Common use of Extent of the Licence Clause in Contracts

Extent of the Licence. 3.1 This Agreement does not extend to or permit the inclusion of any adaptation of any Repertoire Work in an episode of the Programme unless the relevant MCPSI member has expressly consented thereto for the purposes of the Agreement. By way of example only, this applies to: (a) making any arrangement of the music; or (b) making any alteration to the lyrics, save for any minor change which does not alter the meaning thereof; or (c) any sampling (as that expression is commonly used in the music industry) of the music and/or lyrics or (d) reproduction in the form of a sample of the music and/or lyrics; or (e) using with music lyrics other than those written to be used with the music or authorised for use with the music; or (f) using with lyrics music other than that written to be used with the lyrics or authorised for use with the lyrics. 3.2 The Agreement does not extend to the reproduction of any Commercial Work: (a) in the form of a parody, pastiche or burlesque of any Commercial Work or of any composer or writer of any Commercial Work or any band or other group of artists which includes any composer or writer of any Commercial Work; or (b) where there is a derogatory, facetious, obscene or demeaning reference to the Commercial Work, its composer(s) and author(s) or the performing artist; or (c) without prejudice to clauses 3.3 and 3.4 below, in any manner which is likely to or causes the public to believe that the Commercial Work (or the composer(s) thereof) is endorsing or promoting any product or service, or the views expressed in the Programme. Whether a use of a Commercial Work breaches this clause 3.2 shall be decided by MCPSI in its reasonable discretion. 3.3 For the avoidance of doubt, the licences granted under this Agreement do not cover the use of any Repertoire Work with any advertising where: (a) such Repertoire Work is incorporated into such advertising; or (b) such Repertoire Work is otherwise presented in such a way that a reasonable person might associate the Repertoire Work with the advertising. 3.4 The licences granted under this Agreement do not cover the use of any Commercial Work with any Sponsorship message where: (a) such Commercial Work is incorporated into such Sponsorship Message; or (b) such Commercial Work is otherwise presented in such a way that a reasonable person might associate the Commercial Work with the Sponsorship Message. 3.5 The use of any Commercial Work in title and/or credit sequences is excluded from this Agreement. Commercial Works for use in title and/or credit sequences must be licensed in advance individually with the copyright owner or via MCPSI. 3.6 The licences granted under this Agreement do not cover the use of any Repertoire Work in a Programme or a Music Programme which has a Delivery Date after the end of the Term 3.7 All rights not specifically granted under this Agreement are hereby reserved, and the parties hereby agree that no implied licences are to be construed hereunder. 3.8 The acts of broadcasting and making available of Repertoire Works within the Programme and within Programme Related Material are not licensed hereunder. 3.9 The provisions of this Agreement authorise the making of the Programme for the Authorised Exploitation only. In the event that a copy of the Programme or the soundtrack thereof is made or used in any way for any other purpose (including, without limitation, retail sale, rental and/or lending, cinematic performance) whether by any party to this Agreement or any other party then that copy shall not be licensed under this Agreement. MCPSI reserves all rights including those of the members of MCPS and the affiliated societies and the affiliated society members to take action in relation to any such copy. 3.10 This Agreement only covers Repertoire Works. It does not extend to other rights or interests, including (by way of example only), sound recordings other than PMSRs, films, dramatic works, performers’ rights, moral rights or rights in performances. MCPSI, for and on behalf of MCPS and its members, warrants that all the necessary performers’ waivers and consents have been obtained from the relevant performers insofar as their performances are embodied on PMSRs. 3.11 It is the responsibility of the Licensee to obtain all necessary licences in relation to any Musical Work (or part thereof) which is not a Repertoire Work, and nothing in this Agreement applies in relation to any such Musical Work or sound recording or film producing any such Musical Work. 3.12 Nothing in this Agreement affects the moral rights of authors of Repertoire Works whether subsisting in the Republic of Ireland or any other territory.

