1. DEFINITIONS. The term Owner means Lorenzo Tempesti, born in Gemona del Friuli (UD) - Italy on 10th April 1979 and resident in Udine (UD) - Italy - via Quarto 49/17.
The term Licensee means LICENSEE_DATA
The term Site means the website www.bestproductionmusic.com
The term Production means the show entitled PRODUCTION_NAME produced by the Licensee.
The term SIAE means Società Italiana degli Autori ed Editori, the Italian copyright collecting agency.
The term Recording means an audio recording owned by the Owner.
The term Recordings means the audio recordings which contain the following musical compositions:
TRACK_LIST
A more detailed list of the identification data related to these Recordings is given in Annex A.
2. PARTIES OF THIS AGREEMENT. The parties of this contract are the Owner and the Licensee.
3. LICENSE GRANT. The Owner declares to be the sole owner of copyright and related rights of the compositions contained in the Recordings, without prejudice to SIAE, through which the copyright is exclusively administered in name of the Owner. The compositions of which the Owner is not the composer are in the public domain regarding the copyright stricto sensu.
The Owner declares to be the producer and sole owner of rights on the Recordings.
The ownership of the Recordings is not transferred to the Licensee. The Owner grants to the Licensee a license for the uses listed in the following paragraph 4. This license concerns only the rights regarding the musical production and the musical perfomance included in the Recordings, and not the copyright stricto sensu of the compositions written by the Owner, which is managed through SIAE. Therefore, in the cases where the law requires that, a further license from SIAE or its local representative is required to use the compositions which are composed by the Owner.
The rights object of this agreement are extended to the Users of the Production, with the limitations stated in paragraphs 12 and 13.
4. AUTHORIZATIONS. The Owner, as the producer of the musical compositions contained in the Recordings and as the sole author in the case he is also the composer of the Recordings, authorizes the Licensee to:
a. embed the Recordings in the Production (use them as a soundtrack), which can contain text, audio and images of any kind, provided they are not illegal according to the law in force in the moment and in the place where the production is realised;
b. modify the Recordings by any means, in order to adapt them to the purposes of the Production. In any case, the parties agree that the Owner will remain the sole rights holder for the Recordings (without prejudice to SIAE);
c. make audio/video recordings of the Production;
d. make the Production and its audio/video recordings available by means of public viewing and broadcasting, including but not limited to transmission by cable and satellite, television, internet;
e. produce, sell and rent physical and digital media containing audio/video recordings of the Production.
f. transfer to third parties in any way, in whole or in part, the Production with the automatic transfer of the rights included in this agreement.
5. FEE. This license is granted free of charge, with the following exceptions.
In the case that the download is made available only through paid download services, the Licensee will pay the cost of downloading for private and personal use.
In the case of winning cash prizes resulting from participation in competitions with the Production, the Licensee will make a donation to the Owner equal to at least 15% of the prize. In the case of use of music from various producers, the donation will be reduced proportionately to the time of the used Recordings compared to the total music time.
The Licensee authorizes the possible appearance of automatic advertisements on some online portals (e.g. Youtube) in case of publishing the Production or its audio/video recordings. Some of these portals prevent the distribution of advertising revenue (monetization) among the various contributors: the Licensee acknowledges this and waives to obtain any remuneration from these advertisements.
Copyright fees requested by SIAE may apply to some of the uses (e.g. public performances, DVDs, etc.). The Owner renounces to other different future royalties for the production and performer rights regarding the uses inclued in this license.
6. LIABILITY DISCLAIMER AND WARRANTY LIMITATION. The Recordings are provided AS THEY ARE, without warranties of any sort by the Owner. THE OWNER IS NOT PROSECUTABLE FOR ANY LOSS OF PROFIT USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, DERIVED FROM THE USE OF THE RECORDINGS.
7. WORKING COPIES. Without prejudice to different law provisions, the Licensee may make copies of the Recordings during his work on the Production. All copies of the Recordings made by the Licensee are subject to the terms and restrictions set in this contract and in particular can not be licensed, rented or leased, sold or otherwise shared or distributed.
8. RESTRICTIONS. The Licensee is prohibited from granting licenses, renting, leasing, selling or otherwise transferring, sharing, distributing or using the Recordings except in the previously listed ways. The duplication of the Recordings is authorised only for the purposes listed in paragraph 7. Any form of distribution of the Recordings that does not take place in conjunction with the Production is prohibited.
9. MENTIONS. The Licensee agrees to mention the Owner's name and other data relating to the Recordings, according to the procedures set out in Annex B.
10. SAMPLE COPIES AND PUBLICATION NOTICE.
a) In the case of duplication of CDs / DVDs or other media containing audio/video recordings of the Production in 100 or more copies, the Licensee must send to the Owner, at his own expense, a sample copy within 30 days after the conclusion of duplication. The copy will be sent by post to the following address: LORENZO TEMPESTI - VIA QUARTO 49/17 - 33100 UDINE - ITALY. Alternatively, the Licensee may deliver the sample copy in the form of files via the Internet. The Licensee authorizes the Owner to keep the sample copy and use it for personal use, without the need to pay any kind of rights.
b) In the event that an audio/video recording of the Production is made available on websites, the Licensee agrees to notify to the Owner within 30 days the direct url to access it, via e-mail message addressed to lorenzo@suonimusicaidee.it. In this case, the Licensee authorizes the Owner to make these audio/video recordings available on the Site through the technology called embedding, without the need to pay any kind of rights.
