Common use of PUBLIC PERFORMANCE ROYALTIES Clause in Contracts

PUBLIC PERFORMANCE ROYALTIES. Composer acknowledges and agrees that Producer owns the public performance rights associated with the Music and shall not be required, directly or indirectly (through any performing rights organization [“PRO”] of which Composer may be a member or affiliate), to pay any additional fees or royalties to the Composer or any other person or entity for the public performance of the Music, including in connection with any exhibitions or transmissions of the Program made by Producer or any companies affiliated with Producer. Producer and Composer acknowledge, however, that the Program may in the future be transmitted by third party entities which license the right to transmit the Program from Producer, which third parties may have licenses with PROs covering said third parties’ public performances of the Program. To the extent, if at all, in such circumstances or otherwise, the PRO with which Composer is (or may in the future become) affiliated makes any royalty distributions associated with public performances of the Music, Composer retains the right to receive, if any, the ‘writer’s share’ of such royalties. Composer agrees to look solely to such PRO for such royalties and waives any claim against Producer for any such royalties. For the avoidance of doubt, in the event (i) the Music is publicly performed (or made available for performance) by any entity engaged in the exhibition or other transmission of programming by any means of delivery and on any and all platforms (each a “Downstream Program Distributor”), and (ii) said Downstream Program Distributor is not licensed for such performance of the Music (through licenses with PROs or otherwise), then the Music is hereby deemed to have been directly licensed to the Producer and Composer acknowledges and agrees that Composer will receive no public performing rights royalties for such Downstream Program Distributor performances.