Common use of Music Restrictions Clause in Contracts

Music Restrictions. Subject in all respects to the terms and conditions of the AV Agreement: (a) Composer/Lyricist agrees and guarantees that Composer/Lyricist’s contract(s) with the music publisher(s) who publish the music and lyrics of the Play do contain or will contain provisions to the following effect and they will not agree to change or modify said provisions: “The music publisher agrees that it has not made and will not make any contract that will interfere with the disposition of the motion picture, television and related rights in the Play and that it will execute without additional compensation such instruments and agreements with respect to the rights in the musical compositions owned or controlled by it as Composer/Lyricist or the television or motion picture company acquiring such rights may reasonably request consistent with the contract or proposed contract that Author shall make or desire to make with said motion picture company. The music publisher further agrees that there may be such restrictions on the use of the separate musical compositions and their respective titles in or in connection with other motion picture and television productions and in or in connection with radio and television commercials as the said motion picture company and the Composer/Lyricist shall agree upon whether or not such restrictions are in conformity with the provisions hereof. The music publisher further agrees that it will grant to the record company contracted by Producer of the Play and/or Author and/or the party acquiring the motion picture rights and/or the television rights of the Play, such recording license as is usual and necessary to make the show album, motion picture soundtrack album, and/or television album upon terms and conditions customary and reasonable in the industry. 10 The music publisher further agrees that it will make no disposition of the music and lyrics of the Play contrary to the restrictions set forth in the Approved Production Contract between Author and Producer.” (b) Subject to the terms and conditions of the AV Agreement, neither Composer/Lyricist, Composer/Lyricist’s publisher designee(s), nor anyone claiming through them, shall sell, license, or otherwise dispose of the right to use any of the music and lyrics of the Play in connection with, or for synchronization with, any motion picture or television production (except performances of a separate musical composition in so-called “talk” or “variety” or xxxxx xxxxx in which not more than two [2] such compositions from the Play are performed non-dramatically) or as or in connection with a radio or television production or commercial until the expiration of (i) the period of time Producer has to provide the Option Notice to Author pursuant to Section 2(a) above, or (ii) if Producer providers such Option Notice, during the option periods described in Section 2(b) above and paid for by Producer, or (iii) if Producer exercises its option to produce the Play, five (5) years from the close of all companies presenting the Play hereunder under the management, control, or authority of the Producer.. Notwithstanding the foregoing to the contrary, no right shall be given to use any such musical composition as a production number or as a “grand use” nor shall any right be given to use the title of such musical composition as the title of any such motion picture or television production except as otherwise provided in the AV Agreement. Anything herein contained to the contrary notwithstanding, no such disposition of musical compositions shall be made before the end of said seven (7)-year period that contains or involves the title of the Play, the names of characters of the Play, or incidents or dialogue from the Play if such names, incidents, or dialogue are sufficiently distinctive to identify with the Play, except in connection with the sale, license, or disposition or rights in the Play. Nothing herein contained shall be deemed to restrict rights customarily administered by the American Society of Composers, Authors and Publishers (“ASCAP”) or any similar organization to license small performing rights throughout the world in the music and lyrics of the separate musical compositions of the Play. If at any time the television or motion picture rights of the Play are sold, the restrictions on the use of the separate musical numbers and the title thereof in motion pictures and television productions shall be such as are agreed to between the motion picture company acquiring the motion picture rights and the Composer/Lyricist, whether or not consistent with the foregoing provisions of this Section 16, and the foregoing provisions shall no longer apply.

