1.Licensee has the non-exclusive right that on the terms listed below use music especially produced for sound editing, so called Production Music, controlled by EMI (herein referred to as ”The Music”). This right includes both a) the right to use The Music as seen as a composition and b) the right to use the recording of The Music.
Licensee has the right to use The Music in productions of the following types: Film, Video, TV, Radio, Interactive Medias, Internet/Intranet, digital AV-productions (CD-ROM/DVD/etc.), Stillfilm, Slideshows and pure audioproductions (sound file/CD/MD/DVD/Cassettes/etc.). For use in other kinds of productions, Licensee has to request a written permit from EMI for every occasion of usage.
One License is valid for one type of production. Additional licenses can be made for parallel productions of different types.
2.This License is geographically limited to productions/synchronisations made in the Nordic countries i.e. Denmark, Finland, Iceland, Norway and Sweden, or in the Baltic states i.e. Estonia, Latvia and Lithuania.
A License for broadcasting/showing/distribution of a production outside these territories is granted by licensee reporting the geographical distributing of the production in the music report-sheet, see paragraph 5.) The Producer can apply for such a License also after the original report is made.
3.The License is limited to one (1) year only regarding all productions that can be seen as advertising productions. EMI’s invoicing date is valid as the first day of the License. After such a license expires, a new License has to be obtained to enable the product to continue to be used. License for non-advertising productions is perpetual.
4.EMI provides The Music on CDs or sound files. If this agreement by some reason will cease to be valid, The Music should be returned to EMI without demand and without any cost. Licensee is not allowed to hand over or lend the CDs/sound files to any third party without a permit from EMI. This restriction is not limited by any amount of time.
5.Licensee must, after every production/usage of music, send EMI a report-sheet that presents all information indicated on EMI’s own music report. The Music Report constitutes the basis of the invoice and the payment of said invoice makes the License to use the production. If the production is used without the License being paid, EMI has the right to charge a higher price than indicated by the tariffs.
6.If a production in any way is altered after it has officially been published, it is seen as a new production, and Licensee is obliged to again report the used music. The exception is when the only alteration is the translation of the texts featured in the production and as long as the necessary territorial permits has been given (see paragraph 2).
7.Licensee is obliged to, when invoiced, pay EMI for CDs and the music used according to EMI’s current tariffs/price list. EMI has the right to change the prices of the price list during the term of the agreement, but must notify Licensee in writing at least 1 months before the changes are made.
8.EMI has the right to, without any cost for EMI, and if EMI finds it required, acquire three reference copies of a production where The Music has been used.
9.EMI warrants that it has all rights necessary to grant this License, that EMI controls The Music throughout the Territory and that the exercise by Licensee of the rights granted hereunder do not infringe upon the rights of any third party.
10.If the Licensee fails to comply with any of the terms of the clauses herein, EMI may determine this License by giving to the Licensee fifteen days notice in writing sent by registered post or recorded delivery if it’s intention to do so. No waiver of any breach of the License shall be construed to constitute a waiver of any subsequent breach of like nature or similar nature.
11.This offer and the License shall be construed according to the laws of Sweden and the parties agree to submit to the jurisdiction of the Swedish Courts. No amendment shall be made to it except in writing by all parties hereto. The License shall constitute the entire agreement between EMI and Licensee at the date of the License and the parties hereto shall enter into it solely on that basis without reliance on any other representations whatsoever.
12.This agreement is valid until December 31st, 2009. If none of the parties revokes the contract in writing before September 30th in the current year, the agreement is prolonged automatically with one year at the time. |