End of User License Agreement (L2 & L4)

I’ve covered the End of User License Agreement contract several times within this blog, whether it be to using sample packs from sound libraries or to purchasing the license to use a piece of software, I have constructed my own contract in the use of selling the rights to my music, for the purposes of being used within various forms of media. Within the contract it states that, through the transfer of money the buyer is not purchasing the music, but the license to use it.

This works to my 2nd and 4th learning outcomes, which state that I am to learn enough about copyright law to be able to properly describe how to distribute my music legally, professionally and to be paid for my services in the process. They also that I must be able to write up my own documents and contracts for sound design and music.

They are entitled to a non-exclusive worldwide license for the full period of copyright by myself for the use of synchronisation, the use online and non-theatrical where no charge is made to the public and Duplication. Failure to accept the terms and conditions result in a refund from myself to the buyer and no license is granted to use my music.

The terms and conditions can be found below the picture.

 

End of User License Agreement
End of User License Agreement

 

“End User License Agreement – STANDING LICENSE

IMPORTANT: PLEASE READ THIS CAREFULLY

BY USING THE MUSIC CREATED FOR THE PURPOSES OF THIS

PROJECT, YOU [“THE BUYER”] ARE AGREEING TO BE BOUND BY THE

TERMS SET OUT HERE AS APPLICABLE TO YOUR CATEGORY OF

LICENSE – STANDING OR EXTENDED.

Please note you are not purchasing the music itself

[ownership/copyright is not transferred to you]; you are purchasing

a license to it.

TERMS AND CONDITIONS FOR ALL LICENSES

1. The Music [which shall mean all the data selected to be

downloaded] licensed to The Buyer by The Composer. The Buyer is

granted a non-exclusive worldwide license for the full period of

copyright by The Composer to use the music for:

SYNCHRONISING

With The Buyers own website (except templates that are sold or

given away) or online service, corporate/educational/ training

videos/ CD-ROM/ DVD, computer multimedia presentations or

animations [“Project”].

ONLINE

To exploit the Project electronically on all online services/networks

and to provide podcasts.

NON-THEATRICAL

Usage where no charge is made to the public [as part of Project

where applicable] to comprise:

– Trade Exhibitions, Presentations and Business Seminars – Corporate

and other in-house

Multimedia Presentations – Music On Hold / In-Store Music

(independent store only) – Photo

Presentations/slideshows Student Films and Community made Films

(College, Personal, Demo) and other non-commercial publicly

accessed venues, gatherings and

events.

DUPLICATION

To produce up to 500 [total of all media] copies of the Project CDROM,

CD-A or DVD (training/

Educational/promotional/family/wedding)

2. No rights are licensed until all steps have been completed through

the website and payment has been made by the Buyer and received

by The Composer.

3. These rights are specific and personal to The Buyer subject to

Terms 4 to 7. The Buyer shall not have the right to exploit the Music

data in any other media of any nature at any time or to permit others

to do so nor to make any additional unauthorised copies and/or to

permit, authorise, sub-licence, assign, transfer and/or otherwise

exploit the Music in any form, whether for other commercial

purposes or otherwise.

4. If the Buyer is acting as agent for another party [“the Principal”]

the Buyer warrants that it is legally authorised to enter into this

licence on behalf of the Principal.

5. Where acting as an agent the Buyer will disclose full details of the

Principal to The Composer when entering online information and

applying for a licence.

6. The Buyer agrees that the Principalʼs liability under the licence

does not affect the Buyerʼs liabilities and the Buyer continues to be

bound by all Terms of the licence.

7. The Buyer indemnifies The Beat Suite against all and any losses

caused by the Principalʼs breach of the Terms of this licence.

8. There is no further right to copy [beyond what is specifically

licensed] the Music for supply by The Buyer to any other persons

whether by copying or electronically supplying or otherwise all or

any part of the Music.

9. The Buyer shall not acquire any rights and/or interest in the Music

at any time which may be exploited by The Buyer, and all rights not

specified granted are reserved by The Composer.

10. The Buyer acknowledges the limits of this licence and undertakes

to inform any third party who seeks further or unauthorised use of

the Music that they must seek a licence from The Composer on their

own behalf.