Music Restrictions. Subject in all respects to the terms and conditions of the AV Agreement: (a) Composer/Lyricist agrees and guarantees that Composer/Lyricist’s contract(s) with the music publisher(s) who publish the music and lyrics of the Play do contain or will contain provisions to the following effect and they will not agree to change or modify said provisions: “The music publisher agrees that it has not made and will not make any contract that will interfere with the disposition of the motion picture, television and related rights in the Play and that it will execute without additional compensation such instruments and agreements with respect to the rights in the musical compositions owned or controlled by it as Composer/Lyricist or the television or motion picture company acquiring such rights may reasonably request consistent with the contract or proposed contract that Author shall make or desire to make with said motion picture company. The music publisher further agrees that there may be such restrictions on the use of the separate musical compositions and their respective titles in or in connection with other motion picture and television productions and in or in connection with radio and television commercials as the said motion picture company and the Composer/Lyricist shall agree upon whether or not such restrictions are in conformity with the provisions hereof. The music publisher further agrees that it will grant to the record company contracted by Producer of the Play and/or Author and/or the party acquiring the motion picture rights and/or the television rights of the Play, such recording license as is usual and necessary to make the show album, motion picture soundtrack album, and/or television album upon terms and conditions customary and reasonable in the industry. 10 The music publisher further agrees that it will make no disposition of the music and lyrics of the Play contrary to the restrictions set forth in the Approved Production Contract between Author and Producer.” (b) Subject to the terms and conditions of the AV Agreement, neither Composer/Lyricist, Composer/Lyricist’s publisher designee(s), nor anyone claiming through them, shall sell, license, or otherwise dispose of the right to use any of the music and lyrics of the Play in connection with, or for synchronization with, any motion picture or television production (except performances of a separate musical composition in so-called “talk” or “variety” or xxxxx axxxx xxxxx in which not more than two [2] such compositions from the Play are performed non-dramatically) or as or in connection with a radio or television production or commercial until the expiration of (i) the period of time Producer has to provide the Option Notice to Author pursuant to Section 2(a) above, or (ii) if Producer providers such Option Notice, during the option periods described in Section 2(b) above and paid for by Producer, or (iii) if Producer exercises its option to produce the Play, five (5) years from the close of all companies presenting the Play hereunder under the management, control, or authority of the Producer.. Notwithstanding the foregoing to the contrary, no right shall be given to use any such musical composition as a production number or as a “grand use” nor shall any right be given to use the title of such musical composition as the title of any such motion picture or television production except as otherwise provided in the AV Agreement. Anything herein contained to the contrary notwithstanding, no such disposition of musical compositions shall be made before the end of said seven (7)-year period that contains or involves the title of the Play, the names of characters of the Play, or incidents or dialogue from the Play if such names, incidents, or dialogue are sufficiently distinctive to identify with the Play, except in connection with the sale, license, or disposition or rights in the Play. Nothing herein contained shall be deemed to restrict rights customarily administered by the American Society of Composers, Authors and Publishers (“ASCAP”) or any similar organization to license small performing rights throughout the world in the music and lyrics of the separate musical compositions of the Play. If at any time the television or motion picture rights of the Play are sold, the restrictions on the use of the separate musical numbers and the title thereof in motion pictures and television productions shall be such as are agreed to between the motion picture company acquiring the motion picture rights and the Composer/Lyricist, whether or not consistent with the foregoing provisions of this Section 16, and the foregoing provisions shall no longer apply.

Music Restrictions. Subject in all respects to the terms and conditions of the AV Agreement: (a) Composer/Lyricist agrees and guarantees that Composer/Lyricist’s contract(s) with the music publisher(s) who publish the music and lyrics of the Play do contain or will contain provisions to the following effect and they will not agree to change or modify said provisions: “The music publisher agrees that it has not made and will not make any contract that will interfere with the disposition of the motion picture, television and related rights in the Play and that it will execute without additional compensation such instruments and agreements with respect to the rights in the musical compositions owned or controlled by it as Composer/Lyricist or the television or motion picture company acquiring such rights may reasonably request consistent with the contract or proposed contract that Author shall make or desire to make with said motion picture company. The music publisher further agrees that there may be such restrictions on the use of the separate musical compositions and their respective titles in or in connection with other motion picture and television productions and in or in connection with radio and television commercials as the said motion picture company and the Composer/Lyricist shall agree upon whether or not such restrictions are in conformity with the provisions hereof. 10 The music publisher further agrees that it will grant to the record company contracted by Producer of the Play and/or Author and/or the party acquiring the motion picture rights and/or the television rights of the Play, such recording license as is usual and necessary to make the show album, motion picture soundtrack album, and/or television album upon terms and conditions customary and reasonable in the industry. 