Offering to a virtual audience a live performance being given in a hall with reduced number of seats
This is just one of the numerous ways developed by theatres to stay with their audience in spite of the pandemic. In this case, SSA calculates the remuneration on base of the box office receipts at the same rate as the physical performance.
This calculation type applies only to transmissions at fixed times. If the audience may visualise the content at any chosen moment and from everywhere, the exploitation will be considered as VoD, to which other conditions apply.
Organisers should keep in mind that authorisations to perform and Contract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties.... contracts need to include clearly such a transmission and the recording of the performance.