11. If the Buyer has any concern that a third party with whom they

have been in direct or indirect contact may be about to or intend to

use the Music in an unauthorised way the Buyer will immediately

inform The Composer.

12. The Buyer agrees that any web site usage will be through a

streaming format that will prevent the Music from being

downloaded and used unlawfully by users of the Buyer’s site.

Podcast provision will be in a format and on terms to ensure this.

13. The Buyer shall use the Music entirely at The Buyer’s sole risk and

expense and agrees that

The Buyer shall be liable for all its own costs and expenses or

otherwise that may arise from any such use.

14. The Buyer is responsible for complying with any regulatory

requirements [such as PRS licensing] and payment of any further

sums due on any particular authorized use of the Music

15. In the event that there is a technical defect in the material

downloaded The Composer agrees to replace it provided that the

Music has been treated with all due care and not mistreated in some

manner or damaged by some other means after purchase. The Buyer

shall check the viability of the downloaded data before making

copies or further using.

16. If the Music is incompatible with The Buyer’s hardware and there

is no alternative product available then there is no liability on the

part of The Composer to provide any other disc and/or data or any

refund or reimbursement of any nature at any time. The Buyer

agrees that The Composer liability with respect to any such claim

made in relation to or arising out of this shall not exceed the licence

fee paid by The Buyer.

17. In the event of any other claim, demand, actions or otherwise by

The Buyer and/or any business for any reason arising from the use of

the disc and/or data then The Composer shall only be liable in total

to repay the full purchase price of the Music to The Buyer and that

The Composer shall not bear any responsibility and/or liability for the

use of the Music by The Buyer, any business, third party or otherwise

which is supplied directly or indirectly by The Buyer at any time.

18. The Buyer agrees that it is The Buyer’s responsibility to arrange

and bear the cost of insurance cover for the benefit of The Buyer,

any business and/or third party for the use of the Music by The Buyer

19. If The Beat Suite believes there are circumstances connected

with the Buyerʼs use of the Music or the licence granted that give rise

for action to be taken against a third party the Buyer agrees to give

such reasonable assistance as may be requested by The Composer.

20. If the Buyer receives any claim dispute Letter before Action or

other legal documentation concerning the Music from a third party

the Buyer will notify The Composer as soon as possible

21. The Composer does not accept any responsibility for the use of

the Music by The Buyer and subject to any legislation limiting the

right to exclude liability shall not be liable for any direct and/or

indirect damages, loss, injury or otherwise that may arise in respect

of The Buyer and/or any business in which The Buyer may be

involved and/or to which The Buyer may supply advice or material

for any reason.

22. Without prejudice to the generality of the previous Term The

Composer does not accept any responsibility and/or liability for any

errors, omissions, viruses, defects and/or any other matters of any

nature in the Music which may be a legal, technical or material fault

or problem or otherwise.

23. The information on this website is provided without warranties

of any kind either express or implied as to merchantability, fitness for

any particular purpose or non-infringement or by virtue of the course

of dealing or custom of any particular trade or industry.

24. The Composer confirms that all rights necessary for the specified

use by The Buyer of the Music have been obtained from the

Composer.

25. The Buyer shall not represent the Music as their own or claim a

credit.

26. In the event that The Composer become aware and/or have

reasonable grounds to believe that The Buyer and/or third party is

using the Music in a manner which was not set out in this document

The Composer shall be entitled without notice to The Buyer to

terminate the licence provided under this document without

prejudice to any other rights and remedies of The Composer. The

Buyer shall be obliged upon written notice to surrender all copies of

the Music and/or data to The Composer.

27. The Buyer will indemnify The Composer against all and any claims

demands actions damages liabilities and all reasonable expenses

including legal expenses incurred as a result of any breach of this

Agreement by The Buyer. The Buyer acknowledges that any breach

of this Agreement may cause serious damage to the proprietary

interest in the Music and that damages may not be adequate

compensation for such a breach and therefore agrees that in such

circumstances The Composer shall be entitled to an injunction.

