Ghost producer schlager

TRANSFER OF RIGHTS AGREEMENT

 

This model contract is offered as a template as a part of the electronic service offered by Alcora.nl(“Company”) through the Website, so that the parties interested in performing this transaction can make use of it, without having the Company direct interest or being part of this contract. This contract has been drafted taking into account the international legal regulations and the agreement on the protection of copyright established by the Berne Convention, last amended on September 28, 1979, and by which most countries are currently regulated and harmonized in the field of intellectual property.

This contract sets forth the conditions between the Licensor and the Licensee. To use the Service, both parties must read, understand, and agree to the terms of this contract, as well as the Terms of Use.

  • This contract includes, on the first hand, the Licensee, interested in obtaining the exploitation rights of the Work and making use of it according to the conditions established in this contract, within the limits of the international legal regulations. On the other hand, the Licensor, as the original Author of the Work, original holder of the exploitation rights (“Rights”) of the Work, which are the main object of this contract, and of the moral rights of the Work.
  • The Website is a portal and directory for the purchase and sale of Work exploitation rights and music production services. The Company offers only technological support and online tools for the sale of the Rights by their Authors and the purchase of these Rights by the Buyers, under the conditions stipulated by the Authors of the Works. The Company only acts as an intermediary, offering its technology so that the Works can be listened to on the Website by potential Buyers.
  • The Licensor agrees to offer all the Rights of the Work that he or she submits and publishes on the Website, under the conditions established in this contract, in exchange for a price fixed by him or herself. The Company’s role is limited to handling the collection of the sale price that the Author of the Work has set.
  • The Licensee agrees to make the corresponding payment, managed by the Company, in exchange for receiving the files of the purchased Work and the transfer of the Rights related to this Work, with the conditions described in this contract, within the limits of the international legal regulations. This payment is irreversible and non-refundable.
  • The Licensor affirms to offer a Work created, composed and produced by him or herself, being this Work completely original and not containing illegal samples or not licensed samples. If the Work contains legal and licensed samples or loops, the Author is totally responsible for listing all of these samples or loops on the product page (“Website”).
  • The Licensor affirms that the Work has not been disclosed before to submit it on the Website, that means that it has not seen the light of the day before in any possible way and any third party had access to the Work before.
  • The Licensee obtains an original Work, understanding that the Work might contain legal free royalty use samples or licensed loops. If the Work contains licensed samples or loops, they will be announced in the description of the Work in the product page (“Website”). In this case, the Licensor only includes the production that accompanies this sample or loop in the License, but not the rights of the sample or loop itself, which would correspond to another original author, not having any relation with the Licensor, the Company or this contract.
  • The Licensor agrees to transfer the Rights of the Work to the Licensee through an exclusive, unique, permanent, irrevocable, irreversible, unlimited, worldwide, and sub-licensable authorization. The transfer of Rights includes (but is not limited to) the exclusive right to publish and/or record and/or reproduce and/or distribute and/or adapt and/or make available to third parties and/or transfer the composition as well as the recording (in whole or in part), all in the broadest sense and regardless of the form or medium in which, the relevant act is performed (currently known or known in the future). Publication also means: distribution, rental, loan, recitation, public performance or broadcast of all or part of the composition and/or recording or a reproduction thereof, regardless of the technology or medium used for such publication. As a result of the transfer described in this contract, the Rights transferred in each composition and recording (“Work”) will fall into the Buyer’s assets as soon as the Buyer pays and the Company receives the money for the Work.
  • The Licensee is responsible for using the Work acquired under the conditions established in this contract and within the applicable legal intellectual property regulations, as well as to respect the integrity of the Author’s Work and not violate any moral right.
  • The Licensor, being aware of the inalienable and permanent moral rights acquired over the Work automatically as the natural creator, which includes, among others, the Author’s right to decide if and how the Work has to be divulged, and to determine whether such divulgation has to be made under his or her name, under pseudonym, sign, or anonymously, and to demand the recognition of his or her condition as Author of the Work and respect for the integrity of the Work, states that:
    • The Licensor agrees to maintain anonymity as the creator of the Work, and claims to know that the exploitation of the Work under anonymity is an essential element of this contract.
    • The Licensor agrees to the exploitation of the Work, including the publication, release or offer for sale, by the Licensee or a sub-licensee under his or her (Licensee or sub licensee) own name, pseodonym, brand, project, company, etc.
    • The Licensor authorizes the Licensee to register the Work under the Licensee’s name in any registry, virtual registry, virtual or physical intellectual property office, database, platform, media, etc. The purpose of this clause is understood to be that of enabling the Licensee to register the Work for solely administrative purposes, in order to facilitate the exploitation of the Work under the conditions established in this contract, so as not to have to request authorization from the Licensor for each necessary step, for example when publishing the Work through a label company or establishing a contract with a publisher. In any case shall this registration be understood as a substitution of the paternity of the work, which the Licensee understands that it corresponds to and is retained by the Licensor in a natural way due to the fact of having created the Work. In this sense, the Company acts as a witness to the paternity of the Licensor’s original Work as its natural creator.
    • The Licensor agrees that the Licensee can divulgue or publish the Work in any of the possible ways.
    • The Licensor agrees that the Licensee can transform the Work or any part of it into any form.
    • The Licensor renounce to claim any damage in relation to his or her moral rights in any of the possible ways to harm the object of this contract.