Extent of the Licence. 3.1 This Agreement does not extend to or permit the inclusion of any adaptation of any Repertoire Work in an episode of the Music Programme unless the relevant MCPSI MCPS member has expressly consented thereto for the purposes of the Agreement. By way of example only, this applies to: (a) making any arrangement of the music; or (b) making any alteration to the lyrics, save for any minor change which does not alter the meaning thereof; or (c) any sampling (as that expression is commonly used in the music industry) of the music and/or lyrics or (d) reproduction in the form of a sample of the music and/or lyrics; or (e) using with music lyrics other than those written to be used with the music or authorised for use with the music; or (f) using with lyrics music other than that written to be used with the lyrics or authorised for use with the lyrics. 3.2 The Agreement does not extend to the reproduction of any Commercial Work: (a) in the form of a parody, pastiche or burlesque of any Commercial Work or of any composer or writer of any Commercial Work or any band or other group of artists which includes any composer or writer of any Commercial Work; or (b) where there is a derogatory, facetious, obscene or demeaning reference to the Commercial Work, its composer(s) and author(s) or the performing artist; or (c) without prejudice to clauses 3.3 and 3.4 below, in any manner which is likely to or causes the public to believe that the Commercial Work (or the composer(s) thereof) is endorsing or promoting any product or service, or the views expressed in the Music Programme. Whether a use of a Commercial Work breaches this clause 3.2 shall be decided by MCPSI MCPS in its reasonable discretion. 3.3 For the avoidance of doubt, the licences licence granted under this Agreement do not cover the use of any Repertoire Work with any advertising where: (a) such Repertoire Work is incorporated into such advertising; or (b) such Repertoire Work is otherwise presented in such a way that a reasonable person might associate the Repertoire Work with the advertising. 3.4 The licences licence granted under this Agreement do not cover the use of any Commercial Work with any Sponsorship message where: (a) such Commercial Work is incorporated into such Sponsorship Message; or (b) such Commercial Work is otherwise presented in such a way that a reasonable person might associate the Commercial Work with the Sponsorship Message. 3.5 The licence granted under this Agreement does not cover the use of any Repertoire Work in the following types of Music Programmes unless the relevant MCPS member has expressly consented thereto for the purposes of the Agreement: (a) Music Programmes relating to a single composer or author, composer and/or author team and/or where all Commercial Works contained within the Music Programme are by the same composer or author, or composer and/or author team; or (b) Music Programmes relating to a single music artist or record label and/or where all Commercial Works contained within the Music Programme are performed by the same music artist or controlled by the same record label. 3.6 The use of any Commercial Work in title and/or credit sequences and/or Ad-bumpers is excluded from this Agreement. Commercial Works for use in title and/or credit sequences and/or Ad- bumpers must be licensed in advance individually with the copyright owner or via MCPSIMCPS. 3.6 The licences 3.7 Where any Repertoire Work forms part of any Dramatico-Musical Work, the licence granted under this Agreement do shall not cover apply to the use reproduction of: (a) the whole Dramatico-Musical Work; (b) any excerpt(s) from such Dramatico-Musical Work unless all of the following circumstances apply: (i) the Music Programme contains only excerpt(s) within the definition of Permitted Excerpts; and (ii) MCPS has not notified the Licensee in writing that the Member or the Foreign Society Member objects to the reproduction of any such Repertoire Work in a Programme Work. 3.8 In any event, any licence hereunder only applies to the relevant Repertoire Works and not (by way of example only) to any underlying dramatic or a Music Programme literary work which has a Delivery Date after the end forms part of the TermDramatico- Musical Work or which such Dramatico-Musical Work is based on or uses. 3.7 3.9 All rights not specifically granted under this Agreement are hereby reserved, and the parties hereby agree that no implied licences are to be construed hereunder. 3.8 3.10 The acts of broadcasting and making available of Repertoire Works within the Music Programme and within Programme Related Material are not licensed hereunder. 3.9 3.11 The provisions of this Agreement authorise the making of the Music Programme for the Authorised Exploitation onlyExploitation. In the event that a copy of the Music Programme or the soundtrack thereof is made or used in any way for any other purpose (including, without limitation, retail sale, rental and/or lending, cinematic performance) whether by any party to this Agreement or any other party then that copy shall not be licensed under this Agreement. MCPSI MCPS reserves all rights including those of the its members of MCPS and the affiliated societies and the affiliated society members to take action in relation to any such copy. 3.10 3.12 This Agreement only covers Repertoire Works. It does not extend to other rights or interests, including (by way of example only), sound recordings other than PMSRs, films, dramatic works, performers’ rights, moral rights or rights in performances. MCPSIMCPS, for and on behalf of MCPS and its members, warrants that all the necessary performers’ waivers and consents have been obtained from the relevant performers insofar as their performances are embodied on PMSRs. 3.11 3.13 It is the responsibility of the Licensee to obtain all necessary licences in relation to any Musical Work (or part thereof) which is not a Repertoire Work, and nothing in this Agreement applies in relation to any such Musical Work or sound recording or film producing any such Musical Work. 3.12 3.14 Nothing in this Agreement affects the moral rights of authors of Repertoire Works whether subsisting in the United Kingdom and the Republic of Ireland or any other territory.

