MCPS Membership Agreement (MA2) - PRS

MCPS MEMBERSHIP AGREEMENT - MA2Page 25ANNEX RELATING TO MULTIMEDIAWhereasA. Multimedia products are being made available which reproduce copyrightMusical Works.B. MCPS and the Member have agreed that MCPS should seek to ensure thatsuch products are properly licensed by laying down the terms andconditions for such licences and by entering into licence agreements withusers.C. This Annex sets out some clarifications and variations to the current MCPSMembership Agreement to enable MCPS to do this.Now it is hereby agreed as follows:1. MULTIMEDIA COPIES1.1The Member agrees and confirms that MCPS's powers and duties under thecurrent MCPS Membership Agreement (MA2) apply to Multimedia, and that theexpression "Sound-Bearing Copies" in MA2 extends to Multimedia.1.2The expression "Multimedia" shall mean any interactive Optical Disc productwhich incorporates or reproduces or is capable of reproducing as digital data thesounds of one or more Musical Works with other data types (whether or not ofMusical Works) such as film, video, graphics or text. By way of example only, thisshall include all interactive music-based products, feature films, karaoke, games,training and educational products, and informational and biographical products.2. MCPS's POWERS OF AGENCY2.1Subject to Clause 2.2 below, the Member therefore agrees and confirms for theavoidance of doubt that MCPS's powers of agency under MA2 in relation toMultimedia include the powers referred to in Clause 1.2 of MA2 inter alia toinstitute and operate Schemes and Codes of Practice and to negotiate and enterinto Agreements which extend to or include Multimedia.2.2MCPS agrees and confirms that its powers of agency are subject to the conditionsin Clause 1.4 of MA2 relating to the requirement of Board approval2.3The Member's option contained in Clause 4.3 of MA2 shall not apply in relation toMultimedia. However, the Board shall require that the grant of any licence by