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DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

17.117.217.317.417.517.

17.117.217.317.417.517. PRODUCER ACTING FOR THIRD PARTIESIf the Producer undertakes or arranges pressing of Discs forany other party (whether this is a third party, a licensee oraffiliate), the Producer must inform the Society in writing ofthe identity of that party.On compliance with clause 17.1, the Society confirms that itwill not seek to recover royalties from or pursue any otherremedy against the Producer in relation to such Discs, subjectto the provisions of clause 17.4.The Producer hereby agrees that it will not undertake orarrange pressing of Discs reproducing one or moreRepertoire Works for any third party which either:(a) does not have a current agreement with the Society(in this form) unless the Society has expresslyauthorised the Producer to carry out or arrange thesame, such authorisation not to be unreasonablywithheld or delayed; or(b) is in material breach of such an agreement, if theSociety has notified the Producer of that breachand required the Producer to cease undertaking orarranging such pressing until such breach isrectified.The Producer agrees that it will bear joint responsibility withthe third party for any pressing carried out in contraventionof clause 17.3.In all cases, the Producer shall use its best endeavours toensure that the Society has every facility for checking pressingundertaken or arranged for third parties. Where the relevantDiscs reproduce one or more Repertoire Works, theProducer shall send to the Society copies of the relevantdelivery or despatch notes or equivalent documentationindicating by Catalogue Number the quantities despatchedand the name and address of the person, firm or companyto whom they were despatched.19.119.2approved list (a copy of which will be supplied onrequest to the Producer by the Society, with anychanges thereto promptly being notified to theProducer); or(b) the Society consents, such consent not to beunreasonably withheld or delayed.19. NOTIFICATIONS OF INTENDED RELEASEThe procedure set out below need not be complied with bythe Producer as regards Discs in the Producer's catalogueprior to the Commencement Date provided that:(a) the Producer has complied with its copyrightobligations in relation thereto as regards the periodprior to the Commencement Date; and(b) the Producer has given sufficient information tothe Society to enable the Society to verify that it hasthe relevant details of such Discs on its database orto incorporate such details on its database.In such cases, the Society will send the Producer theinformation referred to in clause 19.5 in relation to suchDiscs as soon as practicable after the Producer has suppliedthe Society with such information.In relation to each Disc by Catalogue Number and RelevantFormat thereof, the Producer shall deliver to the Society aNotification of Intended Release fully and accuratelycompleted, save in relation to any information which it is notpossible to obtain. This applies whether or not the relevantmaster recording was made by or for the Producer orassigned or licensed to the Producer. For the avoidance ofdoubt:(a) when a Disc has been deleted from the Producer'scatalogue, but is later to be re-issued, a newNotification of Intended Release must besubmitted; and18.118.218. CO-EXPLOITANTSThe Producer shall use its best endeavours to procure that itsCo-Exploitants:(a) at no time act or fail to act in such a way as wouldcause the Producer to be in breach of thisAgreement;(b)co-operate fully with the Society and itsrepresentatives in the application of thisAgreement.In exercising the Licence to make Discs, the Producer mayonly use a Co-Exploitant so to make such Discs if:(a) such Co-Exploitant appears on the Society's19.319.419.5(b)a Notification of Intended Release must besubmitted whether or not the Producer believesthat the Disc contains any Repertoire Work.Save in exceptional circumstances not caused or occasionedby the Producer's neglect or default, the Notification ofIntended Release must be delivered to the Society at least 7working days prior to first release of copies of the Disc.A new Notification of Intended Release must be delivered tothe Society in the event of any material change to theinformation referred to in clause 19.11. The Producer mustalso notify the Society if it subsequently decides not to releasethe relevant Disc.Upon receipt of such Notification of Intended Release, theSociety shall process the same and send notification to theProducer of the following information not later than the 7th

19.619.719.819.9working day following receipt of the accurate and properlycompleted Notification of Intended Release:(a) where the Society is making a claim on behalf ofone or more Members, the identity of that Memberor those Members;(b) the share which that Member or those Membersclaim in the relevant Musical Work;(c) the royalty percentage per track;(d) any status referred to in clause 19.9;(e) the Society's code number for the relevant Disc;(f) the Society's code number for each relevantRepertoire Work; and(g) in relation to each Musical Work referred to in theNotification for which the Society is making aclaim, whether or not consent is being refused byreason of such a limitation or restriction as isreferred to in clauses 2.4 or 6, and the identity ofthe Member refusing that consent.Subject to clauses 19.7 and 19.8 below, the Licence shall applyin respect of every Repertoire Work reproduced on the Disc,and the Licence shall take effect even if the Society notifiesthe Producer that the Musical Work has one of the statusesdescribed in clause 19.9 below.In relation to the rights reserved as referred to in clause 2.4,the Licence shall not apply until all the relevant Members orAssociated Society Members owning or controlling the rightsin the relevant Musical Work(s) have consented to the grantof the Licence in accordance with this Agreement.Where there are joint owners of a Musical Work, and theSociety does not represent all the parties owning orcontrolling the rights in such Musical Work, the Licence isnot a licence for the joint owner(s) whom the Society doesnot represent.The statuses referred to in clause 19.5 are:(a) NS (non member);(b) SAI (copyright status not known at present);19.11an interest therein has been transferred or reverted to anon-member), then the Society shall promptly notify theProducer unless the Disc on which the Musical Work wasreproduced has been deleted from the Producer's catalogue.The Notification of Intended Release shall be in the formappearing in Annex A to this Agreement or such other formas may have been agreed between the Society and theProducer PROVIDED THAT:(a) the minimum information which the Producer isobliged to furnish is:(i) the Producer's name and address;(ii) the label of the Producer on which the Disc willappear;(iii) the title of the Disc;(iv) the name of the main artist, broken downinto tracks where the main artist is differenton different tracks, (by way of example,compilations);(v) the Relevant Format of the Disc;(vi) the Catalogue Number;(vii) the number of Discs, i.e. if double pack,boxed set etc;(viii) the scheduled release date, where available;(ix) the number of tracks;(x) the titles of the Musical Works;(xi) the writer/composer/arranger of eachMusical Work;(xii) the track sequence number, where available;(xiii) the duration of each Musical Work;(xiv) whether the track in whole or in partconsists of a medley unless the Producerhas supplied the track sequence numbers inrelation to that Disc;19.10(c) PAI (copyright owner not known at present);(d) Public Domain work.Where the Society has notified the Producer that a MusicalWork is in whole or in part a Repertoire Work, andsubsequently such Musical Work or a share in such MusicalWork or an interest therein ceases to be a Repertoire Work(either because the relevant Member has ceased to be aMember or because the copyright in such Musical Work or19.12(b) the Society will accept the Producer's label copyinstead of a Notification of Intended Releaseprovided that it contains or has added to it therequired information.The Producer shall procure that each Disc is given a uniqueCatalogue Number applicable only to Discs with the samecontent and configuration of tracks. Each Relevant Formatthereof must bear either a different Catalogue Number or adifferent prefix or suffix within that Catalogue Number.

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