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DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

DVD1 AGREEMENT NEIL JONES AMENDS 22 JULY.qxd - PRS

2.32.42.52.62.72.8(d)

2.32.42.52.62.72.8(d) using with music lyrics other than those written tobe used with the music or authorised for use withthe music; or(e) using with lyrics music other than that written to beused with the lyrics or authorised for use with thelyrics.The Licence shall not extend to:(a) any Disc where a Repertoire Work or part thereofis reproduced in the form of a parody or burlesqueof any Repertoire Work or of any composer orwriter of any Repertoire Work or any band or othergroup of artists which includes any composer orwriter of any Repertoire Work; or(b) any Disc where any Repertoire Work is used in anycontext which the Producer ought reasonably toconsider as being likely to be insulting ordetrimental to the composer or artist featured onthe commercially released sound recording of themusic or the relevant Member or AssociatedSociety Member.The Licence is subject to certain limitations in relation to theAssociated Societies' rights and these limitations are availablefrom the Society on request. Where the Society has provideddetails of such limitations, it will subsequently update theProducer with any changes thereto, if any.This Agreement only covers Repertoire Works. It does notextend to other rights or interests, including (by way ofexample only), sound recordings, films, dramatic works,performers' rights, moral rights or rights in performances.Nothing in this Agreement shall entitle the Producer toexercise the licences or authorisations contained in thisAgreement in relation to a particular Repertoire Workreproduced on a Disc where the appropriate waivers,consents and/or licences have not been obtained from theperson(s) owning or controlling the rights in relation to thatsound recording containing that Repertoire Work orperformers of that Repertoire Work.It is the responsibility of the Producer to obtain all necessarylicences in relation to any Musical Work which is not, or tothe extent that it is not, a Repertoire Work, and no licence isgranted under this Agreement in relation thereto.For the avoidance of doubt, the Licence does not extend tothe graphic representation of music or lyrics of MusicalWorks in any format whatsoever.Without prejudice to the generality of clause 2.7, the Licenceshall not apply to any Disc in which one or more RepertoireWorks are presented in a form such that the lyrics of thatRepertoire Work are reproduced graphically on the screen asthe music plays, for the primary purpose of viewers beingable to sing along to the Repertoire Work as the music plays(such as, without limitation, karaoke tracks) unless the2.92.102.112.122.133.13.2Member(s) (or other persons) controlling such graphic rightshave given their written consent and any applicable licencefees have been duly paid.Without prejudice to the generality of clause 2.1.8, theLicence shall not apply to any Disc reproducing a liveperformance of classical music (as that term is commonlyunderstood within the music industry) unless the Member(s)controlling the Repertoire Works included within such liveperformance have given their written consent and anyapplicable synchronisation fees (as referred to in clause 7.9)have been duly paid.Nothing in this Agreement affects the moral rights ofauthors of Repertoire Works whether subsisting in theUnited Kingdom or any other territory.For the purposes of clauses 2.1.1, 30.22 or otherwise and thecalculation of royalties under clauses 7 and 10, where:(a) a Disc includes exactly the same Musical Workspresented in more than one 'audio layer' in differentaudio formats (by way of example, one audio layerof the Musical Work being stereo and anotheraudio layer being 'Dolby 5.1 Surround Sound'); and(b) those audio layers are synchronised with the samevisual content such that the viewer merely has anoption of choosing which audio layer to listen to incombination with the visual content;then, those audio layers shall be deemed to be a single nonrepeatedsoundtrack.Where a Disc contains exactly the same sound recordingspresented in DVD format and also as compressed secondsession files contained on the Disc, those second session filesshall be deemed to be a single non-repeated sound track forthe purposes of clause 2.1.1 or otherwise.Nothing in this clause 2 shall remove the obligation for theProducer to obtain relevant licences for Repertoire Workscontained in products outside this Agreement.3. SCOPE OF LICENCEThe Licence applies only to Discs which are made availableto the public through normal channels of retail distribution.Without prejudice to the generality of the foregoingtherefore, it does not apply to Premium Discs, Discs soldthrough record clubs or DVD clubs or other Discs sold byany direct marketing method to the public without theintermediary of a dealer.This Agreement applies to Discs:(a) made after the Commencement Date,notwithstanding the fact that other copies thereofwere released prior to such date;

