|
||||||||||||||||||||
|
||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||
Account Questions
Searching Questions
Licensing Questions
Downloading Questions
OtherAccount Questions
What are the benefits of becoming a registered member of PointClassics.com?
Can I listen to tracks without becoming a member?
Can I make changes to my account? Searching QuestionsHow do I search for tracks? What is the Familiarity search criteria? When I do a search, how are the selections sorted? I'm not getting any search results?
I'm getting too many search results? Can I save my searches? How can I load my previously saved searches? I can't find the track I want? Licensing QuestionsDo I have to secure separate licenses for the master recording and synchronization? Can I license more than one track at once? If I have licensed a track, can I send copies of it to my friends? Can I send a music file to my production staff for evaluation and pre-production? How are the fees calculated? Can I see a rate card? How do I license tracks? Can I save/hold tracks that I want to license at a later date? Can I view the tracks I've previously licensed? Can I get a blanket or a large volume deal? How do I pay? To whom do I make checks payable? Downloading QuestionsCan I download and use the preview MP3? What format can I get music in? What if I'm downloading my hi-res MP3 and my connection is interrupted? What if I want to dowload a licensed track at a later date? How do I get around my company's firewall? What is a firewall? Rate Card
Sample LicensePOINT CLASSICS This AGREEMENT ("Agreement") made entered into as of {date} between Point Classics L.L.C., a California corporation located at PO Box 6727, Malibu, CA 90264 (hereinafter "PC") and {company} located at {address} hereinafter "Licensee"). WHEREAS, PC is authorized to grant certain rights on behalf of certain labels, artists, music publishers and writers ("Content Provider(s)"), which own or control the copyright in and to (i) the sound recording ("Master") and (ii) the underlying musical composition including Artist's performance or lyrics, if applicable, ("Composition") described on Schedule "A", attached hereto, hereinafter referred to as the "Work"; WHEREAS Licensee is engaged in the production of an Audio-Visual production, presently entitled (the "Project"); and; WHEREAS Licensee desires to utilize the Work in connection with the production and exploitation of the Project and as otherwise provided herein. NOW, THEREFORE, in consideration of the promises, conditions, covenants and warranties herein contained, PC, on behalf of Content Provider, grants to Licensee, its successors and assigns, the non-exclusive right, license and privilege in respect of a use of the Work in connection with the production and exploitation of the Project during the term ("Term") and within the territory ("Territory") as indicated on Schedule "A". 1. Fees. In consideration for the license granted hereunder, Licensee shall pay to PC the Fee(s) indicated on Schedule "A". Failure to pay any and all Fees due hereunder shall result in termination of this license, rendering any further use of the Work actionable as an act of willful copyright infringement, subject to any and all remedies. 2. Performance Rights. a) It is understood that any and all public performance(s), including all Internet performances on Licensee's Web site, of the Project are subject to the clearance of applicable public performance rights through ASCAP, BMI or SESAC, whichever Composer is affiliated within the USA, or, if outside the USA, by performing rights societies in such countries of the Territory in accordance with their customary practices, payment of their customary fees, and submission of any required reports or forms. Licensee shall obtain a license for Internet performance rights from the relevant performing rights society. Performance fees are not applicable for works deemed in public domain worldwide. b) With regards to Internet performances, it is understood that no rights are granted for use by any third party with respect to any digital performance rights in and to the sound recordings, which are or may be implicated in the uses contemplated herein. 3. Trailers. All uses and performances of the Work authorized hereunder in respect to television, videogram and motion picture Projects shall also be deemed authorized in respect of "in-context" trailers as defined herein. 4. Soundtrack Recordings. In the event that Licensee releases a Soundtrack as defined herein, Licensee shall be required to pay a Fee as indicated in Schedule "A" attached hereto prior to the release of the Soundtrack. Payment of said Fee releases Licensee from any future obligation created by Copyright Act of 1976, Title 17 United States Code with respect to payments for mechanical license fees due composers and publishers or synchronization fees that would be due to the copyright owner of the Master recording. If for any reason, the Fee is not paid prior to the release of the Soundtrack, PC herein reserves the right to demand payment at the prevailing statutory rate pursuant to the Copyright Act of 1976, and seek all available remedies thereby available under law. 5. Credit. In the event that Licensee accords credit to any licensed musical work utilized in the Project, it shall accord credit for the use of the Work in the following form or substantially similar: {Composition} All other aspects of such credit shall be at Licensee's sole discretion. No casual or inadvertent failure by Licensee or third party distributor of the Project to accord such credit shall constitute a breach of this Agreement. 6. Changes, Alterations, Title/Story Uses. This license does not include any right or authority to make any change in the fundamental character of the music or lyrics of said Work, including, without limitation, the right to (i) intersperse or combine the Work with any other musical materials; (ii) use the title or the subtitle of the Master or any simulation thereof as the title of the Project; (iii) use the story of the Work; or (iv) make any other use of the Work not expressly authorized herein. 7. New Use/Re-Use Payments. Licensee agrees to pay any and all so-called new use and/or re-use fees, if any, required to be paid under applicable collective bargaining agreements. 8. Reservation of Rights. PC, on behalf of itself and Content Provider(s), specifically reserve unto itself all rights of every kind and nature, whether now known or hereafter in existence, except those specifically granted to Licensee hereunder. Without limiting the foregoing, Licensee understands that no rights are granted with regards to recording the Work on any phonorecords or sound recordings other than as embodied in the audio-visual Project described herein or as specifically agreed to pursuant to the Soundtrack provisions herein. 