thnks guys, witzendoz the deal is just distrubution i think, songs are recorded and ready they just release a digital ep of the tracks and distrubute it to different online shops. i wish i could afford a lawyer to help with this but cant atm, please if u guys could let me knwo if this is safe, thanks
The subject is the exclusive licensing of the unreleased musical works as mentioned in the end of the contract by the act “Bethany Bankston” and the necessary granting of rights for their exploitation according to German copyright regulations and further exploitation. All material, including copyright, sleeve and liner notes etc., required by Licensee will be delivered by Licensor.
2. Grant of rights:
A) Licensor grants Licensee the following exclusive rights :
a) to exploit, manufacture, market, distribute and sell the recordings under all labels of the licensor and under the act' s name in all types of digital and analogue formats and configurations of audio (-visual) sound carriers and via all other data carriers and using every possible technical methods and techniques,
b) to couple such recordings with other artists' works, to repackage and synchronize the recordings with visual images, also for advertising reasons, and to, after Licensor's permission, rework and remix the recordings,
c) to insert, save and distribute the recordings and their titles in digital download networks
d) to permit subsidiaries, affiliates and (sub-)licensees to exercise any or all of the rights granted in this agreement and to release the recordings under any trademark the Licensee or its sub-licensees may designate.
e) the necessary copyrights in the contractual works held by the artists and all other persons participating in the recording of the tracks.
f) the copyrights also belongs to the track names listed in the end of the contract. No remix versions containing the original name title are allowed to be released in any other label except licensee’s label.
B) Licensee grants Licensor
a) to free of charge advertise and promote records containing the licensed tracks in all media, to use and publish names and pictures of and biographical material about all performers for advertising, promotion and trade purposes.
b) to make the recordings available public via analog and digital broadcasting through radio, television and all other ways of digital and analog transmission, to publicly perform the recordings and to let them be performed
3. Warranties:
Licensor guarantees:
a) to be and to continue to during the term of this agreement be the owner of the recordings .
b) to in all respects have the right, also on behalf of other persons possibly involved in the production or writing of the tracks, to enter this Agreement and to fully perform the agreements of this contract.
c) that Licensee exercise of all rights granted shall not collide with any rights of any third party. Licensee shall be under no liability, restriction or prohibition in connection with the exercise of the rights granted in this agreement. This warranty is of essence of this agreement.
d) to save and hold Licensee harmless of any loss or damage arising from any claim by third parties because of rights granted. Licensor guarantees to be responsible in every meaning of all liability or claim that may result of adverse judgement against the licensee connected to the rights granted here.
e) that it will only give Licensee the rights to exploit the contractual works. Licensor also guarantees to for a period of fifteen years refrain from any exploitation of the works on audio (-visual) recordings and that neither it nor any person involved in the production of the tracks nor other third parties will exploit or re-record the contractual works in part or entirely or in other versions.
f) that during the exclusive period of this agreement and for exploitation on audio (-visual) recordings, Licensee will have the right to use the Licensors act's name for which Licensor holds all rights.
6. Remixes
a) Any order for remixes of the contractual embodied titles will only be given on unliterally
consent of licensee.
b) The remixed work of any track named in this contract is automatically exclusive and unlimited in the possession of the Licensee (Plusquam Records).
7. Term and Territory:
a) The exclusive term starts with date of the release of the contractual record and is 25 (twenty-five) years from this date. The term will then automatically each year be prolonged by one more year if no contractual partner cancels minimum twelve weeks prior to run-out of the respective contractual year. After a cancellation, Licensee will have a sell-off period of six months starting with the date of expiration. If there will be no written cancel within 3 (three) months after the expiring date of the original contract date the exclusiveness enters completely into Plusquam Records’ catalogue and owner within the country term laws of Germany.
b) The territory is the World.
8. Legal Proceedings, Claims and further agreed points,
a) Licensor hereby authorizes Licensee to enforce and protect all rights in and to the masters and the copyrights therein.
b) If any claim is presented against the Licensee which is inconsistent with any warranties, then Licensee shall notify Licensor and shall have the right to hold back all monies due until such claim has been finally settled.
c) In case any part or clause of this Agreement is deemed invalid, it shall be substituted by one coming closest to the common intention. Such invalidity shall not mean the entire contract is invalid.
d) Licensee may assign this contract or its rights in whole or part to a third party or its subsidiaries. Licensee may assign rights hereunder to any licensee. Licensor may not assign this agreement or any of its rights hereunder. No assignment shall relieve Licensee of its obligations and reduce or delay monies due to Licensor.
