Limited Statutory License to
Transmit in an Internet Radio Show
1.0 Definitions:
Except as otherwise provided in this document, as used in this document,
the following terms and their variant forms mean the following:
"Copyright Owner", with respect to any one of the exclusive
rights comprised in a copyright, refers to the owner of that particular
right.
"Digital Transmission" is a transmission in whole or in part
in a digital or other non-analog format.
"Financial Gain" includes receipt, or expectation of receipt,
of anything of value, including the receipt of other copyrighted works.
"Media Broadcast Network - MBN", A Wyoming, USA Corporation
to include it's licensee's www.KickRadio.com , www.GlobalTop40.com , www.bMuse.com , www.popmyradio.com , www.mykickradio.mobi , www.popradio.mobi.
"Transmission Program" is a body of material that, as an aggregate,
has been produced for the sole purpose of transmission to the public
in sequence and as a unit.
"Transmit" to display and/or communicate works by any device
or process whereby images or sounds are received beyond the place from
which they are sent.
"Works" are material objects in which sounds, other than those
accompanying a motion picture or other audiovisual work, are fixed by
any method now known or later developed, and from which the sounds can
be perceived, reproduced, or otherwise communicated, either directly
or with the aid of a machine or device.
The term "works" includes the material object in which the
sounds are first fixed and includes any form of digital media used to
transmit, transport or
otherwise deliver said sounds."
2.0 Scope of License:
2.1
Whereas this agreement is entered
into between MBN and the copyright owner.
2.2
Whereas at the time of acceptance it is agreed and understood that all
works provided by the copyright owner are done so under the provisions
of Copyright Law of the United States of America contained in Title
17 of the United States Code (USC) Chapter 1 §
114 (d) (3) (C) that states a copyright owner may license their own
material and thereby grant permission to allow for public performance
of their copyrighted work.
2.3
Whereas at the time of acceptance
it is agreed and understood that all works provided by the copyright
owner are done so under the provisions of USC Title 17 Chapter 1 § 106 regarding exclusive
rights in copyrighted works that states the owner of copyright under
this title has the exclusive rights to do and to authorize any of the
following: from subpart (6), “in the case of sound recordings, to
perform the copyrighted work publicly by means of a digital audio transmission.”
2.4
Whereas at the time of acceptance
it is agreed and understood that this license has limitations and is
bound by USC Title 17 Chapter 1 §
112--Limitations on exclusive rights: Ephemeral recordings (a) (1) that
states:
(A) the copy or phonorecord
is retained and used solely by the transmitting organization that made
it, and no further copies or phonorecords are reproduced from it; and
(B) the copy or phonorecord
is used solely for the transmitting organization's own transmissions
within its local service area, or for purposes of archival preservation
or security; and
(C) unless preserved exclusively
for archival purposes, the copy or phonorecord is destroyed within six
months from the date the transmission program was first transmitted
to the public.
2.5
Whereas, as the owner of the
copyrighted work, you hereby authorize MBN the exclusive right, free
from any other agreements, encumbrances, liens or rights granted to
other parties not a part of this agreement, to transmit this work by
way of digital transmission, either separately or in conjunction with
transmission programs, created and controlled by MBN.
2.6
Whereas it is understood that this agreement is free from any and all
financial gain, that neither party will pursue financial gain at any
time as a result of this agreement to transmit said work and that the
transmission of said work is for the sole purpose of promotion for both
MBN and the copyright owner.
2.7
Whereas it is understood and agreed that by virtue of authorizing
this License any royalty payments as may be assessed for public performance
by any agency of the government are here and now considered as fully
paid by MBN in the form of the promotional service provided to the copyright
owner.
2.8
Whereas you, the copyright owner, expressly warrant and represent the
following to MBN and acknowledge that MBN is relying upon such warranties
and representations as follows:
A) That all factual assertions you have made and will make to us are
true and complete; that you have reached the age of majority and are
otherwise
competent to enter into contracts in your jurisdiction; and that in
any event you are at least 18 years of age.
