Collecting societies equitable remuneration
Collecting societies. 9.1 The Customer undertakes to remit any accruing fees for related rights to collecting societies such as Suisa, Suissimage, Société Suisse des Auteurs, Pro Litteris or Swissperform. In the event that the Agency advances these fees, the Customer undertakes to reimburse these to the Agency on production of proof of actual expenditure. This can also be done after completion of the contractual relationship.
Collecting societies. In the event that the Musician is entitled by law to receive from domestic or foreign collecting societies equitable remuneration or other forms of income in respect of recordings of his/her performances made under this clause that is additional to that arising under this clause, nothing contained in this clause shall prevent the musician from laying claim to the same. The musician shall not be obliged to account to the BSO for any such income to which he/she is entitled.
Collecting societies. 4.1 Any and all rights and claims administered by collecting societies in the Licence Territory shall be excluded from the grant of rights. Licensee will clear these claims and/or rights at its own costs and will indemnify Licensor against all third party claims regarding these rights.
4.2 Licensee is obliged to specify to the collecting societies in charge for the Licence Territory the title of the Program/s used in the Territory, the original title (in the case of series or mini series the title of the series / mini series and the titles of each individual episode) and the ZDF program ID - if the Program/s are ZDF Production/s.
4.3 All amounts collected by any author’s rights organization, performing rights society or governmental agency which are payable to authors, producers or licensees and which arise from royalties, compulsory licenses, cable retransmission income, exhibition surcharges or the like, will, as between Licensor and Licensee, be Licensor’s. By way of illustration but not limitation, this will apply to such amounts arising from theatrical exhibition of the program, from any tax or royalty payable with regard to the sale of blank audio- or videograms, or the sale or rental of VCRs and other hardware, from royalties collected by AGICOA and from collections by music performing or mechanical rights societies. Licensor has the sole right to apply for and collect all these amounts. If any of them are paid to Licensee, then Licensee, without any deduction from the full amount received, will immediately remit them to Licensor with an appropriate statement identifying the payment and evidence of Licensee’s receipt of such funds thereof.
Collecting societies. The Licensor warrants that the work under this agreement is not registered or any other wise assigned at any collecting society. The Licensor grants to Licensee to fulfill all obligations or payments to any collecting society if a claim in Licensor’s name occurs by any collecting society to Licensee’s disadvantage. In such case Licensor shall indemnify and hold harmless Licensee against all demands and payments. To reduce possible damages to the Licensee the Licensor furthermore assigns all possible royalties claims to the Licensee against any collecting society arising from Licensee’s use of Licensor’s work.
