SUMMARY VERSION OF CONTRACT Licence for the digital exploitation of musical works The innovative aspect of this type of contract consists in considering distribution from a digital point of view, and therefore in redefining the role of the players involved in this distribution. A composer (or author) enters into a partnership with a structure that makes technology available. While not excluding conventional methods of music publishing, this powerful vector enables the composer to attain the global potential of performers, at conditions that act as an incentive to the performers in every respect, while at the same time providing greater returns in terms of royalties, an entirely legitimate concern for a composer. It also assumes the necessity of taking into account the time frames required for behaviour patterns to change. The specific site is www.bleumusiquedecreation.com (…) The Composer chooses to entrust the digital input, printing, making available/rental, broadcasting and distribution of works of his choice to a dedicated organization (the “Licensee”) in order to permit their digital broadcasting and distribution in the best possible conditions, which he is unable to do on his own, even from a personal website. The Licensee possesses a technological infrastructure dedicated to the digitisation of the data of musical works enabling the production, storage and management of such data, and the publishing and distribution of musical works. For the purpose of carrying out the terms of the full contract, the Licensee maintains a website open to all audiences, on the Internet at the URL address: http://www.musiqueenligne.com. The Licensee also maintains, under licence and across all geographic territories, a private computing network in the form of terminals that allow the digital broadcasting and distribution of electronic music files, sheet music and sound recordings accessible through affiliated stores. The specific site on which the works will be placed is called: Bleu. After visiting this site, orders are then placed through the general site. The purpose of the contract binding the Composer and the Licensee is to provide fee-paying access to the works in the catalogue on the principal website. This fee-paying access shall include the playing, downloading sale and rental of the works, including the possibility of postal delivery. Short excerpts from each work, chosen by the composer, are available on the site, as is a catalogue by composer, instrument and title, a biography, bibliography, discography (CDs can also be distributed through this means), photographs, links to personal websites, information of all kinds, comments, and even reviews of certain works, where deemed useful, distinctive characteristics of the composer, logos, translations, etc. The Composer must give prior approval to the Licensee for the works to be reproduced and made available to the general public. The Licensee will inform the Composer of the number of reproductions made of works prior to their distribution. Broadcasting and distribution schedules realised by the Licensee for the exploitation of the catalogue defined here will be approved by the Composer prior to their use. The Licensee will communicate reproduction mock-ups to a confidential URL as soon as possible after receiving the Composer’s copies of the works. The Licensee guarantees that users connected to the Licensee’s website will only have free access to partial representations (samples) of the musical works. It will only be possible to access an entire musical work by accepting the conditions for use displayed in a screen prompt and by making the corresponding payment. |