MCPS Membership Agreement (MA2) - PRS

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MCPS MEMBERSHIP AGREEMENT - MA2Page 344.5A new definition shall be inserted as Clause 16.19 as follows:16.19 "Online Copy" means any Sound-Bearing Copy made pursuant toan Online Licence Agreement4.6A new definition shall be inserted as Clause 16.20 as follows:16.20 "Online Licence Agreement" means any licence agreement enteredinto pursuant to an Online Licensing Scheme between MCPS and one ormore copyright users or a body representative of such users which shall besubject to the terms of that Online Licensing Scheme4.7A new definition shall be inserted as Clause 16.21 as follows:16.21 "Online Licensing Scheme" means a Licensing Scheme pursuant towhich Works (with or without any associated data such as text or visualimages, whether or not any such associated data is licensed by MCPS) areexploited in the following manner16.21.1 one or more Sound Bearing Copies are stored on a DataStorage Device to be made available to users by means oftelecommunications networks (whether by wire or wireless meansor a combination of both)in such a manner that16.21.2 the Sound Bearing Copy or Copies reside(s) on the user'sData Storage Device (either temporarily or permanently) or16.21.3 the user is able to access the Sound Bearing Copy orCopies during the delivery but no permanent copy resides on theuser's Data Storage DeviceFor the avoidance of doubt the above definition excludes traditionalterrestrial, satellite and cable, radio and television broadcastservices (whether analogue or digital) and near-audio or near-videoon demand services as both such expressions are commonlyunderstood as at 9 October 2001 (by way of example pay per viewor pay per listen) and similar services which are in a formdetermined by the provider of the service and which require noaction on the part of the individual consumer other than simplyturning on the reception equipment and where appropriatechoosing from a selection of services whether following a paymentfor the service or not (a "Broadcast Service"). However where aservice is so excluded then the Board shall have the right to requirethat the simultaneous transmission of such service in the mannerdescribed in sub-clauses 16.21.1 to 16.21.3 (but which is nototherwise a Broadcast Service) may be licensed in accordance withthe Blanket Licensing Scheme or Blanket Licence Agreement forthat service and thus is not subject to the terms of the OnlineLicensing Scheme.For the further avoidance of doubt, the fact that the definition of anOnline Licensing Scheme includes Blanket Licensing Schemes doesnot affect in any way the obligations of MCPS to follow theprocedures set out in clauses 4.8., 4.9. and 4.10.
MCPS MEMBERSHIP AGREEMENT - MA2Page 354.8References in this Annex to Clauses are references to clauses of MA2 unless thecontext implies otherwise.4.9For the avoidance of doubt and save as expressly provided in this Annex theprovisions of MA2 remain otherwise unaffected by this Annex.5. Commencement5.1This annex shall take effect from 1 January 2002 in relation to those memberswho have accepted before that date. The Board shall however have the right toterminate the Annex with effect from 1 March 2002 provided that MCPS giveswritten notice to the member prior to that date.5.2As regards any other Members, the date when the Annex takes effect will beagreed with them, but the Board shall retain the right referred to in clause 5.1 asregards any Member who accepts the Annex before 1 March 2002.5.3This Annex may only be terminated if the Member terminates his membership ofMCPS and notice of termination under Clause 15 of MA2 shall be deemed toinclude notice of termination of this Annex.
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MCPS Membership Agreement (MA2) - PRS

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