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DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

This

This AGREEMENT is made onBETWEEN:(1) MECHANICAL-COPYRIGHT PROTECTION SOCIETY LIMITED whoseregistered office is at 29-33 Berners Street, London W1T 3AB ("the Society")contracting for itself and on behalf of its Members and those Associated Societies(both as defined below) it represents;and(2) of("the Producer'")IT IS HEREBY AGREED as follows:2. RESTRICTIONS ON LICENCE1.11.21.31.41. GRANT OF LICENCESubject to the terms and conditions of this Agreement (and,in particular, the restrictions set out in clause 2) the Societyhereby grants to the Producer the following non-exclusivelicences to do the following acts in the United Kingdom:(a) make audio-visual master recordings embodyingone or more Repertoire Works for the purposereferred to in clause (b) below;(b) make audio-visual copies of such master recordingsin the form of Discs with a view to their retail saleto the public for private use;(c) put such Discs as have been made under clause (b)hereof into circulation with a view to such sale.Subject always and without prejudice to the restrictions andexclusions set out in this Agreement, the Licence shall applyto Discs comprising a Music Product in a Relevant Format.If a Producer disagrees with the Society as to whether aproduct falls within the definition of Music Product forlicensing purposes the Producer may refer the issue to theIndustry Panel for adjudication.In relation to each Disc separately, the Licence shall beconditional upon the Producer not being in such materialbreach of any one or more of the following provisions aswould entitle the Society to terminate this Agreement underclause 27.1:(a) those relating to the payment of royalties;(b) those relating to the purposes for which Discs maybe made and/or supplied under this Agreement;(c) those relating to the circumstances in which Discsmay not be made and/or supplied under thisAgreement.2.1The Licence shall not apply in relation to a Disc, or in relationto a playable side of a Disc, in the following circumstances:2.1.1 Where that Disc contains more than twohundred minutes of music.2.1.2 Where all the Repertoire Works on the Disc oron a playable side of the Disc are synchronisedinto a film originally produced for theatricalrelease for which a valid licence for each andevery Repertoire Work has been granted to theProducer for reproduction and distribution inthe United Kingdom (in a Relevant Format).2.1.3 Where all the Repertoire Works on the Disc oron a playable side of the Disc are synchronisedinto an audio-visual production originallyproduced for television transmission for which avalid licence for all Repertoire Works included init has been granted to the Producer under abona fide licensing scheme permitting thereproduction and distribution of the Disc in theUnited Kingdom (in a Relevant Format). ThisClause does not apply to audio-visual productswhich comprise wholly or substantially ofpromotional pop videos where these form aMusic Feature within such product.2.1.4 Where a valid licence authorising thereproduction of all Repertoire Works on theDisc in a Relevant Format and their distributionin the United Kingdom has already been grantedto a Producer by an entity which is not aMember (as distinct from an Associated SocietyMember). This sub-clause is subject to theProducer having provided sufficient evidence ofthe relevant licence or grant of rights to theSociety not less than seven days before therelease of the Disc(s). For the purposes of thissub-clause "sufficient evidence" shall comprisecopies of the original licences issued by therelevant copyright owner(s) of the Repertoire

Works and shall include documentationdisclosing the product name, territory, rightsgranted and details of the parties (but not anycommercial terms which are confidentialbetween the parties). In addition, full details(meaning such information as is set out in clause19.11 of this Agreement) of all RepertoireWorks included on the Disc must be provided.2.1.5 Where the Disc or a playable side thereofincludes a Game or Games as its main feature.Where a Game is included on a Disc but not as amain feature, Repertoire Works within the Gameshall not be licensed under the Agreement butRepertoire Works included on such Disc otherthan within the Game shall be licensable under theterms of the Agreement. For the purposes ofthis sub-clause, "main feature" shall mean theprinciple item (or collection of items) presentedon the Disc on the basis of which the Disc isprimarily promoted, marketed and/or advertised.2.1.6 Where a Disc(s) includes any Excluded WebLinks. An Excluded Web Link is a link to any site:(a) that contains content involving third partybranding or other associations to which thecomposers, writers or publishers of anyRepertoire Works may reasonably object onthe grounds that the branding or associationsimply an endorsement of any third partyproduct or service, a political party or cause,or sites of a violent, sexually obscene,religious or racist nature by the composer,writer or publisher of a Repertoire Workincluded on the Disc;(b) where the Producer has been paid whether incash or in kind in return for creating the link; or(c) where the site provides access to RepertoireWorks which are not licensed, save where theProducer has used its reasonable endeavoursto ensure that a valid licence has beenobtained for such Repertoire Works. Weblinks to official websites of Producers, artists,composers or publishers connected with aRepertoire Work are not Excluded WebLinks for these purposes.Where a web link does not fall withinthe definition of Excluded Web Links,the contents of the Disc shall, to theextent permitted under this Agreement, belicensed under this Agreement but theLicence shall not apply in any event toanything that is available online within thelink or linked content.2.1.7 Where any Disc is sponsored or includes any2.2form of sponsorship, whether within thecontent contained on the Disc or the packagingrelating to such Disc. The Licence shall notapply to any content on the Disc which consistsof any advertisement of whatsoever nature or toany Repertoire Work which is used in such amanner that a reasonable person might associatethat Repertoire Work with an advertisement.2.1.8 Where any Repertoire Work forms part of anyDramatico-Musical Work, in relation to thereproduction of:(a) the whole Dramatico-Musical Work; or(b) any excerpt(s) from such Dramatico-MusicalWork unless all of the followingcircumstances apply:(i) that which is copied or distributed underthis Agreement contains only excerpt(s)within the definition of PermittedExcerpts; and(ii) the Society has not notified the Producerin writing that its Member or theAssociated Society Member objects to thereproduction of any such Repertoire Work.For the purposes of this clause 2.1.8, the expression"Dramatico-Musical Work" shall include any version of suchwork (with or without cuts, additions, interpolations or thelike) which has been publicly performed. Furthermore, forthe avoidance of doubt, substantially the whole work shall bedeemed to be reproduced where all or nearly all the individualsongs or other music included in the work are reproduced.In any event, the Licence only applies to the relevantRepertoire Works and not (by way of example only) to anyunderlying dramatic or literary work which forms part of theDramatico-Musical Work or which such Dramatico-MusicalWork is based on or uses.Except where the Producer has obtained the express writtenpermission of the relevant Member (and satisfactoryevidence of such has been provided to the Society), theLicence shall not extend to or permit any adaptation of anyRepertoire Work to be copied or distributed under thisAgreement. By way of example only, this applies to:(a) making any arrangement of the music; or(b) making any alteration to the lyrics; or(c) any sampling (meaning the taking of part of themusic and/or lyrics of a Repertoire Work andincorporating such part into another MusicalWork) or the distribution or reproduction in theform of a sample of such part of a RepertoireWork; or

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