10 The music publisher further agrees that it will make no disposition of the music and lyrics of the Play contrary to the restrictions set forth in the Approved Production Contract between Author and Producer.” (b) Subject to the terms and conditions of the AV Agreement, neither Composer/Lyricist, Composer/Lyricist’s publisher designee(s), nor anyone claiming through them, shall sell, license, or otherwise dispose of the right to use any of the music and lyrics of the Play in connection with, or for synchronization with, any motion picture or television production (except performances of a separate musical composition in so-called “talk” or “variety” or xxxxx xxxxx in which not more than two [2] such compositions from the Play are performed non-dramatically) or as or in connection with a radio or television production or commercial until the expiration of (i) the period of time Producer has to provide the Option Notice to Author pursuant to Section 2(a) above, or (ii) if Producer providers such Option Notice, during the option periods described in Section 2(b) above and paid for by Producer, or (iii) if Producer exercises its option to produce the Play, five (5) years from the close of all companies presenting the Play hereunder under the management, control, or authority of the Producer.. Notwithstanding the foregoing to the contrary, no right shall be given to use any such musical composition as a production number or as a “grand use” nor shall any right be given to use the title of such musical composition as the title of any such motion picture or television production except as otherwise provided in the AV Agreement. Anything herein contained to the contrary notwithstanding, no such disposition of musical compositions shall be made before the end of said seven (7)-year period that contains or involves the title of the Play, the names of characters of the Play, or incidents or dialogue from the Play if such names, incidents, or dialogue are sufficiently distinctive to identify with the Play, except in connection with the sale, license, or disposition or rights in the Play. Nothing herein contained shall be deemed to restrict rights customarily administered by the American Society of Composers, Authors and Publishers (“ASCAP”) or any similar organization to license small performing rights throughout the world in the music and lyrics of the separate musical compositions of the Play. If at any time the television or motion picture rights of the Play are sold, the restrictions on the use of the separate musical numbers and the title thereof in motion pictures and television productions shall be such as are agreed to between the motion picture company acquiring the motion picture rights and the Composer/Lyricist, whether or not consistent with the foregoing provisions of this Section 16, and the foregoing provisions shall no longer apply.

Music Restrictions. Subject in all respects to the terms and conditions of the AV Agreement: (a) Composer/Lyricist agrees and guarantees that Composer/Lyricist’s contract(s) with the music publisher(s) who publish the music and lyrics of the Play do contain or will contain provisions to the following effect and they will not agree to change or modify said provisions: “The music publisher agrees that it has not made and will not make any contract that will interfere with the disposition of the motion picture, television and related rights in the Play and that it will execute without additional compensation such instruments and agreements with respect to the rights in the musical compositions owned or controlled by it as Composer/Lyricist or the television or motion picture company acquiring such rights may reasonably request consistent with the contract or proposed contract that Author shall make or desire to make with said motion picture company. The music publisher further agrees that there may be such restrictions on the use of the separate musical compositions and their respective titles in or in connection with other motion picture and television productions and in or in connection with radio and television commercials as the said motion picture company and the Composer/Lyricist shall agree upon whether or not such restrictions are in conformity with the provisions hereof. The music publisher further agrees that it will grant to the record company contracted by Producer of the Play and/or Author and/or the party acquiring the motion picture rights and/or the television rights of the Play, such recording license as is usual and necessary to make the show album, motion picture soundtrack 10 album, and/or television album upon terms and conditions customary and reasonable in the industry. 10 The music publisher further agrees that it will make no disposition of the music and lyrics of the Play contrary to the restrictions set forth in the Approved Production Contract between Author and Producer.” (b) Subject to the terms and conditions of the AV Agreement, neither Composer/Lyricist, Composer/Lyricist’s publisher designee(s), nor anyone claiming through them, shall sell, license, or otherwise dispose of the right to use any of the music and lyrics of the Play in connection with, or for synchronization with, any motion picture or television production (except performances of a separate musical composition in so-called “talk” or “variety” or xxxxx axxxx xxxxx in which not more than two [2] such compositions from the Play are performed non-dramatically) or as or in connection with a radio or television production or commercial until the expiration of (i) the period of time Producer has to provide the Option Notice to Author pursuant to Section 2(a) above, or (ii) if Producer providers such Option Notice, during the option periods described in Section 2(b) above and paid for by Producer, or (iii) if Producer exercises its option to produce the Play, five (5) years from the close of all companies presenting the Play hereunder under the management, control, or authority of the Producer.. Notwithstanding the foregoing to the contrary, no right shall be given to use any such musical composition as a production number or as a “grand use” nor shall any right be given to use the title of such musical composition as the title of any such motion picture or television production except as otherwise provided in the AV Agreement. Anything herein contained to the contrary notwithstanding, no such disposition of musical compositions shall be made before the end of said seven (7)-year period that contains or involves the title of the Play, the names of characters of the Play, or incidents or dialogue from the Play if such names, incidents, or dialogue are sufficiently distinctive to identify with the Play, except in connection with the sale, license, or disposition or rights in the Play. Nothing herein contained shall be deemed to restrict rights customarily administered by the American Society of Composers, Authors and Publishers (“ASCAP”) or any similar organization to license small performing rights throughout the world in the music and lyrics of the separate musical compositions of the Play. If at any time the television or motion picture rights of the Play are sold, the restrictions on the use of the separate musical numbers and the title thereof in motion pictures and television productions shall be such as are agreed to between the motion picture company acquiring the motion picture rights and the Composer/Lyricist, whether or not consistent with the foregoing provisions of this Section 16, and the foregoing provisions shall no longer apply.

