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- Before we can capture your performance, you need to provide consent for us to do so. This consent is provided by you using the agreement below. Please read it carefully.
- If you are NOT signed to a Label who owns or controls your recording services, then for the purpose of this agreement you are 'Label'.
- If you ARE signed to a Label who owns or controls your recording services, then the Label must provide consent for the purpose of this agreement.
- This agreement only grants us the rights listed under clause 2 ('Rights Granted').
- This agreement does not give us any rights to commercially release the recording without your permission. A separate Distribution Agreement is required if the recording is to be commercially released.
- By agreeing to this Performers' Recording Consent you don’t oblige yourself to release the recording if you don't wish to.
- You own the recording as per clause 3 ('Copyright'). Note that this particular type of copyright ownership is separate to copyright ownership of the underlying compositions themselves, as these are usually property of the composer(s) or their publisher.
- If we experience technical difficulties (for example, if a MasterBuilder cannot be communicated with, or is malfunctioning) we may choose to engage a subcontractor or third party to capture the performance on our behalf as per clause 5.1. This does not bestow any further permissions on or rights to that subcontractor or third party other than those listed in clause 2 ('Rights Granted').
This agreement is between OpenHD Pty Ltd (ACN 169 584 276) of Level 1 46-52 Meagher Street CHIPPENDALE NSW 2008 (we, us, our) and each performer individually named below in “Artist” (collectively and individually referred to as you, your).
Background:
- We wish to record your performance as the Artist during the Live Session in anticipation of the potential commercial release of the Recordings;
- Your exclusive recording services are contracted to the Label;
- We have entered or intend to enter into a distribution or license agreement (Distribution Agreement) with the Label relating to the exploitation of Recordings;
- The Recordings will not be commercially released without the consent of the Label including a Distribution Agreement.
- Rights Granted
- You grant us the right to film, record, photograph and otherwise capture your name, likeness, image, voice, appearance, performance and biographical material in connection with the Live Session (Recordings).
- We will be responsible for all costs incurred in making the Recordings prior to release. In the event the Recordings (i) are released, recoupment of such costs will be subject to the terms of the Distribution Agreement; or, (ii) never released, you will not be responsible for any Recording or Distribution costs.
- If, upon completion of the Recordings, you wish to exploit the Recordings through any means, as a condition of your exploitation we will automatically be granted a non-exclusive right to exploit the Recordings on the OpenLIVE Platform, subject otherwise to the terms of the Distribution Agreement.
- We have no right to commercially exploit the Recordings without your or the Label’s prior consent. In the event the Label and you decide not to release the Recordings, you may elect to have them permanently destroyed.
- Copyright
- All rights (including copyright) in and to the Recordings shall, upon creation, vest in and be owned by you in perpetuity throughout the world.
- Warranties and Indemnity
- You represent and warrant that you have legal capacity and the right to grant the rights under this Agreement, and will not infringe upon the rights of any third party.
- Your participation in relation to the Recordings will be made at your own risk and you shall release, indemnify and hold harmless, us and any of our directors, officers, employees, contractors, licensees and agents (the Released Persons) from any action, proceeding, suit, claim or demand which you have, or may have, which is connected with, or incidental to:
- your participation in the Recordings; and
- any matter or thing referred to in this Agreement.
- You shall indemnify and hold us and the Released Persons harmless from any claims, damages, liabilities, costs and expenses arising out of any breach by you of any warranty, representation or agreement made by each and any of you hereunder.
- Miscellaneous
- We may assign, sublicense or transfer any or all rights or obligations under this Agreement to any third party either wholly or partially without further notice to you.
- This Agreement shall be governed by the laws of New South Wales and the parties hereby agree to submit to the exclusive jurisdiction of the courts of such state in resolving any disputes.
This Agreement will create a binding and legally enforceable contract between you and us. The date of this Agreement is the date on which you book this recording.
I/we agree to the terms of this Agreement and warrant full authority for and on behalf of each and all of the Artist