    Being stated, included and recognized in this contract, the consideration of the moral rights that the Licensor holds in a permanent and unrenounceable way, the Licensor understands that section 10 is key to the development of the object of the transaction. If the Licensor decides to undo any of the clauses included in section 10, the Licensor would be taking advantage of the Service and the Licensee in an act of bad faith. In this case, the Licensor agrees to compensate by paying to the Licensee:

    • All the expenses that the Licensee has invested in the Work to which this license refers: promotion, management, videos, artworks, advice, etc.
    • A penalty of minimum 50,000€ up to a maximum of 500,000€ (this amount is considered a penalty, regardless of the damages caused).
    • Compensation for the damage and prejudice caused.
  • The transfer of Rights takes place when the Company, as an intermediary and manager of the monetary transaction, receives the payment from the Licensee.
  • The Licensor agrees to not share any information related to any transaction made through the Company with any third party, this means that the Licensor will not share information related to the sold Work, the Licensee or the transaction itself on the Website with any third party.
  • The Licensor is obligated to provide technical support regarding the sold and licensed Work files for one year once the Work is sold. The Licensor is also required to provide any necessary administrative support, such as signing or filling out information, if it’s mandatory.
  • The Company cannot be held liable by the Licensor or the Licensee for any infringement or legal problem concerning the Work. The Company will only act as a mediator or intermediary, within its capabilities, between Licensor and Licensee. If any of the parties have any complaints, they should contact the Company using the email address listed in the Terms of Use or on the contact page.
  • This contract is subject to the international framework of intellectual property, and both parties agree to respect and act within the limits established by the applicable law.
  • To the fullest extent permitted by applicable law, the Licensor and the Licensee agree to indemnify and hold the Company harmless from any damages, losses and expenses of any kind (including reasonable attorney’s fees and costs) arising from: (1) Licensor’s or Licensee’s breach of this contract; (2) Licensor’s fraudulent Content; (3) fraudulent activity in or through the Service in which any of the parties are involved; and (4) violation of the law or the rights of a third party by any of the parties of this contract.
  • The Company, its affiliates, and their licensors, service providers, employees, agents, officers, or directors shall not be held liable for damages of any nature, arising out of or in connection with the use or inability to use the Website, the Service offered, any websites linked to it, any Content on the Website or such other websites, or any services or items obtained through the Website or such other websites. This includes but is not limited to direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, regardless of whether caused by tort (including negligence), breach of contract or otherwise, even if such damages were foreseeable. However, this limitation of liability shall not apply to any liability that cannot be excluded or limited under applicable law.
  • Both parties agree and acknowledge that any legal dispute regarding a Work will be strictly resolved between the Licensor and the Licensee.
  • The Licensor and the Licensee agree that, to the extent permitted by law, their sole and exclusive remedy for any problem or dissatisfaction with the Service is to cease using the Service. While the Company accepts no responsibility for third-party use or Content uploaded on the Service, to the extent permitted by law, their sole and exclusive remedy, with respect to the Company, for any problems or dissatisfaction with third-party content on the Service is to stop using the Service and stop accessing the Website.
  • If any provision in this contract is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in this contract shall not be affected in any way.
  • The Company, as an intermediary of this contract, maintains a copy of the master of each licensed Work, associated directly with the data of the Licensor, Licensee and this contract. In order to identify each transaction.
  • The Company may provide information about the counterparty to either the Licensor or the Licensee as deemed necessary in cases of litigation, administrative issues, tax issues, etc.
  • The Company cannot be held responsible for any possible loss of data or files.
  • The Licensor’s original name, nationality and address will be disclosed to the Licensee in the Transfer of Rights contract.
  • The Licensee’s signature and censored original name will be shared with the Licensor in the Transfer of Rights contract.
  • Alcora.nl (“Company”) is located at: Napoleonsweg, 6083AB, Nunhem, Netherlands.
  • By accepting this contract, both parties, Licensor and Licensee, confirm to have read and accepted the Terms of Use.
  • Both parties, Licensor and Licensee, agree to submit to the courts of Nunhem, Netherlands for any legal conflict against the Company.