Extent of the Licence. 3.1 This Agreement does not extend to or permit the inclusion of any adaptation of any Repertoire Work in an episode of the Programme or Qualifying Programme, Programme Related Material or Made for Online Material, unless the relevant MCPSI MCPS member has expressly consented thereto for the purposes of the Agreement. By way of example only, this applies to: (a) making any arrangement of the music; or (b) making any alteration to the lyrics, save for any minor change which does not alter the meaning thereof; or (c) any sampling (as that expression is commonly used in the music industry) of the music and/or lyrics or (d) reproduction in the form of a sample of the music and/or lyrics; or (e) using with music lyrics other than those written to be used with the music or authorised for use with the music; or (f) using with lyrics music other than that written to be used with the lyrics or authorised for use with the lyrics. 3.2 The Agreement does not extend to the reproduction of any Commercial Work: (a) which, in relation to Qualifying Programmes only, exceeds 7 minutes in duration; or (b) in the form of a parody, pastiche or burlesque of any Commercial Work or of any composer or writer or performer of any Commercial Work or any band or other group of artists which includes any composer or writer of any Commercial Work; or (bc) where there is a derogatory, facetious, obscene or demeaning reference to the Commercial Work, its composer(s) and author(s) or the performing artist; or (cd) without prejudice to clauses 3.3 and 3.4 below, in any manner which is likely to or causes the public to believe that the Commercial Work (or the composer(s) thereof) is endorsing or promoting any product or service, or the views expressed in the Programme. Whether a use of a Commercial Work breaches this clause 3.2 shall be decided by MCPSI MCPS in its reasonable discretion. 3.3 The Agreement does not extend to the production and reproduction of any: (a) programming relating to a single composer or author, composer and/or author team and/or where all Commercial Works contained within the Programme and/or Qualifying Programme are by the same composer or author, or composer and/or author team; or (b) Music Programmes relating to a single music artist or record label and/or where all Commercial Works contained within the Programme and/or Qualifying Programme are performed by the same music artist or controlled by the same record label, unless such programme has been commissioned by or expressly approved by the relevant record company or the artist’s management company. For the avoidance of doubt, this Agreement extends to all Music Progammes other than those described in clause 3.3(a) and 3.3(b) above. 3.4 For the avoidance of doubt, the licences granted under this Agreement do not cover the use of any Repertoire Work with any advertising where: (a) such Repertoire Work is incorporated into such advertising; or (b) such Repertoire Work is otherwise presented in such a way that a reasonable person might associate the Repertoire Work with the advertising. 3.4 3.5 The licences granted under this Agreement do not cover the use of any Commercial Work with any Sponsorship message where: (a) such Commercial Work is incorporated into such Sponsorship Message; or (b) such Commercial Work is otherwise presented in such a way that a reasonable person might associate the Commercial Work with the Sponsorship Message. 3.5 3.6 The use of any Commercial Work in title and/or credit sequences is excluded from this Agreement. Commercial Works for use in title and/or credit sequences must be licensed in advance individually with the copyright owner or via MCPSIMCPS. 3.6 The 3.7 Where any Repertoire Work forms part of any Dramatico-Musical Work, the licences granted under this Agreement do shall not cover apply to the use reproduction of: (a) the whole Dramatico-Musical Work; (b) any excerpt(s) from such Dramatico-Musical Work unless all of the following circumstances apply: (i) the Programme contains only excerpt(s) within the definition of Permitted Excerpts; and (ii) MCPS has not notified the Licensee in writing that the Member or the Foreign Society Member objects to the reproduction of any such Repertoire Work in a Programme Work. 3.8 In any event, any licence hereunder only applies to the relevant Repertoire Works and not (by way of example only) to any underlying dramatic or a Music Programme literary work which has a Delivery Date after the end forms part of the TermDramatico-Musical Work or which such Dramatico-Musical Work is based on or uses. 3.7 3.9 All rights not specifically granted under this Agreement are hereby reserved, and the parties hereby agree that no implied licences are to be construed hereunder. 