28. The Buyer agrees that it shall not use and/or authorise the use of

the Music whether disc and/or data in any manner or nature which is

inconsistent with the intended purpose of the licence granted. Nor

shall The Buyer deface, erase, remove and/or alter any part of the

copyright notice or trademarks of The Composer displayed on any

part of the Music and/or data.

29. The Buyer will not disclose passwords or access codes used in

accessing any area of the web site and will maintain the same as

confidential and will use best endeavours to maintain strict

safeguards on all Music licensed under this Agreement.

30. This Licence is granted by The Composer to The Buyer but the the

Music shall so far as rights retained apply be entitled to all benefits

and rights as set out in this Licence subject to legislation concerning

third-party contractual rights.

31. Together with entries made and submitted on the website by or

on behalf of the Buyer these Terms are the entire agreement

between the parties and supersede all previous agreements

promises and representations. Any amendment or alteration shall be

in writing and signed by authorised representatives of each party.

32. Every Term in this Licence is intended to be severable and if any

should be held to be invalid unenforceable or illegal by a court the

validity and enforceability of the remaining Terms shall not be

affected.

33. The Composer may assign its benefits under this Agreement in

whole or in part at its sole discretion. The Buyer may only assign its

rights with the specific prior written approval of The Composer.

34. This Licence shall be governed by the Laws of England, whether

the Music is supplied and/or used in the United Kingdom and/or in

any part of the universe.”

Composers Agreement (Music and Post Sound) (L2 & L4)

Seen below is the composers agreement that was written and illustrates the terms and conditions of the work entitled for composing the soundtrack to a film, it states that as the composer I require the film in question at picture lock, no later than the 25th of April 2016, which is signed… Below the pictures you can see the terms and conditions applicable. A physical copy will be subjected to the Viva for examination for both contracts corresponding with their designated films (Satsuma/Guardian).

This works to my 2nd and 4th learning outcomes, which state that I am to learn enough about copyright law to be able to properly describe how to distribute my music legally, professionally and to be paid for my services in the process. They also that I must be able to write up my own documents and contracts for sound design and music.

The agreement states that as the composer and sound recordist I will produce the music and sound recording for the given film, it also states that I require picture lock for the film in .mov format, no later than the 25th of April to perform this. I will submit one master copy delivered in .wav format and will be paid a total of £0 to do so as this is a university project.

The duration of the musicI w

I’ll be credited in the film as Adrian Rayworth in association with The University of Lincoln – Audio Production.

The rights assigned to the commissioner are the rights to the sound recording as separate from the music (2.2) and also the rights to re-record, dub, synchronise, reproduce, perform in timed relation to the film and authorise others to do so in any and all media during the period of copyright, renewals, revivals, extensions and reversions. (2.1)

The right to publish the music is owned by myself (2.3)

 

The commissioner is allowed to terminate the agreement if:

I fail or refuse to perform the services stated in this contract (4.1)

I have been prevented from completing the services stated in this contract (4.2)

There is an event outside the control of the commissioner (4.3)

 

IMGP4110
Composers Agreement Contract
Composer Agreement Contract - Signatures (Lottie Russel - Director & Adrian Rayworth - Composer)
Composer Agreement Contract – Signatures (Lottie Russel – Director & Adrian Rayworth – Composer)

 

“COMPOSER AGREEMENT

THIS AGREEMENT has been made on the 12th February 2016

(1) Team LOL of [The University of Lincoln (“the Commissioner”) and

(2) Adrian Rayworth of The University of Lincoln (“the Composer”)

WHEREAS the Commissioner has been commissioned to produce a film[s] titled Satsuma. The

Commissioner now wishes to engage the services of the Composer (“the Services”) to compose

original music and/or lyrics (“the Music”) and to record the Music (“the Sound Recording”) for

inclusion in the sound track of the[se] film[s] as detailed in the Essential Elements of the Film as

detailed below.

IT IS AGREED as follows:

Subject to the full execution of this Agreement and the standard conditions attached to this

Agreement (“Standard Conditions”) whose provisions and definitions are hereby incorporated into

this Agreement, the Commissioner agrees to pay the Composer the Fee detailed in the Essential

Elements of the Film to compose the Music and produce the Sound Recording.

