied).
Network: Block access on playback devices to consumer platforms and broadcast streams (e.g., Spotify, Apple Music, YouTube, SoundCloud, radio/TV audio).
Scheduling & silence: Systems enforce scheduled silent windows and prevent ad-hoc playback during those periods.
Attribution display: For CC BY/CC BY-SA tracks, display rolling attribution on a screen or internal web page and archive monthly copies.
Fail-safe: If rights validation fails, playback must not start.
Documentation, Logging & Attribution
Maintain a central repository of supplier contracts, licence certificates/letters, APRA licence-back letters, PPCA direct-licensing documents, and creator direct licences/correspondence.
Log time-stamped plays by zone for every track (identifier, source, ISRC/ISWC or CC URL/licence, start/stop time) and retain records for at least five years.
Provide attribution for Creative Commons content (Title; Artist; Source URL; Licence type; changes, if any) via on-screen or web-page notices and archive monthly copies.
Preserve usage factor summaries (open hours vs. hours with music) for audit and negotiation purposes.
Incident Response (Unapproved Playback)
Stop playback immediately and switch to an approved source or silence.
Notify the Site Manager and Compliance the same business day.
Record the incident (who/what/when/where/source).
Remediate the cause (remove rogue input/app, reinforce network blocks, retrain staff).
Assess with Compliance whether mainstream repertoire was used and if remedial licensing/notifications are required.
Privacy, Data & Security
Usage logs are track/zone-based and do not contain member personal information.
Logs/licences are stored securely with role-based access controls, consistent with the Privacy Act 1988 (Cth) and internal information-security policies.
Change Management & Governance
Any change to sources, schedules, zones, or playback devices requires Compliance approval before rollout.
During service outages, default to SJE-only content or silence until an approved alternative is confirmed.
Conduct quarterly internal audits and an annual legal review to align with changes to the Copyright Act, APRA/PPCA/OneMusic practice, AI platform terms, or supplier licences.
Statement to Rightsholders & Partners
We welcome direct licensing discussions and usage-verified remuneration pathways.
Rightsholders who believe their works have been used outside the permissions reflected here may contact us with title/ISRC/ISWC, time, location, and any licence references for prompt investigation.
Disclaimer
This page expresses Elements4Life’s current operational approach and commercial position. It is not legal advice and does not limit any rights or obligations under the Copyright Act 1968 (Cth) or other applicable laws.
We reserve the right to update this page without notice as laws, suppliers, platform terms, and our practices evolve.
Member Personal Audio — Consent, Conditions & (Optional) Direct Connect Pilot
Personal Devices & Headphones (Default Position)
Member acknowledgement. By training at Elements4Life, each Member consents to and acknowledges that they may play their own music on their own personal devices (e.g., phone, smartwatch) via personal headphones/earbuds for personal, private listening during workouts.
Own playlists & platforms. Members may use their own playlists and preferred apps/platforms (e.g., Apple Music, Spotify, YouTube Music, personal MP3s) only through headphones/earbuds.
No connection to venue speakers. Members must not connect personal devices to any venue loudspeakers, mixers, or shared audio systems, nor play audio that is audible to other patrons, unless expressly authorised in writing under the “Direct Connect Pilot” (below).
Safety & etiquette. Headphone volume must allow situational awareness and the ability to hear staff safety instructions at all times. Personal audio must not disturb other Members or staff.
Why this matters (legal note): Headphone use is personal/private listening. By contrast, connecting a device to venue speakers or otherwise making audio audible to others may constitute a public performance that triggers licensing obligations under the Copyright Act 1968 (Cth). The default rule above protects Members and the business.
(Optional) “Direct Connect” Personal Audio Pilot — Strict Conditions
This subsection applies only if enabled for a particular space/time by Elements4Life. If not enabled, the default headphone-only rule applies.
Pre-approval required. A Member may apply to book a Direct Connect Personal Audio Session in a designated space/time. Written approval from Elements4Life is required before any connection to venue hardware.
Approved content only (rights-safe). During a Direct Connect session, the Member may play only:
SJE Records catalogue expressly permitted for venue playback; and/or
PRO-free/direct-licensed or public-domain/Creative Commons tracks that permit commercial public performance in Australia (CC BY or CC BY-SA only; no NC/ND licences), and
any other catalogue explicitly pre-approved by Elements4Life in writing.
Mainstream repertoire administered by APRA AMCOS/PPCA/OneMusic is not permitted unless Elements4Life holds a suitable licence for that use.
Member declaration (copyright & permissions). Before each session, the Member must sign a copyright declaration confirming they:
hold or have obtained the necessary permissions to publicly perform the selected tracks in Australia for the duration and purpose of the session;
will comply with all limits set by Elements4Life (volume, duration, track sources, content standards); and
will provide track lists/links on request for audit and rights verification.
Technical controls & logging. Elements4Life may:
route the connection through a managed input that logs time-stamps/track IDs where feasible;
restrict volume; enforce time limits and silent windows; and
terminate the session immediately for any non-compliance or safety reason.
No recording of others / privacy. The Member must not record other Members or staff, capture conversations, or otherwise collect personal information during the session.
Liability & indemnity. The Member accepts full responsibility for the lawfulness of any content they play and indemnifies Elements4Life against claims, costs, or liabilities arising from their selection or transmission of content.
Staff discretion. Staff may refuse, pause, or end any session at their sole discretion, including to maintain safety, comfort, or legal compliance.
Important legal reminder: A Direct Connect session, if audible to others, may constitute public performance under the Copyright Act 1968 (Cth). This is why Elements4Life (i) limits content to SJE/PRO-free/CC-permitted sources (unless a suitable licence is in place), (ii) requires pre-approval and declarations, and (iii) maintains the right to log/verify usage or to terminate any session.
Enforcement & Breach
Any breach of this clause may result in immediate termination of a Direct Connect session, temporary or permanent withdrawal of Direct Connect privileges, and/or disciplinary action under club rules (including potential suspension or cancellation of membership for repeated or serious breaches).
Elements4Life may notify relevant rightsholders or authorities where required by law and will cooperate with lawful requests.
Updates & Relationship to Other Policies
This clause operates alongside the Music Policy & Copyright Declaration, the Member Code of Conduct, the Privacy Policy, and any site-specific rules.
Elements4Life may amend, suspend, or discontinue the Direct Connect pilot at any time without notice to protect safety, comfort, and legal compliance.
Optional “Member Consent” wording for your sign-up flow
Member Personal Audio Consent
I acknowledge that I may play my own music on my own device via headphones/earbuds for personal listening only. I will not connect my device to any venue speakers or play audio audible to others unless I have received written approval for a Direct Connect Personal Audio Session and I comply with all conditions, including use of SJE/PRO-free/CC-permitted content (or other content explicitly approved by Elements4Life). I accept responsibility for my content and will follow staff directions at all times.
Summary
Elements4Life uses background-only music from direct-licensed, PRO-free, CC/PD, and vetted AI-generated sources, with a strong preference for SJE Records content and a rights-gated aggregator. We keep contracts, logs, attribution notices, and usage-factor summaries to ensure compliance and support accurate, usage-linked payments to artists, while asserting our Commercial Exposure & Remuneration Position for any third-party brands or content presented to our private member base. Members are encouraged to use personal headphones for gym-only training; classes, where offered, use background-only music from approved sources and never rely on choreographed or tempo-dependent playback unless separately licensed and expressly approved.