3.8 The acts of broadcasting and making available of Repertoire Works within the Programme and within Programme Related Material are not licensed hereunder. 3.9 The provisions of this Agreement authorise the making of the Programme for the Authorised Exploitation only. In the event that a copy of the Programme or the soundtrack thereof is made or used in any way for any other purpose (including, without limitation, retail sale, rental and/or lending, cinematic performance) whether by any party to this Agreement or any other party then that copy shall not be licensed under this Agreement. MCPSI reserves all rights including those of the members of MCPS and the affiliated societies and the affiliated society members to take action in relation to any such copy. 3.10 This Agreement only covers Repertoire Works. It does not extend to other rights or interests, including (by way of example only), sound recordings other than PMSRs, films, dramatic works, performers’ rights, moral rights or rights in performances. MCPSI, for and on behalf of MCPS and its members, warrants that all the necessary performers’ waivers and consents have been obtained from the relevant performers insofar as their performances are embodied on PMSRs. 3.11 It is the responsibility of the Licensee to obtain all necessary licences in relation to any Musical Work (or part thereof) which is not a Repertoire Work, and nothing in this Agreement applies in relation to any such Musical Work or sound recording or film producing any such Musical Work. 3.12 Nothing in this Agreement affects the moral rights of authors of Repertoire Works whether subsisting in the Republic of Ireland or any other territory.

Extent of the Licence. 3.1 This Agreement does not extend to or permit the inclusion of any adaptation of any Repertoire Work in an episode of the any Programme, Programme Related Material or Made for Online Material unless the relevant MCPSI MCPS member has expressly consented thereto for the purposes of the Agreement. By way of example only, this applies to: (a) making any arrangement of the music; or (b) making any alteration to the lyrics, save for any minor change which does not alter the meaning thereof; or (c) any sampling (as that expression is commonly used in the music industry) of the music and/or lyrics or (d) reproduction in the form of a sample of the music and/or lyrics; or (e) using with music lyrics other than those written to be used with the music or authorised for use with the music; or (f) using with lyrics music other than that written to be used with the lyrics or authorised for use with the lyrics. 3.2 The Agreement does not extend to the reproduction of any Commercial Work: (a) in the form of a parody, pastiche or burlesque of any Commercial Work or of any composer or writer of any Commercial Work or any band or other group of artists which includes any composer or writer of any Commercial Work; or (b) where there is a derogatory, facetious, obscene or demeaning reference to the Commercial Work, its composer(s) and author(s) or the performing artist; or (c) without prejudice to clauses 3.3 and 3.4 below, in any manner which is likely to or causes the public to believe that the Commercial Work (or the composer(s) thereof) is endorsing or promoting any product or service, or the views expressed in the Programme. Whether a use of a Commercial Work breaches falls within this clause 3.2 shall be decided by MCPSI MCPS in its reasonable discretion. 3.3 For the avoidance of doubt, the licences granted under this Agreement do not cover the use of any Repertoire Work with any advertising where: (a) such Repertoire Work is incorporated into such advertising; or (b) such Repertoire Work is otherwise presented in such a way that a reasonable person might associate the Repertoire Work with the advertising. 