B) That you have obtained and hold all rights, approvals, consents,
licenses and/or permissions, in proper legal form, necessary to submit
Materials on the
terms provided herein and to grant Media Broadcast Network the nonexclusive
licenses set forth herein.
C) That no other rights, approvals, consents, licenses and/or permissions
are required from any other person or entity to submit your Materials
on the terms
provided herein or to grant Media Broadcast Network the exclusive licenses
set forth herein.
D) That your Materials are original; that your Materials were either
created solely by you or, by written assignment, you have acquired all
worldwide
intellectual property rights in and to your Materials; that if your
Materials contain any "samples" or excerpts from copyrightable
work the rights to which
are owned in whole or in part by any person or entity other than you,
that you have obtained and hold all rights, approvals, consents, licenses
and/or
permissions, in proper legal form, necessary to use and include such
work in your Materials; and that your Materials do not otherwise infringe
on the
intellectual property rights of any person or entity.
E) That neither your Materials nor any comments or reviews you post
on the Site violate any common law or statutory patent, copyright, privacy,
publicity,
trademark or trade secret rights of any person or entity and are not
libelous, defamatory, obscene or otherwise actionable at law or equity.
F) That you have neither intentionally nor with gross negligence submitted
any Materials containing or producing any virus or other harmful code
or other
information that could damage or otherwise interfere with our computer
systems or data and/or that of our customers.
G) You agree to sign and deliver to Media Broadcast Network any additional
documents that Media Broadcast Network may request to confirm Media
Broadcast Network's rights and your warranties and representations under
this Agreement.
H) You acknowledge that Media Broadcast Network is relying upon the
representations, warranties and covenants you have made herein. You
agree to and hereby do indemnify Media Broadcast Network, its licensees,
assigns and customers against, and hold them harmless from, any loss,
expense (including reasonable attorney fees and expenses), or damage
occasioned by any claim, demand, suit, recovery, or settlement arising
out of any breach or alleged breach of any of the representations, warranties
or covenants made herein or arising out of any failure by you to fulfill
any of the representations, warranties, or covenants you have made herein.
I) All representations, warranties or covenants made herein by you shall
survive termination of this Agreement.
J) All warranties and representations made by you herein are made for
the benefit of Media Broadcast Network and its sub-licensees and may
be enforced separately by Media Broadcast Network and/or by any contractually
designated sub-licensee of Media Broadcast Network.
3.0 Execution of Agreement
3.1
Therefore in consideration of MBN's efforts to provide your work with
worldwide public exposure you expressly authorize MBN to transmit in
any manner, form or media whether now known or hereafter devised, any
work you submit to MBN with the understanding that said transmission
will be within the limitations and within the scope of this agreement
and as set forth above in Sub-Sections 2.4 and 2.5.
3.2
Therefore as the copyright owner you hereby expressly grant MBN a Non-Exclusive
and Non-Transferable Royalty-Free License:
A) to transmit said work to the public for the sole purpose of promotion
on behalf of you, the copyright owner,
B) to use materials, as provided by the copyright owner to include all
names, likenesses, biographical information, logos, marks or trade names
of the
copyright owner and individuals performing on or otherwise represented
exclusively in or by this work,
C) free from financial gain to you, any other persons, entities, groups
or associations. Refer above to Sub-Sections 2.6 and 2.7 for further
clarification.
4.0 Amendment and Termination
4.1
Any party to this agreement may request that it be amended, whereupon
the parties will consult to reach a consensus on the proposed amendment.
Where no consensus can be reached, the agreement will not be amended.
Any signatory to this agreement may terminate it by providing thirty
(30) days notice to the other parties, provided that the signatories
and concurring parties will consult during the period prior to termination
to seek agreement on amendments or other actions that would avoid termination.
4.2
Therefore it is agreed the rights you grant herein and pursuant to this
license shall terminate upon any of the following conditions:
A) you exercise your right
to request removal of any or all works or materials freely provided
or
B) at the end of the six (6)
month period outlined above in Sub-Section 2.4.