Licensed Content List / Takedown Procedure Sample Clauses
Licensed Content List / Takedown Procedure. (a) The rights granted hereunder shall apply solely to the Licensed Content set forth on the Licensed Content List, attached hereto as Exhibit B. Licensor will provide the Licensed Content List according to the following terms:
(i) The Licensed Content List shall include at least all Licensor Compositions and Lyrics licensed to the digital music provider which has received the largest number of Licensor Compositions and Lyrics licensed owned/controlled by Licensor.
(ii) Licensor will provide a complete, updated Licensed Content List at execution of this Agreement and thereafter no less frequently than monthly as Licensed Content is added or subtracted from the Licensed Content List via access to an FTP or similar site as agreed upon by the appropriate, respective contacts of the parties as listed on Exhibit C; provided however, except as set forth in paragraph 4(a)(iv) below, nothing shall prevent Licensee from providing new Licensed Content to Users at the street date of the Master Recording and/or A/V Master Recording, as applicable. If Licensor provides additional Licensor Compositions and Lyrics licensed to any other third party digital music or digital music video service, then Licensor shall offer such additional Licensor Compositions and Lyrics licensed to Licensee at the same time.
(iii) The Licensed Content List shall include, without limitation, any and all names, full contact information and share of composition-ownership for any composers, publishers and/or other rights owners with whom Licensor shares ownership of each Composition.
(iv) Notwithstanding the foregoing subparagraphs 4(a)(i) and 4(a)(i), Licensor shall not be considered in breach of subparagraph 4(d) if Licensor fails to provide Licensed Content (A) due to the reasonable objection of an artist with whom Licensor is bound by agreement with respect to such artist's rights in a Licensor Composition (an "Artist Agreement"), or (B) that is provided to third parties on an exclusive basis under written agreement for a limited term ("Exclusives"); provided however, Licensor will provide Licensee the Exclusives immediately upon termination of such limited term.
(b) If any Licensed Content ceases to be owned or controlled by Licensor for any reason, then upon Licensor's written notice and request, Licensee shall remove access to such Licensed Content from the Service within one (1) business day of such request. Licensor shall not exercise the takedown right described in this paragraph in a ...