3.4 The licences granted under this Agreement do not cover the use of any Commercial Work with any Sponsorship message where: (a) such Commercial Work is incorporated into such Sponsorship Message; or (b) such Commercial Work is otherwise presented in such a way that a reasonable person might associate the Commercial Work with the Sponsorship Message. 3.5 The use of any Commercial Work in title and/or credit sequences and/or Ad-bumpers is excluded from this Agreement. Commercial Works for use in title and/or credit sequences and/or Ad-bumpers must be licensed in advance individually with the copyright owner or via MCPSIMCPS. 3.6 The Where any Repertoire Work forms part of any Dramatico-Musical Work, the licences granted under this Agreement do shall not cover apply to the use reproduction of: (a) the whole Dramatico-Musical Work; (b) any excerpt(s) from such Dramatico-Musical Work unless all of the following circumstances apply: (i) the Programme contains only excerpt(s) within the definition of Permitted Excerpts; and (ii) MCPS has not notified the Licensee in writing that the Member or the Foreign Society Member objects to the reproduction of any such Repertoire Work in a Programme Work. 3.7 In any event, any licence hereunder only applies to the relevant Repertoire Works and not (by way of example only) to any underlying dramatic or a Music Programme literary work which has a Delivery Date after the end forms part of the TermDramatico-Musical Work or which such Dramatico-Musical Work is based on or uses. 3.7 3.8 For the avoidance of doubt, this Agreement only grants rights in respect of the production and exploitation of the content outlined in clause 2.1 (i.e. Programmes, Made for Online Material and Non- Programme Material). No rights are granted under this Agreement in respect of any other types of content, including without limitation so called ‘Branded Content’ (such as brand endorsement productions, productions documenting sponsored initiatives, recruitment videos, or product demo videos) or Corporate Content (including audio-visual content for staff conferences and in-house use, content for intranet, client and agency site, or social media use, content for private and direct communication, or content for exhibitions). 3.9 All rights not specifically granted under this Agreement are hereby reserved, and the parties hereby agree that no implied licences are to be construed hereunder. 3.8 The acts of broadcasting and making available of Repertoire Works within the Programme and within Programme Related Material are not licensed hereunder. 3.9 The provisions of this Agreement authorise the making of the Programme for the Authorised Exploitation only. In the event that a copy of the Programme or the soundtrack thereof is made or used in any way for any other purpose (including, without limitation, retail sale, rental and/or lending, cinematic performance) whether by any party to this Agreement or any other party then that copy shall not be licensed under this Agreement. MCPSI reserves all rights including those of the members of MCPS and the affiliated societies and the affiliated society members to take action in relation to any such copy. 3.10 This Agreement only covers Repertoire Works. It does not extend to other rights or interests, including (by way of example only), sound recordings other than PMSRs, films, dramatic works, performers’ rights, moral rights or rights in performances. MCPSI, for and on behalf of MCPS and its members, warrants that all the necessary performers’ waivers and consents have been obtained from the relevant performers insofar as their performances are embodied on PMSRs. 3.11 It is the responsibility of the Licensee to obtain all necessary licences in relation to any Musical Work (or part thereof) which is not a Repertoire Work, and nothing in this Agreement applies in relation to any such Musical Work or sound recording or film producing any such Musical Work. 3.12 Nothing in this Agreement affects the moral rights of authors of Repertoire Works whether subsisting in the Republic of Ireland or any other territory.