3.33.43.53.6(b) put into circulation after the Commencement Date,notwithstanding the fact that such Discs were madeprior to such date.The Licence applies to all Relevant Formats.Nothing in this Agreement grants the Producer any rights asto the performing or communication to the public of anyRepertoire Works, including, for the avoidance of doubt, viathe Internet.All rights other than those expressly granted in thisAgreement are reserved, and, without prejudice to thegenerality of the foregoing, Discs made for purposes otherthan those referred to in clauses 1, 5 or 14 (by way ofexample only, Discs made and/or supplied for the purposesof broadcasting or cinematic exhibition) are not covered bythe Licence.The terms of this Agreement shall apply to Shipments up to31 December 2005, subject to earlier termination of theAgreement under clause 27.4.54.6to issue Discs bearing trademarks, trade name or onlabels which it notifies to the Society under the aboveprovisions. The Producer will indemnify the Society andits Members against any valid claims made against theSociety and which relate to the Society having grantedconsent under this Agreement to the making and puttinginto circulation of Discs bearing any such trademark,trade name or label.Where both the Producer and another DVD producer areexploiting Discs bearing the same trademark or trade nameor using the same label, this Agreement shall only apply to theDiscs bearing that trademark, trade name or on that labelwhich have been made or put into circulation by or for theProducer.The Society will notify the Producer of any importation ofDiscs bearing a trademark or trade name or issued on a labelnotified by the Producer to the Society under the aboveprovisions which to the Society's knowledge infringes anyright of the Producer in any such trademark, trade name orlabel.4. LABELS TO WHICH LICENCE APPLIES5. RENTAL4.14.24.34.4The Licence applies to all Discs bearing the trademarks ortrade names, or issued on the labels referred to in theProducer's application to the Society for this Agreement.The Licence shall be extended to Discs bearing any newtrademark or trade name or issued on a new label whichthe Producer may hereafter exploit, provided that theProducer has given the Society advance written noticethat it intends to exploit such trademark, trade name orlabel. If another producer having a contract with theSociety in the same terms as this Agreement has alreadygiven notice to the Society that it is using the sametrademark, trade name or label, the Society shall notifythe Producer.The Licence may also upon prior written notice to theSociety be extended to Discs bearing any existing trademarkor trade name or issued on any existing label not referred toin the Producer's application to the Society for thisAgreement. However, the licences shall not be so extendedwhere both:(a) the Producer has acquired the right not only toexploit the trademark, trade name or label, but alsoto make and distribute recordings previouslyavailable under that trademark, trade name or label;and(b) any royalties payable to the Society or any of itsMembers or to any Associated Society in relation toDiscs previously issued bearing such trademark ortrade name or on such label remain unpaid.The Producer is responsible for ensuring that it has the right6.16.26.3The Licence applies to the manufacture of Discs which aresubsequently distributed by way of lending or rental (as thoseterms are defined in section 18A of the Act). However, theLicence shall not authorise the actual rental or lending of anyDisc.6. FIRST RECORDINGSWhere in relation to any particular Repertoire Work noaudio-only or audio-visual sound carrier embodying thatRepertoire Work has previously been manufactured in orimported into the EU with the consent of the party entitledto grant consent for such reproduction or importation, theLicence shall not apply in relation to that Repertoire Workuntil all the relevant Members of the Society owning orcontrolling the rights in that Repertoire Work have consentedto the grant of the Licence in accordance with thisAgreement.Such consent shall be deemed to be applied for from theSociety when following the procedure set out in clause 19.Alternatively, such consent may be applied for either from theSociety or direct from the relevant Member(s). Where theProducer obtains consent direct from the Member(s), theProducer shall, when submitting the Notification ofIntended Release (or label copy) to the Society as referred toin clause 19.11, send with it a copy of the completed andsigned consent.In the event that the Producer bona fide wishes to knowwhether or not a particular Repertoire Work is subject to therestriction referred to in clause 6.1, the Producer may enquireof the Society. Such enquiry shall be sent to the Society by

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