9. Warranties. a) PC warrants only that it has the legal right to grant this License on behalf of Content Provider(s). This license is granted and accepted without any other warranty or recourse. PC agrees to indemnify and hold harmless Licensee from and against any and all claims, costs, losses, expenses, damages, judgments and liability (including reasonable attorney's fees) which may arise as a result of or in connection with any breach of PC's representations and warranties provided, however, that in no event shall PC's total liability exceed the consideration paid by Licensee to PC hereunder. b) Licensee warrants that the Work licensed to Licensee shall be used only in accordance with the Project and this Agreement (including all restrictions and terms appearing on Schedule "A"), and that all information provided by Licensee to PC is accurate, complete and not misleading in any material respect. Licensee further warrants that it will comply with all requirements of the applicable performing rights societies as set forth in Paragraph 2(a) above, and will exercise due diligence and maintain strict safeguards to prevent unauthorized use or distribution of the Work. Licensee agrees to indemnify and hold harmless PC and Content Provider from and against any and all claims, costs, losses, expenses, damages, judgments and liability (including reasonable attorney's fees) which may arise as a result of or in connection with any breach of Licensee's representations and warranties, or any use of the Work beyond the scope of this Agreement. c) The indemnifying party's obligations hereunder are conditioned upon the indemnified party giving prompt written notice of any claim, action, suit or proceeding. 10. Limitations on Liability. In no event shall PC be liable for any indirect, special or consequential damages, including but not limited to loss of anticipated profits, in connection or arising from this Agreement. PC shall not be liable for any loss, damage, claim or liability arising from or related to any software program, data errors, digital transmission errors, failures, interruptions or delays, regardless of cause. 11. Assignment. Licensee shall have no right to assign its rights and obligations hereunder to any person, firm or corporation without the prior written consent of PC, except for an assignment by Licensee to any distributor or sub-distributor of the Project. This Agreement is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto; provided, however, that Licensee shall remain liable for the performance of all terms and conditions of this Agreement. 12. Termination PC shall have the right to terminate this Agreement upon any material breach of the terms or representations in this Agreement by Licensee if such breach is not cured within thirty (30) days following written notice to Licensee thereof. Upon expiration or termination, Licensee shall have no further right to use the Work licensed hereunder and any further use whatsoever shall be considered an act of copyright infringement. 13. Notices. All notices hereunder required to be given to the parties hereto and all payments to be made hereunder shall be sent to the parties at their addresses mentioned herein or to such other addresses as each party respectively may hereafter designate by notice in writing to the other. 14. Choice of Law. This Agreement shall be governed by and subject to the laws of the State of California applicable to agreements made and to be performed entirely therein. In case of dispute, jurisdiction and venue shall be the Superior Court in Los Angeles, CA. This Agreement represents the entire agreement of the parties with regard to the subject matter hereof and may not be altered except by written agreement signed by all parties. AGREED AND ACCEPTED: POINT CLASSICS L.L.C. LICENSEE SCHEDULE "A" NON-EXCLUSIVE RIGHTS GRANTED: DEFINITIONS: A) Motion Picture Broad Rights. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation in all media now known or hereafter devised, including, without limitation, theatrical and non-theatrical exhibition and broadcast on all forms of television, including network, non-network, local or syndicated broadcasts, pay television, cable television, subscription television, CATV, DBS, closed circuit television, and common carriers as provided for herein, and to import and export film copies of any gauge of the Project embodying the Master and Composition (i.e. the Work) all in accordance with the terms, conditions and limitations set forth in the Agreement. Includes Videogram Rights & In-Context Trailer Rights as described in B) and C). B) Videogram Rights. The right throughout the TERRITORY to cause or authorize the fixing of the Work in and as part of the fixing of the Project on any and all audiovisual devices, whether now known or hereinafter devised, which exhibit the project solely in a non-interactive linear progression, including, without limitation, video cassettes and video discs, and to sell, lease or otherwise make such videograms available to the public as a device intended primarily for "home use" (as such term is commonly understood in the entertainment industry.) Notwithstanding anything to the contrary as may be contained herein, in the event that a per copy rate for the exercise of the rights granted pursuant to this Paragraph becomes payable with respect to Videograms manufactured, leased or sold in a particular country or sub-territory, other than the United States and Canada, either by (a) operation of law, (b) by agreement between a society or other organization collecting a significant portion of the music publishing revenues in said country or sub-territory and the manufacturers or distributors of Videograms, or (c) by custom and practice within said country or sub-territory, Licensee or its affiliates, agents, licensees or sub-licensees, shall either pay such royalty to Content Provider with respect to said country or its sub-territory, or delete the Work from the Project with respect to said country or its sub-territory. C) In-Context Trailers. The right throughout the TERRITORY to use and perform the Work as authorized herein in respect to Trailers, ads and promos, (as used in the Project) to advertise and publicize the Project. D) Out-of-Context Trailers. The right throughout the TERRITORY to use and perform the Work as authorized herein in respect to Trailers, ads and promos, (out of context with the use in the Project) to advertise and publicize the Project. E) Soundtrack Release. The right throughout the TERRITORY to release the Work as part of a commercially released phonorecord, in any and all audio formats, whether now known or hereinafter devised, including, without limitation, cassette, CD, and DVD. F) Motion Picture Preview Trailer Broad Rights. