Author: SCI Members Mailing List
Subject: Contract from Germany
fyi - here's the whole contract ...
Contract between Mr. ....... author of the work : ..... in the following called / hereafter named author and Bellmannmusik e.K., Markt 5, 06188 Landsberg hereafter named publisher. 1. The author swears that his work doesn ́t breach any rights of a third party and that he hasn ́t disposed the rights yet which is the subject matter of this contact. He releases the publisher of rights which are claimed by a third party and holds the publisher blameless for all charges which arise out of such a cause. 2. The author grants the exclusive right to the publisher for the graphic and multimedia copying and distribution of the work (right of publishing) all over the world for all editions. 3. The publisher has the exlusive right to permit the re-print and reproduction of the work worldwide inter alia (amongst others) specific editions, collections, anthologies, programs and newspapers, also when text and music are seperated or in abbreviated form (excerpts). The publisher grants the necessary permission for the reproduction of the sheet music for private and other use. 4. The author grants the publisher the following, exclusive rights of use and accordingly entitlements to compensation for his work worldwide. a) the performance rights of a work with or without text, b) the rights of the radio programs c) the rights of the loud-spreaker programs including the playback as a musical-dramatic work d) the rights of the television program and television playback including the reproduction as a musical- dramatic work e) the rights of a movie screening including the the playback as a musical-dramatic work f) the recording rights, the performance rights, the rigts of duplication and distribution on sound and colour multimedia and other data carriers as well as the right of inserting the the work into databases, documentation systems or in similiar kind of storage systems. g) the rights of publishing and distribution on the internet and in other music exchange systems as well as the usage as ringtone melody. h) the rights to the usage of the work (with or without text) for the production of filmworks or any other kind of recording on colour sound medium as well as every other connection of works of musical form (with or without text) with works of different categories on multimedia – and other data carrier or in data bases or documentation systems or similiar storage systems, amongst others, with the possiblity of interactive use. i) these kinds of rights which develop throughout henceforth tecnical developments or through modification of the law, insofar as as they correspond to letters a) to h). 5. In addtion the publisher has the right to determine the amount of the editions, the kind of the configuration and the selling price b) to conduct and duplicate and disseminate adaptions, abstracts and translations of the work. The publisher may conduct changes of the work and the title in utmost good faith and the author is not allowed to refuse his acceptance to that. c) to assign usage rights at which the receiver has to be bound to the conditions of this contract as well as connecting the work with another, to solve such a connection and to solve such a connection in place of another one insofar as the author cannot refuse his acceptance for broadcasting, connection, solution or replacement in utmost good faith. d) to use the work respectively an adaption of the work for advertising purposes of every kind respectively to allow the use for advertising purposes by a third party. e) to allow the use of the work as a stage work and to make use of it. 6. The publisher is particularly obligated a) to disseminate and duplicate the work within an adequate deadline after receipt of the fully developed manuscript b) to (campaign) for the rights which are granted to him c) to fulfill special formalities as far as those are necessary to protect the rights of the author d) to deliver the author 3 free copies and to deliver copies to him, when he asks, at 40% of the selling price. Their secondary purchase has to be carried out at the valid shop price. If he borrows editions those might not be liquidated by the author (neither with or without remuneration) nor might they be loaned or used for performances, recordings or production of copies or anything else with or without remuneration. 7. The author is particularly obligated a) to assign the work to the publisher in its developed form without charge and to conduct the necessary amendments and revisions without a special remuneration. b) to use the work fully or partly for another work (in an independent new-creative way) only with the written permission of the publisher. 1. The scheme of distribution of the collection societies is applicable for the distribution of the proceeds which are a result of the fiduciary realized rights of the copyright collection societies 2. For every copy sold the publisher pays % of the net sales price to the author 10.Several legal successors of the author must name (to the publisher) a common person authorized to take delivery and authorized representative. Until the proof of the legal succession and up to the designation of the representative the publisher ́s duty of deduction/payoff rests 11.The publisher can assign his rights for foreign countries to subpublishers in a way which makes them participate in the earnings of every utilization of the work in the licensed territory according to the distribution plans of the collecting society which is responsible for them. The publisher will inform the author if he asks about it about the (signing of the) agreement, the essential content and about the co- contractor of every sub publisher contract. The author is allowed to review the contract. If the rights of the original contract end before maturity, the agreement between original – and sub publisher contract stays untouched in a way that the author enters the agreement (instead of the publisher) without assuming responsiblities which have already arisen. 12.Should the author wish to use the material, the content or one part or theme of the work for the creation of a new independent work (or for adaptation) or if he wants to publish works about similiar topics, he will first offer every of these works to the publisher. The author obligates himself that he otherwise will not use neither the same nor a similiar title, content or essential part of the work without permission of the publisher. 13.This contract is made for the term of the legal retention period. If it will be extended in a country this contract will still so be effective for the length of the extention period. 14.This contract is subject to conditions according to the laws of the Federal Republic of Germany. As far as there are no other agreements the terms of the copyright law apply. .......................................................................................... place, date .......................................................................................... author .......................................................................................... place, date .......................................................................................... publisher
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Subject: Contract from Germany
fyi - here's the whole contract ...
