mediacomposers.eu Terms and Conditions
Acceptance of Terms
These terms and conditions constitute a legally binding agreement between E-trax Music Limited ("etrax") and a composer, producer or record company ("Copyright Holder").
Grant of Rights
On acceptance of these terms and conditions the Copyright Holder is granting permission to etrax to licence any and all works submitted to etrax by the Copyright Holder to any and all types of media production companies on behalf of the Copyright Holder.
etrax will have the right to administer and exploit the works throughout the world: to execute in its own name any licences for mechanical reproduction, public performance and synchronisation and the use of the works in advertising, sub-publishing or foreign publication.
Included within the rights referred to above, without limitation, is Copyright Holder's grant to etrax of the right throughout the universe with respect to the works as follows:
- to perform the works publicly for profit by means of public and private performance, radio broadcasting, television, or any and all other media.
- to produce the works or cause them to be produced mechanically, electronically, or in synchronisation with motion pictures and in any other manner now known or unknown.
etrax undertakes:
- to use its best endeavours to licence the works to third parties for exploitation for profit by means of public and private performance, radio broadcasting, television, or any other media.
- to pay or procure the payment to the Copyright Holder monies deriving from the issue of licences by etrax to third parties for synchronisation of the works with audio-visual productions.
- to pay or procure the payment to the Copyright Holder monies deriving from the performance or broadcast of the works by any and all media as a result of etrax' activities.
Copyright Holder agrees:
- that Copyright Holder has authority to enter into this agreement with etrax with respect to all works submitted.
- to the grant of rights as set out above.
- that the Copyright Holder is or intends to be a member of the Performing Right Society Limited (hereinafter called "the PRS") or other similar body.
- to deliver a complete Master Recording and such edits as may be required by etrax in the format requested by etrax for inclusion into the etrax music library for each work.
- the Master Recording and all edits thereof shall be free of any claims whatsoever by any person deriving any rights from Copyright Holder (including claims for recording fees or other services rendered to or by Copyright Holder).
Submissions
Submission of works via the mediacomposers.eu website or by CD/DVD by post to etrax by the Copyright Holder shall indicate acceptance of these terms and conditions.
etrax reserves the right to include or remove tracks from the etrax.eu catalogue. The decision of etrax is final. Notification of inclusion or removal will be given to the Copyright Holder by email.
etrax reserves the right to re-format, re-title or edit the works as necessary for the inclusion of the works in the library.
Copyright Holder can at any time request removal of any or Copyright Holder's works from the library at 30 days notice with no penalty.
Copyright
The Copyright Holder warrants that the Copyright Holder is the sole owner of the copyright in the works and Master Recordings, including the musical performances, samples etc. contained therein.
In the case of third party interest in the copyright in the works or Master Recordings the Copyright Holder agrees to procure the relevant permissions in writing and lodge copies with etrax.
The Copyright Holder undertakes to inform etrax immediately of any change in the status of copyright in the recordings.
Remuneration
etrax reserves the right to register its interest in the works with PRS.
All receipts from the exploitation of the Performing Right in the Work by etrax shall be divided by the PRS and its affiliated societies in the proportions 60% (sixty per cent) to the Copyright Holder and 40% (forty percent) to etrax. The parties agree to confirm the necessary instructions to the PRS to ensure the distribution of the receipts as aforesaid.
etrax undertakes to pay or procure the payment to the Copyright Holder of:-
60% (sixty percent) of any and all net sums actually received by etrax (less any costs for collection) in the United Kingdom from mechanical rights, electronic transcription and reproduction rights, motion picture synchronisation and television rights and all other rights (except public performing rights as mentioned herein) in the Works.
60% (sixty percent) of any and all net sums actually received by etrax (less any costs for collection) in the United Kingdom from sales and uses directly related to the works outside of the United Kingdom (other than public performance royalties as mentioned herein).
etrax shall pay no royalties on professional or complimentary copies, copies or mechanical derivatives that are distributed gratuitously for advertising or exploitation purposes.
Royalties as specified herein shall be payable solely to Copyright Holder in instances where Copyright Holder is the sole author of the entire work, including the words, music and Master Recording thereof. In the event Copyright Holder co-writes a composition Copyright Holder shall notify etrax of the appropriate division of royalties, and the above royalties shall be reduced accordingly.
Except as herein expressly provided no other royalties or monies shall be paid to Copyright Holder.
etrax shall render to the Copyright Holder quarterly statements of account in arrears showing all sums received by etrax and payable to the Copyright Holder in respect of the Works and with each such statement the amount shown therein as being due to the Copyright Holder shall be paid. No statement shall be rendered where no royalty is payable.
etrax shall be entitled to a period of 30 days as from the receipt of any notification by or on behalf of the Copyright Holder to remedy any error and make any resulting payment required. Any statement which has been rendered shall, after 6 months, be deemed to have been accepted as correct. Subject to the foregoing provisions the duly authorised representatives of the Copyright Holder shall be entitled, not more than twice a year and by appointment at a convenient time, to inspect the books and records of etrax for the purpose of verifying any statement of account delivered and only for this purpose.
All notices and statements shall be sent by email to the party to be notified. Payments to the Copyright Holder shall be made by electronic transfer. Cost of transfer will be borne by Copyright Holder.
Termination
Either party is free to terminate this agreement at any time with 30 days notice by email.
Limitation of Liability
etrax shall not be held liable for legal proceedings resulting from a breach of these terms and conditions by the Copyright Holder.
Governing Law and Jurisdiction
This Agreement supersedes any and all prior negotiations, undertakings and agreements between the parties hereto with respect to the subject matter hereof. Each of the parties acknowledges and agrees that neither party has made any representations or promises in connection with this Agreement, or the subject matter hereof, that are not contained herein.
etrax shall have the right to assign this Agreement and/or to assign, license or otherwise transfer any or all of its rights, powers, privileges and obligations hereunder to any person.
For the purposes of this Agreement, the word "person" means and refers to any individual, corporation, partnership, association or any other organised group of persons or legal successors or representatives of the foregoing. Whenever the expressions "the term of this Agreement" or "period hereof" or words of similar connotation are included herein, they shall be deemed to mean and refer to the original period of this Agreement and the period of all renewals, extensions, substitutions or replacements of this Agreement, whether expressly indicated or otherwise. The word "etrax" shall include its assignees and successors.
This Agreement shall not constitute a partnership between E-Trax Music Limited and the Copyright Holder and shall be interpreted by the laws of England.