This constitutes a legally binding agreement between you and The Newcastle Youth Radio Association,
Newcastle Youth Radio association MUSIC SUBMISSION TERMS AND CONDITIONS
By sending us via email an MP3, Video file or a link to download an audio or video file from the Internet; or a DVD or Compact Disk by regular post (collectively hereinafter referred to as “Your Music”), you agree to the following terms and conditions:
1. What This Agreement Entails
· We produce Internet Radio & Television and products for use by licensed Radio & Television broadcasters:
(a) Pre-recorded complete radio programs for syndicated broadcast on subscriber Radio Stations.
(b) 24/7 music-based streams delivered via secured satellite and Internet link to subscriber Radio Stations.
(c) Our own web radio stations, also offered for relay on subscriber Radio Stations.
(d) Pre-recorded complete Television programs for syndicated broadcast on subscriber Television stations.
(e) Our own web Television/Video stations, also offered for relay on subscriber Television Stations.
· By submitting Your Music you agree to its inclusion in any of the above at our sole discretion.
· Unless you notify us to the contrary, you agree that we can use Your Music for an unlimited period.
2. You represent and warrant:
(a) That you are the sole copyright owner of Your Music or legally entitled to enter into this agreement having obtained the necessary permissions of the copyright owner.
(b) That you are the sole owner of the mechanical copyright of the recording of Your Music or have obtained the necessary permissions of the mechanical copyright owner to enter into this agreement.
3. Music Reproduction
· We need to reproduce Your Music internally and as part of products for subscriber Radio or Television stations.
· At no time are these internal reproductions made available to the public directly.
· End-user products are provided only to licensed subscriber Television or Radio stations, never directly to the public.
(a) For the purposes of delivery and creation of programming you hereby grant to us the right to reproduce Your Music, in whole or part, onto any medium internally and waive the right to recover any mechanical royalties that may be due as a result.
(b) You hereby grant to us the right to retain a reproduction of Your Music in perpetuity where it is part of a completed or previous Pre-Recorded complete radio program retained for archival, but not broadcast, purposes.
4. Your Royalty Entitlements - Internet Broadcasting:
· Internet broadcasting is not currently cost-effective in Australia, therefore you waive the following rights in regard to the use of Your Music on our own web radio and TV/Video stations:
(a) The right to recover performance royalties under blanket licenses, including the right to collect such royalties individually or through a performance rights society.
(b) The right to recover mechanical rights or statutory royalties.
(c) The right to recover any royalty that may be applicable for public digital performance of the Work, such as web casting.
5. Your Royalty Entitlements – Broadcast Radio and TV Stations:
· We will make reasonable effort to enable subscriber broadcasters to accurately report performance of your work for the collection by you of applicable performance royalties, by providing broadcasters with play lists for each program or stream at the time of delivery. These play lists will be limited to:
(a) The name of each song used
(b) The name of each artist performing each song used
(c) The releasing label name provided for each song
· It will be a satisfaction of this requirement that such play lists are made available to broadcasters confidentially.
· You agree however, that at no time shall we be liable to make available to you any details of client broadcasters, for the purposes of your royalty accounting, or be required to make available any other similar sensitive business information.