Contract between Mr. ....... author of the work : ..... in the following called / hereafter named author and Bellmannmusik e.K., Markt 5, 06188 Landsberg hereafter named publisher. 1. The author swears that his work doesn ́t breach any rights of a third party and that he hasn ́t disposed the rights yet which is the subject matter of this contact. He releases the publisher of rights which are claimed by a third party and holds the publisher blameless for all charges which arise out of such a cause. 2. The author grants the exclusive right to the publisher for the graphic and multimedia copying and distribution of the work (right of publishing) all over the world for all editions. 3. The publisher has the exlusive right to permit the re-print and reproduction of the work worldwide inter alia (amongst others) specific editions, collections, anthologies, programs and newspapers, also when text and music are seperated or in abbreviated form (excerpts). The publisher grants the necessary permission for the reproduction of the sheet music for private and other use. 4. The author grants the publisher the following, exclusive rights of use and accordingly entitlements to compensation for his work worldwide. a) the performance rights of a work with or without text, b) the rights of the radio programs c) the rights of the loud-spreaker programs including the playback as a musical-dramatic work d) the rights of the television program and television playback including the reproduction as a musical- dramatic work e) the rights of a movie screening including the the playback as a musical-dramatic work f) the recording rights, the performance rights, the rigts of duplication and distribution on sound and colour multimedia and other data carriers as well as the right of inserting the the work into databases, documentation systems or in similiar kind of storage systems. g) the rights of publishing and distribution on the internet and in other music exchange systems as well as the usage as ringtone melody. h) the rights to the usage of the work (with or without text) for the production of filmworks or any other kind of recording on colour sound medium as well as every other connection of works of musical form (with or without text) with works of different categories on multimedia – and other data carrier or in data bases or documentation systems or similiar storage systems, amongst others, with the possiblity of interactive use. i) these kinds of rights which develop throughout henceforth tecnical developments or through modification of the law, insofar as as they correspond to letters a) to h). 5. In addtion the publisher has the right to determine the amount of the editions, the kind of the configuration and the selling price b) to conduct and duplicate and disseminate adaptions, abstracts and translations of the work. The publisher may conduct changes of the work and the title in utmost good faith and the author is not allowed to refuse his acceptance to that. c) to assign usage rights at which the receiver has to be bound to the conditions of this contract as well as connecting the work with another, to solve such a connection and to solve such a connection in place of another one insofar as the author cannot refuse his acceptance for broadcasting, connection, solution or replacement in utmost good faith. d) to use the work respectively an adaption of the work for advertising purposes of every kind respectively to allow the use for advertising purposes by a third party. e) to allow the use of the work as a stage work and to make use of it. 6. The publisher is particularly obligated a) to disseminate and duplicate the work within an adequate deadline after receipt of the fully developed manuscript b) to (campaign) for the rights which are granted to him c) to fulfill special formalities as far as those are necessary to protect the rights of the author d) to deliver the author 3 free copies and to deliver copies to him, when he asks, at 40% of the selling price. Their secondary purchase has to be carried out at the valid shop price. If he borrows editions those might not be liquidated by the author (neither with or without remuneration) nor might they be loaned or used for performances, recordings or production of copies or anything else with or without remuneration. 7. The author is particularly obligated a) to assign the work to the publisher in its developed form without charge and to conduct the necessary amendments and revisions without a special remuneration. b) to use the work fully or partly for another work (in an independent new-creative way) only with the written permission of the publisher. 1. The scheme of distribution of the collection societies is applicable for the distribution of the proceeds which are a result of the fiduciary realized rights of the copyright collection societies 2. For every copy sold the publisher pays % of the net sales price to the author 10.Several legal successors of the author must name (to the publisher) a common person authorized to take delivery and authorized representative. Until the proof of the legal succession and up to the designation of the representative the publisher ́s duty of deduction/payoff rests 11.The publisher can assign his rights for foreign countries to subpublishers in a way which makes them participate in the earnings of every utilization of the work in the licensed territory according to the distribution plans of the collecting society which is responsible for them. The publisher will inform the author if he asks about it about the (signing of the) agreement, the essential content and about the co- contractor of every sub publisher contract. The author is allowed to review the contract. If the rights of the original contract end before maturity, the agreement between original – and sub publisher contract stays untouched in a way that the author enters the agreement (instead of the publisher) without assuming responsiblities which have already arisen. 12.Should the author wish to use the material, the content or one part or theme of the work for the creation of a new independent work (or for adaptation) or if he wants to publish works about similiar topics, he will first offer every of these works to the publisher. The author obligates himself that he otherwise will not use neither the same nor a similiar title, content or essential part of the work without permission of the publisher. 13.This contract is made for the term of the legal retention period. If it will be extended in a country this contract will still so be effective for the length of the extention period. 14.This contract is subject to conditions according to the laws of the Federal Republic of Germany. As far as there are no other agreements the terms of the copyright law apply. .......................................................................................... place, date .......................................................................................... author .......................................................................................... place, date .......................................................................................... publisher
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