Extent of the Licence. 3.1 This Agreement does not extend to or permit the inclusion of any adaptation of any Repertoire Work in an episode of the any Programme, Programme Related Material or Made for Online Material unless the relevant MCPSI MCPS member has expressly consented thereto for the purposes of the Agreement. By way of example only, this applies to: (a) making any arrangement of the music; or (b) making any alteration to the lyrics, save for any minor change which does not alter the meaning thereof; or (c) any sampling (as that expression is commonly used in the music industry) of the music and/or lyrics or (d) reproduction in the form of a sample of the music and/or lyrics; or (e) using with music lyrics other than those written to be used with the music or authorised for use with the music; or (f) using with lyrics music other than that written to be used with the lyrics or authorised for use with the lyrics. 3.2 The Agreement does not extend to the reproduction of any Commercial Work: (a) in the form of a parody, pastiche or burlesque of any Commercial Work or of any composer or writer of any Commercial Work or any band or other group of artists which includes any composer or writer of any Commercial Work; or (b) where there is a derogatory, facetious, obscene or demeaning reference to the Commercial Work, its composer(s) and author(s) or the performing artist; or (c) without prejudice to clauses 3.3 and 3.4 below, in any manner which is likely to or causes the public to believe that the Commercial Work (or the composer(s) thereof) is endorsing or promoting any product or service, or the views expressed in the Programme. Whether a use of a Commercial Work breaches this clause 3.2 shall be decided by MCPSI MCPS in its reasonable discretion. 3.3 For the avoidance of doubt, the licences granted under this Agreement do not cover the use of any Repertoire Work with any advertising where: (a) such Repertoire Work is incorporated into such advertising; or (b) such Repertoire Work is otherwise presented in such a way that a reasonable person might associate the Repertoire Work with the advertising. 3.4 The licences granted under this Agreement do not cover the use of any Commercial Work with any Sponsorship message where: (a) such Commercial Work is incorporated into such Sponsorship Message; or (b) such Commercial Work is otherwise presented in such a way that a reasonable person might associate the Commercial Work with the Sponsorship Message. 3.5 The use of any Commercial Work in title and/or credit sequences and/or Ad-bumpers is excluded from this Agreement. Commercial Works for use in title and/or credit sequences and/or Ad-bumpers must be licensed in advance individually with the copyright owner or via MCPSIMCPS. 3.6 The Where any Repertoire Work forms part of any Dramatico-Musical Work, the licences granted under this Agreement do shall not cover apply to the use reproduction of: (a) the whole Dramatico-Musical Work; (b) any excerpt(s) from such Dramatico-Musical Work unless all of the following circumstances apply: (i) the Programme contains only excerpt(s) within the definition of Permitted Excerpts; and (ii) MCPS has not notified the Licensee in writing that the Member or the Foreign Society Member objects to the reproduction of any such Repertoire Work in a Programme Work. 3.7 In any event, any licence hereunder only applies to the relevant Repertoire Works and not (by way of example only) to any underlying dramatic or a Music Programme literary work which has a Delivery Date after the end forms part of the TermDramatico-Musical Work or which such Dramatico-Musical Work is based on or uses. 3.7 3.8 All rights not specifically granted under this Agreement are hereby reserved, and the parties hereby agree that no implied licences are to be construed hereunder. 3.8 3.9 The acts of broadcasting and making available of Repertoire Works within the Programme and within any Programme, Programme Related Material, or Made for Online Material are not licensed hereunder. 3.9 The provisions of this Agreement authorise the making of the Programme for the Authorised Exploitation only. In the event that a copy of the Programme or the soundtrack thereof is made or used in any way for any other purpose (including, without limitation, retail sale, rental and/or lending, cinematic performance) whether by any party to this Agreement or any other party then that copy shall not be licensed under this Agreement. MCPSI reserves all rights including those of the members of MCPS and the affiliated societies and the affiliated society members to take action in relation to any such copy. 3.10 This Agreement only covers Repertoire Works. It does not extend to other rights or interests, including (by way of example only), sound recordings other than PMSRs, films, dramatic works, performers’ rights, moral rights or rights in performances. MCPSI, for and on behalf of MCPS and its members, warrants that all the necessary performers’ waivers and consents have been obtained from the relevant performers insofar as their performances are embodied on PMSRs. 3.11 It is the responsibility of the Licensee to obtain all necessary licences in relation to any Musical Work (or part thereof) which is not a Repertoire Work, and nothing in this Agreement applies in relation to any such Musical Work or sound recording or film producing any such Musical Work. 3.12 Nothing in this Agreement affects the moral rights of authors of Repertoire Works whether subsisting in the Republic of Ireland or any other territory.