In consideration of the Commissioner’s undertakings the Composer:

(a) undertakes to perform and observe all the Composer’s obligations and warranties in the

Standard Conditions in relation to the Music and the Sound Recording; and

(b) grants and confirms to the Commissioner all rights required to be granted or confirmed in

relation to the Music and the Sound Recording pursuant to the Standard Conditions; and

(c) acknowledges and confirms that the Composer has read and accepts the Standard

Conditions which shall together with the Essential Elements of the Film set out below

constitute a full binding legal agreement between the parties.

ESSENTIAL ELEMENTS OF THE FILM

1. The Film: Title(s) of film(s) Satsuma

Running time[s] 2:59

Format of film[s] .mov

2. Duration of the Music: between 0.00 and 2.59 minutes

3. Fee: As full and complete consideration for all services rendered and all rights and benefits

granted and assigned under this Agreement, the Commissioner shall pay to the Composer a total

of £0 as to £0 on signature of this Agreement and £0 on delivery and acceptance of the Delivery

Material as detailed below. The Fee shall be inclusive of all the Composer’s expenses in the

execution of the Services but exclusive of Value Added Tax (if applicable).

4. Delivery Material: 1 master copy of the Music delivered on .wav format.

5. Production Schedule: Picture Lock Delivery Date of the Delivery Material: no later than 25th

April 2016 time being of the essence.

6. Credit: the Composer shall be accorded a credit on the Film substantially in the form

“Composer Adrian Rayworth in association with The University of Lincoln – Audio Production

No inadvertent failure by the Commissioner to comply with the provisions of this clause and no

failure of any third party to accord the Composer credit in accordance therewith shall constitute a

breach of this agreement by the Commissioner and in no event shall the Composer be entitled by

virtue of such failure to enjoin or restrain the distribution or exhibition of or advertising or publicity for

the Film.

2

SIGNED BY

For and on behalf of the Commissioner

SIGNED BY

For and on behalf of the Composer

!!!!

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

3

STANDARD CONDITIONS

1. COMPOSER’S OBLIGATIONS

The Composer shall:

1.1 perform the Services conscientiously and in a first class competent manner as and where and in willing

co-operation with such persons as the Commissioner may require;

1.2 comply with all reasonable instructions of the Commissioner;

1.3 not without the written consent of the Commissioner order goods nor incur any liability on the

Commissioner’s behalf nor pledge the credit of the Commissioner nor hold him/herself out as being

entitled to do so;

1.4 attend such meetings and workshops relating to the Music as the Commissioner may require;

1.5 assist the Commissioner in the preparation of a music cue sheet or film as completed form for the Film.

2. GRANT OF RIGHTS

2.1 Subject only to the rights of the Performing Right Society (“PRS”) if the Composer is a member of the

PRS the Composer irrevocably grants by way of licence to the Commissioner its successors assignees and

licensees and sub- licensees the sole and exclusive right to record reproduce dub perform and/or use in any

other way whatever the Music and/or any part thereof in synchronisation with and/or in timed relation to the

Film or any part(s) thereof and authorise others to do so in any and all media by any and all means for the

full period of copyright including all renewals reversions revivals and extensions and after that in perpetuity

throughout the world. The Composer also agrees not to make further recordings of the Music in whole or in

part during a period of five years from the date of delivery of the Music to the Commissioner without the prior

written consent of the Commissioner.

2.2 The Composer irrevocably assigns to the Commissioner (to the extent applicable, by way of present

assignment of future copyright) the entire copyright and all other rights in and to the Sound Recording (as

distinct from the Music) for the full period of copyright including all renewals reversions revivals and

extensions existing under the laws in force in any part of the world TO HOLD the same to the Commissioner

its successors assignees and licensees absolutely. The Composer acknowledges that the Commissioner

may make such use of the Sound Recording as it may desire, including without limitation synchronising it

with and/or in timed relation to the Film, use in a soundtrack recording for commercial release or any other

audio recording and authorise others to do so in any and all media by any and all means for the full period of

copyright including all renewals reversions revivals and extensions and after that in perpetuity throughout

the world.

