Xerxes' Atlas - The world's first wiki-musical : Contributor Terms and Conditions
Between You (the Composer)
Xerxes Atlas is co-ordinating the writing and production of a collaboratively written musical entitled Xerxes Atlas which will be licensed to third parties under a creative commons licence (the Musical).
2.
The Composer wishes to grant a licence for the Works and Xerxes Atlas wishes to pay a composers fee for that licence on the terms and conditions set out below.
1. Licence: The Composer grants Xerxes Atlas a non-exclusive, perpetual, irrevocable and worldwide licence to use, change, adapt, modify, sub-licence, profit from and sell and to permit its contractors, agents, affiliates and licensees (including other participants involved in writing the Musical) to use, change, adapt, modify and sub-licence the Works on the terms set out below.
2. Participation in Collaborative Process: Following signing of this Agreement by the parties:
4. Inclusion of Compositions in Musical: Xerxes Atlas will determine at its discretion whether and the extent to which any Compositions will be included in the Musical and will notify the Composer accordingly.
5. Fees: The licence set out in clause 1 of this Agreement is granted in consideration of Xerxes Atlas’ payment of the Composer’s Fee. The Composer’s Fee will be paid to the Composer as soon as reasonably practicable following completion of the Musical. The Composer will on request provide Xerxes Atlas with a valid tax invoice for the Composer’s Fee.
6. Termination: Where Xerxes Atlas elects not to include any Compositions in the Musical under clause 4, this licence agreement will terminate with effect from the date on which notice is given.
7. Warranties: Except to the extent that the Works incorporate, modify, adapt or are otherwise based on compositions submitted by other participants involved in writing the Musical, the Composer warrants that it is the original author of the Works and that the exercise by Xerxes Atlas of the rights in this Agreement will not infringe the intellectual property rights or other proprietary rights of any third party.
8. Indemnity: The Composer indemnifies Xerxes Atlas against all claims, losses, liabilities, damages and costs (including legal costs on a solicitor and own client basis) which Xerxes Atlas incurs as a result of any breach of the warranty set out in clause 7.
9. Usage: The Composer may synchronize the whole or an excerpt of the Works with other audio and visual elements and may change, adapt or modify the Work in any way for the purposes set out in this Agreement.
10. Public Performance: The Composer grants Xerxes Atlas the right to the public performance of the Works, including but not limited to making performances of the Musical available for streaming or download via the Internet.
11. Distribution: The Composer grants Xerxes Atlas the right to mass distribute the Works in the form of a written musical compilation, sound recording or any other form via the Internet or other broad based mediums without a separate distribution licence.
12. Acknowledgement: The Composer acknowledges that Xerxes Atlas intends to make the Musical available to third parties under a Creative Commons licence.
13. Royalty Fees: The Composer waives all rights to royalty fees associated with the sale, distribution and performance of the Work.
14. Interpretation: In this Agreement:
Compositions means any musical compositions created by the Composer either independently or in collaboration with other composers based on the storyboard and song briefs for the Musical;
15. General: This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all previous negotiations, commitments or correspondence. No alteration of the terms of this Agreement will be binding unless it is in writing and executed by both parties. This Agreement will be governed by the laws of New Zealand.
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End of Terms
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Between You (the Composer)
And Xerxes Atlas Limited, Auckland New Zealand (Xerxes Atlas)
Introduction
1.Xerxes Atlas is co-ordinating the writing and production of a collaboratively written musical entitled Xerxes Atlas which will be licensed to third parties under a creative commons licence (the Musical).
2.
The Composer wishes to grant a licence for the Works and Xerxes Atlas wishes to pay a composers fee for that licence on the terms and conditions set out below.
It is agreed:
1. Licence: The Composer grants Xerxes Atlas a non-exclusive, perpetual, irrevocable and worldwide licence to use, change, adapt, modify, sub-licence, profit from and sell and to permit its contractors, agents, affiliates and licensees (including other participants involved in writing the Musical) to use, change, adapt, modify and sub-licence the Works on the terms set out below.
2. Participation in Collaborative Process: Following signing of this Agreement by the parties:
a. Xerxes Atlas will provide storyboards and song briefs for the Musical to the Composer; and3. Submission of Compositions: Xerxes Atlas may create Compositions either independently or in collaboration with other composers. Any such Compositions may be submitted to Xerxes Atlas at any time to enable Xerxes Atlas to consider the inclusion of those Compositions in the Musical.
b. the Composer will be invited to participate in creative meetings, hear the musical works of other composers and invited to develop Compositions.
4. Inclusion of Compositions in Musical: Xerxes Atlas will determine at its discretion whether and the extent to which any Compositions will be included in the Musical and will notify the Composer accordingly.
5. Fees: The licence set out in clause 1 of this Agreement is granted in consideration of Xerxes Atlas’ payment of the Composer’s Fee. The Composer’s Fee will be paid to the Composer as soon as reasonably practicable following completion of the Musical. The Composer will on request provide Xerxes Atlas with a valid tax invoice for the Composer’s Fee.
6. Termination: Where Xerxes Atlas elects not to include any Compositions in the Musical under clause 4, this licence agreement will terminate with effect from the date on which notice is given.
7. Warranties: Except to the extent that the Works incorporate, modify, adapt or are otherwise based on compositions submitted by other participants involved in writing the Musical, the Composer warrants that it is the original author of the Works and that the exercise by Xerxes Atlas of the rights in this Agreement will not infringe the intellectual property rights or other proprietary rights of any third party.
8. Indemnity: The Composer indemnifies Xerxes Atlas against all claims, losses, liabilities, damages and costs (including legal costs on a solicitor and own client basis) which Xerxes Atlas incurs as a result of any breach of the warranty set out in clause 7.
9. Usage: The Composer may synchronize the whole or an excerpt of the Works with other audio and visual elements and may change, adapt or modify the Work in any way for the purposes set out in this Agreement.
10. Public Performance: The Composer grants Xerxes Atlas the right to the public performance of the Works, including but not limited to making performances of the Musical available for streaming or download via the Internet.
11. Distribution: The Composer grants Xerxes Atlas the right to mass distribute the Works in the form of a written musical compilation, sound recording or any other form via the Internet or other broad based mediums without a separate distribution licence.
12. Acknowledgement: The Composer acknowledges that Xerxes Atlas intends to make the Musical available to third parties under a Creative Commons licence.
13. Royalty Fees: The Composer waives all rights to royalty fees associated with the sale, distribution and performance of the Work.
14. Interpretation: In this Agreement:
Compositions means any musical compositions created by the Composer either independently or in collaboration with other composers based on the storyboard and song briefs for the Musical;
Composer’s Fee means a percentage of the Total Fee based on the contribution of the Works to the Musical as a whole, which percentage will be determined by an appropriately qualified, independent third party appointed by Xerxes Atlas for that purpose and notified by Xerxes Atlas to the Composer as soon as reasonably practicable following completion of the Musical;
Musical Production means a play or other theatrical performance accompanied by music.
Total Fee means the total fee of $[X] to be divided between contributors to the Musical in consideration for their creative input into the Musical;
Works means any Compositions submitted to Xerxes Atlas pursuant to clause 3 solely to the extent that Xerxes elects to incorporate such Compositions into the Musical in accordance with clause 4.
15. General: This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all previous negotiations, commitments or correspondence. No alteration of the terms of this Agreement will be binding unless it is in writing and executed by both parties. This Agreement will be governed by the laws of New Zealand.
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End of Terms
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This work is licensed under a Creative Commons Licence.