This blanket license and music submission agreement, (“Agreement”) including hereto (collectively, the “Agreement”) is made by and between discovermediauk.co.uk , which includes its affiliates, successors, parents, subsidiaries, assigns, and designees (collectively, “Discover Media UK Radio and Entertainment Network”) and you (“Artist/Label/Management/Promoter” ), agreeing to this license when submitting your musical works for consideration on the network playlist at Discovermediauk. Playlist inclusion is ‘subject to availability’.
WHEREAS, Artist intends to submit sound recordings owned by Artist and contained within Artist’s catalog to discovermediauk.co.uk (“Artist’s Sound Recordings”) for transmission through discovermediauk.co.uk Radio Network.
WHEREAS, Artist owns all or sufficient rights, title and interest in Artist’s Sound Recordings such that Artist is permitted to lawfully waive any royalties associated with the digital performance of the Artist’s Sound Recordings and to grant discovermediauk a royalty-free license to transmit, use, reproduce Artist’s Sound Recordings through discovermediauk Distribution Network.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises and agreements set forth in this Agreement, the parties hereto agree as follows:
REPRESENTATIONS AND WARRANTIES
1. Artist represents and warrants as follows with respect to each of Artists’ Sound Recordings to be included within discovermediauk.co.uk’s Distribution Network:
(a) Artist owns or controls all or sufficient rights, title and interest in and to Artist’s Sound Recordings such that Artist is permitted to lawfully waive royalties (including all applicable statutory royalties) related to the digital performance of Artist’s Sound Recordings;
(b) Artist owns or controls all or sufficient rights, title and interest in and to Artist’s Sound Recordings contained in the Artist’s catalog to lawfully grant discovermediauk.co.uk a royalty-free, worldwide license to transmit, use, reproduce or otherwise exploit Artist’s Sound Recordings through discovermediauk.co.uk Distribution Network;
(c) Artist’s Sound Recordings do not infringe upon the copyright or any other statutory or common law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;
(d) Artist has not sold, assigned, transferred, or otherwise encumbered any part of his/her right, title, and interest in and to Artist’s Sound Recordings in a manner that would interfere or conflict with his/her right to grant the license to discovermediauk.co.uk contained in this Agreement. For avoidance of doubt, Artist warrants that s/he has the full right, power, and authority to grant all rights conferred upon discovermediauk.co.uk under this Agreement; and
(e) Other than the license and rights provided in this Agreement, no other licenses need to be obtained by discovermediauk.co.uk from any other person, firm, corporation or other entity in any country or territory of the world — including, without limitation, any domestic or foreign performance right organization, mechanical royalty collection organization or society (including PRS for Music and PPL), music publisher, administrator, record label or other company — in connection with: (i) discovermediauk.co.uk’s transmission, distribution, reproduction and/or other use of any of Artist’s Sound Recordings through discovermediauk.co.uk’s Distribution Network; or (b) any other rights granted by Artist to discovermediauk.co.uk in this Agreement.
GRANT OF RIGHTS
2. In consideration of the inclusion of Artist’s Sound Recordings into discovermediauk.co.uk’s Distribution Network and/or the promotion of Artist’s catalog to discovermediauk.co.uk’s users, Artist hereby grants discovermediauk.co.uk a royalty-free, non-exclusive, worldwide, perpetual license to:
(a) Use, transmit, reproduce, perform publicly, display publicly, perform digitally, and distribute by any means and any medium now known or hereafter devised, Artist’s Sound Recordings (in whole or in part) through discovermediauk.co.uk’s Distribution Network for any and all purposes (including, without limitation, in connection with the exploitation, marketing, advertisement or promotion of discovermediauk.co.uk and/or discovermediauk.co.uk’s Distribution Network), to the full extent permitted by law.
(b) Artist hereby grants discovermediauk.co.uk — in its sole discretion — the right to market or make other public announcements or statements relating to this Agreement or Artist’s Sound Recordings through various marketing channels, including, but not limited to, the discovermediauk.co.uk Website, newsletters and electronic mail.
(c) No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, employer-employee relationship or other form of joint enterprise between Artist and discovermediauk.co.uk.
Limitation of Liability. IN NO EVENT SHALL discovermediauk.co.uk BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, EVEN IF discovermediauk.co.uk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.