Rochester Public Library. Local Music Licensing Application. Agreement, attachments, invoicing, electronic file access

Transcription

1 Rochester Public Library Local Music Licensing Application Agreement, attachments, invoicing, electronic file access

2 Rochester Public Library Music Licensing Agreement This Music License Agreement is made and effective this day of, 20, BETWEEN: The Rochester Public Library, an educational corporation having its principal office located at 115 South Avenue, Rochester, New York 14614, hereinafter referred to as the "RPL" AND: An individual/musical group, (hereinafter LICENSOR ), with a mailing address of: And an address of And a telephone number at Taxpayer Identification Number (or attach W-9 form) Musician(s) Name(s): WHEREAS, the LICENSOR is the holder of the copyright to an album or collection of musical compositions identified herein and the RPL wishes to make available the music of LICENSOR to the patrons in the direct service area of the Monroe County Library System (hereinafter PATRONS ). I. TERMS AND CONDITIONS A. LICENSOR represents and warrants to the RPL that he/she/they are the sole and exclusive owner of musical compositions as described in ATTACHMENT A (hereinafter referred to as COMPOSITIONS ). B. LICENSOR represents and warrants that it has registered and obtained appropriate documentation from the United States Copyright Office with respect to the COMPOSITIONS as provided in ATTACHMENT A. C. The RPL maintains a website accessible at (subject to change). D. The RPL wishes to obtain a license to use the COMPOSITIONS in connection with its website and LICENSOR wishes to grant the RPL such a license subject to the terms and conditions set forth in this AGREEMENT. LICENSOR understands that for the pendency of the term defined herein, the RPL intends

3 to make the COMPOSITIONS available for download to their PATRONS for the period specified in ATTACHMENT A. E. LICENSOR represents and warrants that it has full and unrestricted power and authority to enter into this AGREEMENT and to grant the RPL the license to use the COMPOSITIONS as set forth in this AGREEMENT. F. LICENSOR shall neither pretend nor claim to be an officer or employee of the RPL by reason hereof, nor make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the RPL, including but not limited to Workers' Compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. II. GRANT OF LICENSE A. LICENSOR hereby grants to the RPL the non-exclusive right and license to make the COMPOSITIONS available to the RPL and their PATRONS for a period as defined in ATTACHMENT A, upon execution of this AGREEMENT, for permanent download. B. Once any COMPOSITION is downloaded by any PATRON, the license is perpetual to that PATRON. The RPL will provide written warning to PATRONS not to copy and provide the COMPOSITION to others, but the RPL cannot and will not be responsible for ensuring such behavior does not occur. C. The license granted herein shall be royalty-free (other than any licensing fee set forth in ATTACHMENT A) as part of the AGREEMENT herein) and shall last for a period as defined in ATTACHMENT A following execution of this AGREEMENT, after which the license to make the COMPOSITIONS available for PATRON download shall be terminated. D. The RPL is granted herein the right to synchronize and samples of integrate the COMPOSITIONS in RPLdesignated website design and include the COMPOSITIONS in connection with use that integrates the COMPOSITIONS into the design or content of the RPL s website, in order to promote the service. E. LICENSOR hereby grants the RPL the right to use the name of LICENSOR and the composer and artists involved in the COMPOSITIONS in connection with the RPL s website. LICENSOR represents and warrants that it has the full right and permission to grant such licenses and permissions from all such individuals. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the dates set forth above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. BY SIGNING BELOW, LICENSOR REPRESENTS AND WARRANTS THAT LICENSOR IS THE SOLE AND EXCLUSIVE OWNER OF THE COMPOSITIONS AND ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS CONTAINED THEREIN. RPL Representative LICENSOR Authorized Signature

4 ATTACHMENT A Music Sharing Options: I hereby grant to RPL the non-exclusive right and license to make from all downloads of COMPOSITIONS available to RPL and PATRONS for a period of two (2) years following execution of this agreement. I allow The RPL to lease LICENSOR s album(s) for years. Compensation to Artist: I allow the RPL to make available downloads of all COMPOSITIONS for PATRON use for the license period specified. I do not allow the RPL to make available downloads of all COMPOSITIONS, but will allow the RPL to stream selected (notated) COMPOSITIONS through its website. THE COMPENSATION FOR LICENSED DIGITAL AND ARCHIVAL COMPOSITIONS IS $ Music Format Options: I allow The RPL to maintain a physical copy of LICENSOR s album in RPL s local music archive. I allow The RPL to maintain a digital copy of LICENSOR s album. Compositions: Album or Song title(s): Artist: Date released: Songwriters: Song Titles:

5 Registration copyright numbers (if available):

6 Rochester Public Library Music Licensing Procedures If you have your files saved digitally, and we can access them, simply give us the information to get to the file along with any information you think important. If you don't have your files available publicly and need to send us your digital files, call or We can accept smaller files via (under 50 Mb multiple s are fine), OR we can supply you with either a drop box folder if you have a drop box account, or another FTP site where you can upload the files. If you have imagery, or cover art, please include it with your music files. Let us know all URL s (the library reserves the right to NOT post certain URL s) that you would like to advertise the band/artist. A simple text file with the information is best. If files are larger than 2GB, please call and RPL will supply you with an FTP site to use (RPL will only allow calling us for security sake.) Once your file is uploaded please allow 4 to 6 weeks for processing, and your music will be accessible at a URL which will be ed to you. If you want to send us hard copies (preferred!) mail it to: Judy Schewe Media Department Central Library of Rochester & Monroe County 115 South Avenue Rochester, NY OR Drop it off at the Media Center ( )

7 INVOICE (always make artist s name plus a digit) ROCHESTER S LOCAL MUSIC DATE: FROM: (NAME OF PERSON RECEIVING CHECK) ADDRESS: PHONE: TO Rochester Public Library 115 South Avenue Rochester, NY ITEM ITEM # DESCRIPTION UNIT PRICE TOTAL year lease for Music. $50.00 $50.00 SUBTOTAL SALES TAX AUTHORIZED SIGNATURE: (Office Use Only) TOTAL $50.00 Rev. 07/26/2013