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the visual elements of the Trailer and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation in all media now known or hereafter devised, including, without limitation, theatrical and non-theatrical exhibition and broadcast on all forms of television, including network, non-network, local or syndicated broadcasts, pay television, cable television, subscription television, CATV, DBS and closed circuit television, including common carriers, and to import and export film copies of any gauge of the Trailer embodying the Master and Composition (i.e. the Work) all in accordance with the terms, conditions and limitations set forth in the Agreement. G) Motion Picture Trailers Television Only. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the visual elements of the Trailer and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for the distribution, exhibition and broadcast on all forms of television, including network, non-network, local or syndicated broadcasts, pay television, cable television, subscription television, CATV, DBS, and closed circuit television. H) Motion Picture Trailers Videogram Only. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the visual elements of the Trailer and as so synchronized to manufacture and distribute such recordings in the form of videocassettes, videodiscs, CD-ROMS, and other secondary sound carriers intended primarily for private home viewing. I) All TV. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation via all forms of television, including free television, network, non-network, local or syndicated broadcasts, cable television, pay television, subscription television, CATV systems, DBS or otherwise, including exhibition on common carriers, as provided for in the Agreement. J) Free Television Only. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form, or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation via all forms of free television, including network, non-network, local or syndicated broadcasts (not cable transmission or CATV television), as provided in the Agreement. K) Basic Cable. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation via cable television and CATV systems or via any form of receiver for which a fixed fee is charged to the viewer for the viewing of the Project as part of a program of viewer selections. L) Pay and Subscription TV Only. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form, or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition and exploitation via cable television, pay television, subscription television, CATV systems, DBS, or via any form of receiver for which a fixed fee or subscription fee is charged to the viewer for the viewing of the Project alone or as part of a program of viewer selections. M) Foreign Theatrical Rights. The right to exhibit a television production containing the Work in any foreign theatre. N) Videogram Only. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the Project and as so synchronized to cause or authorize the fixing of the Work on any and all audiovisual devices, whether now known or hereinafter devised, which exhibit the Project solely in a non-interactive linear progression, including, without limitation, video cassettes and video discs, and to sell, lease or otherwise make such videograms available to the public as a device intended primarily for "home use" (as such term is commonly understood in the entertainment industry.) Notwithstanding anything to the contrary as may be contained herein, in the event that a per copy rate for the exercise of the rights granted pursuant to this Paragraph becomes payable with respect to Videograms manufactured, leased or sold in a particular country or sub-territory, other than the United States and Canada, either by (a) operation of law, (b) by agreement between a society or other organization collecting a significant portion of the music publishing revenues in said country or sub-territory and the manufacturers or distributors of Videograms, or (c) by custom and practice within said country or sub-territory, Licensee or its affiliates, agents, licensees or sub-licensees, shall either pay such royalty to Content Provider with respect to said country or its sub-territory, or delete the Work from the Project with respect to said country or its sub-territory. O) Games. The right throughout the TERRITORY to synchronize the Work in timed relation with the visual elements of the licensee's interactive game production, and as so synchronized to cause or authorize the fixing of the Work on any and all audiovisual devices, whether now known or hereafter devised, which exhibit the game in interactive linear progression, and to sell, lease or otherwise make such games available to the public as a device intended primarily for "home use" entertainment. P) Corporate. The right throughout the TERRITORY to fix and record the Work in any manner, medium, form or language in synchronization or timed relation with the Project and as so synchronized to make copies of such recordings in the form of negatives and prints necessary for distribution, exhibition, exploitation and broadcast in all media now known or hereafter devised, by a corporation for public, in-house and business-to-business presentations (excluding advertising campaigns). Q) Internet Performance. The right throughout the TERRITORY to publicly perform the Work via the Licensee's Web Site to the extent allowed by local law or custom. R) Student Film/Production License: The right to synchronize the Work in timed relation with the visual elements of the licensee's student film production, and does not include the creation of advertising, trailers, videograms, tapes or discs or other ancillary uses. Student licenses are only to be exhibited, performed or otherwise used by currently enrolled students of accredited educational institutions for academic purposes and do not include (1) the right to make multiple copies or (2) perform the music as embodied in the film for any non-academic purposes.
Point Classics, 11908 Ventura Blvd. Ste. 202, Studio City, CA 91604 | ||||||||||||||||||||||||||||||||||||||||||||
FAQCopyright © 2001-2005 Point Classics, Michael Chaney Consulting Corporation, all rights reserved