Common use of Artist Warranties Clause in Contracts

Artist Warranties. Artist warrants to Company that Artist has the power and authority to enter into this Agreement, is the Artist and copyright holder of the Master Recordings, or has or will obtain all necessary and appropriate rights and licenses to grant the license in this Agreement with respect to the Master Recordings. Artist represents and warrants that the Master Recordings are original to Artist except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners and that proper clearances or permission have been obtained from the Artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Master Recordings. Artist warrants that Artist's use of any name or moniker will not infringe on the rights of others and that Artist's use of any musical composition or arrangement will not infringe on the rights of others. Artist further warrants that the Master Recordings do not: * contain any libelous material * infringe any trade name, trademark, trade secret or copyright * invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right. Artist hereby indemnifies Company and undertakes to defend Company against and hold Company harmless (including without limitation attorney fees and costs) from any claims and damage arising out of a breach of Artist's Warranties as provided above. Artist agrees to reimburse Company for any payment made by Company with respect to this Section, provided that the claim has been settled or has resulted in a final judgment against Company or its licensees. Artist shall notify Company in writing of any infringements or imitations by others of the Master Recording which may come to Artist's attention.

Appears in 2 contracts

Samples: Independent Label License Agreement, Independent Label License Agreement

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Artist Warranties. Artist warrants to Company that Artist has the power and authority to enter into this Agreement, is the Artist and copyright holder of the Song(s) and the Master Recordings, or has or will obtain all necessary and appropriate rights and licenses to grant the license in this Agreement with respect to the Song(s) and Master Recordings. Artist represents and warrants that the Song(s) and the Master Recordings are original to Artist except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners owners, and that proper clearances or permission have been obtained from the Artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Master Recordings. Artist warrants that Artist's use of any name or moniker will not infringe on the rights of others and that Artist's use of any musical composition or arrangement will not infringe on the rights of others. Artist further warrants that the Song(s) and Master Recordings do not: * contain any libelous material * infringe any trade name, trademark, trade secret secret, or copyright * copyright, or • invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right. Artist hereby indemnifies Company and undertakes to will defend Company against and hold Company harmless (including including, without limitation limitation, attorney fees and costs) from any claims and damage arising out of a breach of Artist's Warranties as provided above. Artist agrees to reimburse Company for any payment made by Company with respect to this Section, provided that the claim has been settled or has resulted in a final judgment against Company or its licensees. Artist shall will notify Company in writing of any infringements or imitations by others of the Master Recording which that may come to Artist's attention.

Appears in 1 contract

Samples: Mechanical License Agreement

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Artist Warranties. Artist warrants to Company that Artist has the power and authority to enter into this Agreement, is the Artist and copyright holder of the Master Recordings, or has or will obtain all necessary and appropriate rights and licenses to grant the license in this Agreement with respect to the Master Recordings. Artist represents and warrants that the Master Recordings are original to Artist except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners and that proper clearances or permission have been obtained from the Artists artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Master Recordings. Artist warrants that Artist's use of any name or moniker will not infringe on the rights of others and that Artist's use of any musical composition or arrangement will not infringe on the rights of others. Artist further warrants that the Master Recordings do not: * contain any libelous material * infringe any trade name, trademark, trade secret or copyright * invade or violate any right of privacy, personal or proprietary right, or other common law or statutory right. [ ] Artist hereby indemnifies Company and undertakes to defend Company against and hold Company harmless (including without limitation attorney fees and costs) from any claims and damage arising out of a breach of Artist's Warranties as provided above. Artist agrees to reimburse Company for any payment made by Company with respect to this Section, provided that the claim has been settled or has resulted in a final judgment against Company or its licensees. Artist shall notify Company in writing of any infringements or imitations by others of the Master Recording which may come to Artist's attention.

Appears in 1 contract

Samples: Independent Label Recording Agreement

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