Music Restrictions. Subject in all respects to the terms and conditions of the AV Agreement: (a) Composer/Lyricist agrees and guarantees that Composer/Lyricist’s contract(s) with the music publisher(s) who publish the music and lyrics of the Play do contain or will contain provisions to the following effect and they will not agree to change or modify said provisions: “The music publisher agrees that it has not made and will not make any contract that will interfere with the disposition of the motion picture, television and related rights in the Play and that it will execute without additional compensation such instruments and agreements with respect to the rights in the musical compositions owned or controlled by it as Composer/Lyricist or the television or motion picture company acquiring such rights may reasonably request consistent with the contract or proposed contract that Author shall make or desire to make with said motion picture company. The music publisher further agrees that there may be such restrictions on the use of the separate musical compositions and their respective titles in or in connection with other motion picture and television productions and in or in connection with radio and television commercials as the said motion picture company and the Composer/Lyricist shall agree upon whether or not such restrictions are in conformity with the provisions hereof. 10 The music publisher further agrees that it will grant to the record company contracted by Producer of the Play and/or Author and/or the party acquiring the motion picture rights and/or the television rights of the Play, such recording license as is usual and necessary to make the show album, motion picture soundtrack album, and/or television album upon terms and conditions customary and reasonable in the industry. 10 The music publisher further agrees that it will make no disposition of the music and lyrics of the Play contrary to the restrictions set forth in the Approved Production Contract between Author and Producer.” (b) Subject to the terms and conditions of the AV Agreement, neither Composer/Lyricist, Composer/Lyricist’s publisher designee(s), nor anyone claiming through them, shall sell, license, or otherwise dispose of the right to use any of the music and lyrics of the Play in connection with, or for synchronization with, any motion picture or television production (except performances of a separate musical composition in so-called “talk” or “variety” or xxxxx axxxx xxxxx in which not more than two [2] such compositions from the Play are performed non-dramatically) or as or in connection with a radio or television production or commercial until the expiration of (i) the period of time Producer has to provide the Option Notice to Author pursuant to Section 2(a) above, or (ii) if Producer providers such Option Notice, during the option periods described in Section 2(b) above and paid for by Producer, or (iii) if Producer exercises its option to produce the Play, five (5) years from the close of all companies presenting the Play hereunder under the management, control, or authority of the Producer.. Notwithstanding the foregoing to the contrary, no right shall be given to use any such musical composition as a production number or as a “grand use” nor shall any right be given to use the title of such musical composition as the title of any such motion picture or television production except as otherwise provided in the AV Agreement. Anything herein contained to the contrary notwithstanding, no such disposition of musical compositions shall be made before the end of said seven (7)-year period that contains or involves the title of the Play, the names of characters of the Play, or incidents or dialogue from the Play if such names, incidents, or dialogue are sufficiently distinctive to identify with the Play, except in connection with the sale, license, or disposition or rights in the Play. Nothing herein contained shall be deemed to restrict rights customarily administered by the American Society of Composers, Authors and Publishers (“ASCAP”) or any similar organization to license small performing rights throughout the world in the music and lyrics of the separate musical compositions of the Play. If at any time the television or motion picture rights of the Play are sold, the restrictions on the use of the separate musical numbers and the title thereof in motion pictures and television productions shall be such as are agreed to between the motion picture company acquiring the motion picture rights and the Composer/Lyricist, whether or not consistent with the foregoing provisions of this Section 16, and the foregoing provisions shall no longer apply.