2.3 For the avoidance of doubt it is acknowledged that the right to publish the Music is owned by the

Composer (subject to the synchronisation licence granted under this Agreement, the remuneration for which

is incorporated in the Fee as set out in the Essential Elements of the Film).

2.4 The Composer irrevocable and unconditionally grants and confirms to the Commissioner its successors

assigns and licensees in respect of the Sound Recording that the Composer has obtained all consents

pursuant to Part II of the Copyright Designs and Patents Act 1988 (“the Act”) and all other laws now or in

future in force in any part of the world which may be required in respect of the exploitation by the

Commissioner its successors assigns and licensees of the product of the Services and the Sound

Recording in any media by any and all means now known or developed in future for the full duration of the

rights acquired by the Commissioner pursuant to this Agreement. The Composer further irrevocably waives

the benefits of any provision of law known as moral rights including without limitation any rights of the

Composer under Sections 77, 80, 84 and 85 inclusive of the Act or any similar laws of any jurisdiction.

2.5 The Commissioner its successors assigns and licensees shall have the right to use the name, likeness,

biography and any photographs taken or interviews recorded of the Composer during the making of the Film

and all other products of the Services or any part of it in connection with the exploitation of the rights granted

in this Agreement without further consent or payment.

2.6 The Composer undertakes to execute or procure the execution of all further documents (if any) which

the Commissioner may reasonably require for effecting or confirming the arrangements made by this

4

Agreement, including without limitation any documents vesting in, or confirming to, the Commissioner any

rights of copyright or other rights to which the Commissioner is expressed to be entitled hereunder.

3. COMPOSER’S WARRANTIES

The Composer warrants and undertakes with the Commissioner that:

3.1 the Composer is free to enter into this Agreement and grant to the Commissioner all rights and consents

expressed to be granted to the Commissioner in this Agreement;

3.2 the Services and the product of the Services, the Music and the Sound Recording shall be original to the

Composer and shall not infringe any right of copyright or any other right of any other nature of any person

and shall not be obscene or defamatory of any person. For the avoidance of doubt the Composer shall not

engage any other person in the execution of the Services unless expressly approved in writing by the

Commissioner. In that event the Composer shall ensure that all necessary consents are obtained from

owners of copyright material included in the Music or Sound Recording and all performers’ consents

pursuant to Part II of the Act are obtained free and clear of any repeat fees use fees or similar payments

including remuneration in respect of rental or lending rights for the use of the said material and

performances in the Film the Music and the Sound Recording;

3.3 the Commissioner shall have the right to use and/or edit the whole or any part of the Music the Sound

Recording and product of the Services and to combine the same with the whole or any part of any other

source music to any extent that the Commissioner may desire to incorporate the Music and Sound

Recording into the Film and in such event the Composer shall not have any claim for compensation for loss

of opportunity to enhance the professional reputation of the Composer or for any other reason whatsoever in

the form of damages or at all and the decision of the Commissioner in respect of all matters relating to the

Film shall be final and binding on the Composer;

3.4 the Composer is a qualifying person within the terms of the Act.

3.5 in order to comply with Home Office recommendations in A Code of Practice for Safeguarding the

Welfare of Children in Voluntary Organisations in England and Wales and the Protection of Children Act

(1999) the Composer confirms s/he has no convictions for criminal offences against children;

3.6 the Composer will indemnify the Commissioner and keep the Commissioner at all times fully

indemnified from and against all actions proceedings claims demands costs (including without limitation

the reasonable legal costs of the Commissioner on a solicitor and own client basis) awards and

damages howsoever arising directly or indirectly as a result of any breach or non-performance by the

Composer of any of the Composer’s undertakings warranties or obligations under this Agreement;

3.7 the Composer is self-employed for national insurance and tax purposes. The Composer will be solely

responsible for all income tax and national insurance contributions due in respect of rendering the

Services under this Agreement. The Composer will account to the relevant authorities for all such tax,

VAT and all other liabilities arising out of the Fee paid to the Composer under this Agreement.