The obligations referred to in points a) and b) above are contemporaneous and are not mutually exclusive.
11. CUE SHEETS AND METADATA
The Licensee agrees to request and carefully complete the music reports (cue sheets) relating to the distribution of the Production and its audio/video recordings, in accordance with the data set out in Annex A, or in any case to communicate said data to the persons responsible for filling in the necessary metadata. In case of missing, incorrect or incomplete compilation or provision of data, the Licensee will be held directly responsible for any lost revenue, which will be forced to refund to the Owner.
12. LICENSEE OBLIGATIONS TOWARDS THIRD PARTIES. The Licensee agrees to make every effort to ensure that its employees, consultants or agents, who have access to the Recordings, comply with the terms of this contract. If the Licensee learns that the Recordings are used by the aforementioned persons not in accordance with the provisions of this contract, he must immediately arrange for such unauthorized use to cease without delay. The Licensee agrees to make this contract known, with the exclusion of the economic part, to buyers and users, in any form, of the Production.
13. LIABILITY FOR THIRD PARTY FACTS. The Recordings are covered by copyright and other reserved rights. The Licensee may be held directly responsible by the Owner for acts, made directly or through third parties, concerning the use of the Recordings which are not permitted by this contract or contrary to the provisions of the law in force.
14. NOT PERMITTED USE, REVOCATION OF LICENSE, DAMAGE. If the Licensee fails to comply with the terms and conditions contained in this contract or the law in force, the license will automatically be revoked without the need for communication between the Parties. In this case, the Licensee will be required to immediately delete the Recordings in its possession and all work copies, the Licensee must withdraw and destroy any copies of the Production and promptly interrupt any form of distribution of the Production. Furthermore, the Licensee must immediately refund the Owner for any damage.
15. CONTRACT SIGNATURE. This contract is intended as electronically signed by the Licensee by selecting the Yes checkbox on the page of the Site containing this license agreement.
This contract is intended as signed by the Owner by sending the signed text to the Licensee, also by e-mail to the address specified by the Licensee when registering on the Site. Before this act, the contract is not finalized and therefore the Owner has the right to interrupt the negotiation at any time, without having to give any notice to the Licensee.
16. DURATION. The license grant has an unlimited duration starting from the date of signature of the contract by the Owner, according to the methods set out in paragraph 15 and without prejudice to the withdrawal rights in paragraphs 17 and 18 below.
17. WITHDRAWAL BY THE LICENSEE. The Licensee has the right to withdraw from this contract if he decides, before the first publication or any other act of distribution of the Production, that he no longer wants to use the Recordings in Production. In this case, the Licensee may communicate his withdrawal by e-mail to lorenzo@suonimusicaidee.it or by registered letter addressed to: LORENZO TEMPESTI - VIA QUARTO 49/17 - 33100 UDINE - ITALY. In the communication the Licensee must declare that the production has not yet been distributed.
18. WITHDRAWAL BY THE OWNER. The Owner has the right to withdraw from this contract in the case referred to in paragraph 14 above, and also if his membership at the SIAE ceases. In this case, the Owner must communicate his withdrawal by e-mail to the Licensee's address as communicated to the Owner through the registration functions of the Site.
In the event that, at the time of receiving the notice of withdrawal, the Licensee had already started the distribution of the Production, he may oppose to the withdrawal within 30 days, through communication to be sent to the Owner's address indicated in the notice of withdrawal. In this case, the contract will be kept in place.
19. APPLICABLE LAW. This contract is subject to Italian and international law. In the event of legal action resulting in the proven failure to comply with the terms of this contract, it will be up to the resulting losing party to bear all legal fees.
20. REGISTRATION OF THE CONTRACT. This contract is subject to registration only in case of use.
21. JURISDICTION. For any dispute arising in connection with the interpretation and application of this contract, the implicated Part will be sued in its country of residence.
22. ANNEXES. Annexes A and B are an integral part of this contract.
The Licensee agrees to mention the Owner in these ways:
a) include the following mention in the main titles of the Production (if any):
music by Lorenzo Tempesti
b) include the following mention in the end credits of the Production (if any):
music
“TITLE OF THE COMPOSITION” (FIRST AND LAST NAME OF THE COMPOSERs)
www.bestproductionmusic.com
c) include the following mention in any poster, leaflet, cover related to the Production:
music by Lorenzo Tempesti - www.bestproductionmusic.com
d) include the following mention in websites, portals, e-mail messages in which the audio/video recording of the Production is published (e.g. Youtube):
music by Lorenzo Tempesti - https://www.bestproductionmusic.com
Last revision (3.1Se) of this document: 15/09/2018