Contract for Participation in Sonus and Other CEC Projects
The present contract describes the Terms of Agreement for the use of a musical, sonic, audio or otherwise sound-based artistic work that may or may not comprise visual or video components (hereafter referred to as the “Work”), which has been created solely or partially by the person submitting the Work (the “Artist”), by the Canadian Electroacoustic Community (the “Producer”).
NB: Any instance of the pronoun “they” encountered herein is to be understood not only as the plural form (two or more persons) but also as a gender-neutral third-person singular personal pronoun.
1. Authorship. The Artist guarantees that they are the author or co-author of the Work, as well as either the sole copyright owner or a majority owner of the copyright of the Work, and are for these reasons morally and legally entitled to grant such permissions and licence as are described in this contract for the use of the Work by the Producer.
2. Permissions. The Artist has obtained all permissions required for any and all use, wholly or in part and including — but not limited to — reading, recording, sampling, citation and Plunderphonics, of texts and/or works by persons, groups, organizations or any other natural persons or legal entities other than the Artist in the creation, documentation or presentation of the Work, as well as all permissions required from all individuals, groups, organizations or any other natural persons or legal entities involved in the performance, documentation and/or recording of the Work, and is morally and legally free to assign such permissions to the Producer as are described in this contract.
3. Mechanical Licence. The Artist hereby unconditionally grants the Producer the right to use the Work in Sonus, an online jukebox and media library for electroacoustic practices created and managed solely by the Producer, as well as in any other projects (for example, JTTP and eContact!) that the Artist has explicitly indicated in the submission form linked to this contract. The Producer is authorized by the Artist to use the Work in CEC-coordinated projects as well as in collaborations the Producer undertakes with other individuals and bodies and is, for such purposes only, permitted to use the Work in an appropriate format at the Producer’s discretion, be it a direct copy of the unaltered original submission, or a conversion of the entire Work or an excerpt thereof made by the Producer to encode it in a lossless (WAV, FLAC, etc.) or lossy (MP3, ogg, AAC, etc.) format.
4. Retention of Copyright. The Artist shall retain all copyright and other rights pertaining to the Work that they already possess at the signing of this contract, including — but not limited to — the right to perform, present, reproduce, alter or distribute the Work in any form or fashion.
5. PROs and Royalties. The Producer shall acknowledge the performing rights organization (PRO) with whom the Work is registered — insofar as this information has been provided to the Producer by the Artist in the submission form or in a subsequent written communication — in any context where the Work is used, in any form, as part of the Producer’s activities. The Artist assumes responsibility for ensuring the appropriate PRO is informed of any potential royalty-generating activities in which the Work is used by the Producer.
6. Support Materials. The Producer may edit and translate, as required and in a manner that is appropriate to the context in which the Work is to be used, any texts pertaining to the Work that have been provided to the Producer by the Artist. The Producer shall request and receive the Artist’s written approval of any such altered or translated texts, as well as any texts authored by the Producer pertaining to the Work, before using them in relation to the Work or for any other purposes.
7. Remuneration. The Artist relinquishes any claim to remuneration from the Producer, from its collaborators or partners, and from any affiliates of these, for the use of the Work by the Partner within the realm of activities delineated by this contract. The Producer will, however, make efforts to secure some form of remuneration or compensation for the Artist from partners on projects led by or involving the Producer in which the Work is used.
8. Liability and Indemnification. Under no circumstances shall the Producer be held liable for any claims or liabilities arising from the Artist’s failure to obtain permissions related to the Work as described in (2), or arising from any challenge to the Artist’s claim to ownership, copyright or other rights pertaining to the Work, or arising from any use of the Work by the Producer that falls within the realm of the terms delineated in this contract, and, further, the Artist shall fully indemnify the Producer for any and all costs and expenses arising therefrom.
9. Obligation. This contract entails no obligation of the Producer to present, distribute or release the Work, nor is the Producer obliged to undertake any activities pertaining to the promotion of the Artist or of the activities of the Artist.
10. Contract Termination. The Artist may at any time, with ten working days’ notice, retract the rights described herein by explicitly requesting the cancellation of this contract in a written and dated communication sent to and received by the Producer.