4. TERMINATION

The Commissioner shall be entitled to terminate this Agreement by notice in writing if:

4.1 the Composer fails or refuses to perform the Services or is in breach of any material obligations

undertakings or warranties contained in this Agreement and the Composer fails to remedy such breach

within five days of receiving written notice; or

4.2 the Composer has been prevented from performing the Services or is deemed by the Commissioner

unable to perform the Services by reason of any illness injury or otherwise; or

4.3 there is an event of force majeure (being an event or circumstance outside the control of the

Commissioner).

5. EFFECTS OF TERMINATION

5

After termination the Composer shall continue to comply with all obligations not affected by termination and

the Commissioner shall remain entitled to all rights granted or assigned to the Commissioner by the

Composer and the entire product of the Services.

6. MISCELLANEOUS

6.1 In the event of any breach by the Commissioner of its obligations under this Agreement the rights and

remedies of the Composer (if any) shall be limited to a right to recover damages in an action at law and in no

event shall the Composer be entitled to terminate this Agreement or seek to enjoin or restrain the distribution

exhibition or other exploitation of the Film.

6.2 Any notice to be given under this Agreement shall be in writing in English and shall be deemed to be

given to and received by the addressee:

6.2.1 if left at the address or handed to a representative of the party to be served, on the date thereof;

6.2.2 if sent by first class post two days following the date of posting;

6.2.3 if sent by facsimile transmission or other means of telecommunication on the following day not being a

Saturday, Sunday or public holiday.

6.3 Nothing contained in this Agreement shall constitute an undertaking by the Commissioner to produce the

Film or to use the Services or incorporate the whole or any part of the product of such Services in the Film

and if the Commissioner in its entire discretion so wishes it may whether or not it has commenced to use the

Services substitute another composer in the place of the Composer in which event the Commissioner shall

be under no further obligation to make use of the further Services or any part of the same. The

Commissioner shall not be liable to the Composer in any circumstances in respect of any claim for loss of

opportunity on the part of the Composer or to enhance the Composer’s reputation. Nothing in this clause

shall affect the Commissioner’s obligation to pay the Fee to the Composer as specified in the Essential

Elements of the Film.

6.4 The Commissioner shall be entitled to assign charge license or sub-license the whole or any part of its

rights under this Agreement including without limitation all rights in and to the Music and the Sound

Recording and the product of the Services and in such event all of the representations warranties and

undertakings on the part of the Composer contained in this Agreement shall endure for the benefit of any

assignee licensee or sub-licensee of the Commissioner.

6.5 This Agreement shall not be deemed to constitute a partnership or joint venture or contract of

employment between the parties.

6.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales

the courts of which shall be courts of competent jurisdiction.”

PRS for Music (L5)

As a composer as well as a sound designer I should license my music through PRS, MCPS and PPL, this means that they can be used in all forms of media, online and even through retail and distribution, I will gain royalties through the use of my music.

This research is relevant to learning outcome 5 of this project where I state that, I need to broaden my knowledge on PRS, in terms of being paid for the use of my music.

 

PRS is a licensing company, which pays out royalties to writers, bands and publishers. It is required by any business, live venue or broadcasting service, to hold a license to play and distribute music.

 

PRS licenses businesses and organisations to play, perform and to make the members of PRS’s music available to use, for which then they can track the number of plays the music has by sending researchers, to the establishment to collect the stats. From there they can distribute the royalties to the licensed artists.

 

There are different forms of licenses, for different types of music promotion and distribution, so it’s essential that you purchase the correct License.

 

Artists, writers and publishers sign up to PRS so that they are played the significant royalties for when their music is played publically, by signing up to PRS organizations that have purchased the correct license from PRS are then able to use their music in works of their own, be that online, through forms of media such as T.V. and Radio Broadcasting.

 

When assigning copyright to a client you are not allowed to distribute your music through other means, earning royalties through the use of PRS unless, it’s stated in the assignment of copyright contract that the music composed is not specific to the client film in question.

 

MCPS is a royalty scheme licensed under PRS for Music, and deals with the mechanical or reproductive copyrights. It deals with distribution, import and on occasion, synchronisation.

 

The mechanical rights are paid directly to the composer or publisher when their music is reproduced in a physical product or to be broadcasted.

 

When a composer licenses his/her work through MCPS, they earn royalties when the music is reproduced, for instance if a clip of their music is used within a film, they will not only attain royalties through PRS for the use of their music within the film but also if the film is produced into a DVD format and distributed, they will also gain royalties for this as well.

 

PPL is music license specific for music within business. Any business that plays recorded music in public, such as a shop, bar, office, restaurant, gym, community building, not-for-profit organisation – or activities such as dance classes are legally required to have a PPL License.

 

PPL is a different license to PRS. In most instances of recorded music being played in public, a music license is required from organisations. PPL collects and distributes license fees for the use of recorded music on the behalf of record companies and performers, while PRS for Music collects and distributes for the use of musical compositions and lyrics on the behalf of songwriters, composers and publishers.

 

 

The cost of PPL is measured differently to PRS it depends on factors such as:

 

  • Business type

 

  • The size of the area in the business that the music can be heard in

 

  • How recorded music is used in the business (as background music)

 

  • The type of social activity that may be taking place

 

Through the use of these methods of licensing I can use my music and distribute it freely, without worries and anxieties of not being paid for the use of my work.

You can also back track the use of your music within PRS, so if you’re late to signing up to PRS, you can still claim back on royalties that are owed to you from the use of your music.

Assignment of Copyright (L2)

When being commissioned to produce sound for a visual piece such as in this case to animation. It is important to know who owns the copyright of the material that your working on and getting the legal consent from the owner of the copyright to share the rights with you.

Under UK law in Copyright when it comes to the arts there are certain acts within the work that are restricted to anyone but the copyright owner, these acts are:

– Copying the work;

– Issuing copies of the work to the public;

– Renting or lending the work to the public;

– Performing, playing or sharing the work in public;

– Communicating the work in public; and

– Making an adaptation of the work

As by the Intellectual Property Office: Copyright Notice: Assignment of Copyright.

It is an infringement of copyright to do any of these listed things without the consent of the original copyright owner, to obtain permission from the original copyright owner you must obviously ask permission and permission is normally in contract/license form. This is known as an assignation form.

An assignation form is part of a binding legal contract and basically assigns the rights from one party to another, again in this case it would be between the animator and myself, sometimes through a 3rd party.

There are different types of assignment processes:

Partial Assignment – this is where the copyright owner can either assign the whole or part of the copyright to a person so in this instance the animator could assign a copy to someone like myself a sound designer to do work on the piece for the use of production. This is normally done through licensing. There are also restricted acts within the contract which the assignee isn’t entitled to do, if they did this would be a breach in the contract. Acts such as playing the work publicly. These acts are restricted so only the original copyright owner has right to them. Although restricted acts are allowed to the assignee under a new license. The payment for these licenses doesn’t always have to be money. In this instance this would accurate as the payment or consideration can be provided in services. As a sound designer this is how the license would be contracted.

Elective Assignment – this is where the copyright owner chooses to transfer the whole of the copyright over to another person, this can be done by sale or the owner can simply giving it to a new owner. As stated by copyright law for the assignment to be valid there must be a form of written documentation signed by both the original copyright owner. The original owner must also make reference to his/her ‘intellectual property rights’. The court will examine the documentation to see the intention of the assignment in case of any dispute between the assigner and the assignee. It is common for the assignee to make a nominal payment to the assigner which will be agreed and stated within the documentation (this can be as little as £1) or consideration (also known or understood as a form of payment) in future royalties, this is to ensure that the contract can be enforced if the assigner breaches the agreement. There are also clauses within this contract with can lead to reversion (the copyright reverting back to the assigner).

Assignment by Reversion – this is where an assignment contract can revert the rights from the assignee back to the original copyright owner/the assigner, if certain criteria’s aren’t met such as a breach of the contract by the assignee or if the assignee’s company goes into liquidation.

 

In short, an assignation form is used if the copyright owner would like to distribute the ownership or part ownership of the copyright to another party, it gives the rights to copy, sell, distribute the work from one party to another, it includes all the details of the agreement within the contract such as:

– Name

– Description of work

– The assignor

– The assignee

– When and where it will be signed

– Declaration from the original copyright owner that the work they are assigning is their own, and not borrowed from other sources

– Stating that no-one else in the world has the rights to this

– Restricted acts

– Clauses

– Consideration