PUBLISHER’S OBLIGATIONS. 4.1 The Publisher warrants and represents that the Publisher has good right and full power to assign the rights assigned in the manner aforesaid to the Company, and that the musical works in respect of which the Rights Assigned are hereby assigned or purported to be assigned do not or will not as the case may be infringe the copyright in any other work.
4.2 The Publisher covenants with the Company that:
(a) the Publisher will at all times hereafter indemnify and keep the Company harmless from and against all loss, damage, costs, charges and expenses which the Company may suffer or incur in respect of any claims which may be made upon or against the Company in respect of or as a result of any exercise by the Company of any of the rights which are hereby assigned or purported to be assigned; and
(b) the Publisher shall and will so long as the Publisher shall continue to be a member of the Company do, execute, and make all such acts, deeds, power of attorney, assignments to or vesting in the Company or enabling the Company to exercise and enforce the rights assigned or any part thereof as the Company may from time to time reasonably require.
4.3 The Publisher agrees to be bound by the provisions of the Memorandum and Articles of Association of the Company and the Rules, copies of which are available on request or may be downloaded from the Company's website, xxx.xxxx.xx.
PUBLISHER’S OBLIGATIONS. 6.1. The Publisher shall:
(a) make the Licensed Materials available to the Licensee through the Secure Network based on internet access by an industry standard means of authentication;
(b) within 30 days of the date of full payment of the Fee, provide the Licensee with information sufficient to enable the Licensee to access the Licensed Materials; and
(c) use its reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorised Users at all times and on a 24 hour basis, save for routine maintenance, and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service.
6.2. The Publisher’s journal collection has been placed into long term preservation archives (including Portico, LOCKSS and CLOCKSS) and (subject to any relevant membership requirements) the Licensee and Authorised Users shall be able to access the Licensed Materials via such archive(s) in the event that such Licensed Materials are permanently unavailable from the Publisher. Access to the archive(s) shall at all times be subject to the terms of this Agreement and this clause shall survive termination or expiry of this Agreement.
6.3. The Publisher will use its reasonable endeavours to be compliant with the COUNTER code of practice and incorporate the latest compliancy rules where applicable in relation to the Licensed Materials and the Publisher’s obligations under this Agreement.
PUBLISHER’S OBLIGATIONS. 8.1 The Publisher shall:
(a) make the Licensed Materials available to the Licensee through a Secure Network based on internet access by a means of Authentication to be agreed by the Publisher and the Licensee;
(b) within 30 days of the date of full payment of the Fee, provide the Licensee with information sufficient to enable the Licensee to access the Licensed Materials; and
(c) use its reasonable endeavours to make the Licensed Materials available to the Licensee and to Authorised Users at all times and on a twenty-four hour basis, save for routine maintenance, and to restore access to the Licensed Materials as soon as possible in the event of an interruption or suspension of the service.
8.2 The Publisher reserves the right at any time to withdraw from the Licensed Materials any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes a third party’s copyright or any other intellectual property right or is defamatory, obscene, unlawful or otherwise objectionable. If the withdrawal represents more than ten per cent (10%) of the Licensed Materials, the Publisher shall give written notice to the Licensee of such withdrawal and refund to the Licensee that part of the Fee that is in proportion to the amount of Licensed Materials withdrawn and the remaining un-expired portion of the Subscription Period.
8.3 The Publisher has placed its journal collection in Portico to provide an archive of Publisher’s journal collection for the purposes of long term preservation (Archive), and has undertaken to permit the Licensee and Authorised Users to access such Archive in the event that such Archive would be permanently unavailable from the Publisher. Access to the Archive shall at all times be subject to the terms of this Licence and this clause shall survive termination or expiry of this Licence.
8.4 The Publisher permits Stanford University to collect and place Licensed Materials into Stanford University’s LOCKSS archive.
8.5 The Publisher will use its reasonable endeavours to be compliant with the COUNTER code of practice and incorporate the latest compliancy rules where applicable in relation to the Licensed Materials and the Publisher’s obligations under this Licence. All usage data shall be compiled by the Publisher in a manner consistent with privacy and data protection laws applicable to the United Kingdom, including the anonymity of Authorised Users and the confidentiality of their sear...
PUBLISHER’S OBLIGATIONS. Publisher agrees to [INCLUDE SPECIFIC DUTIES HERE. Examples: publish one (1) blog post that includes original photography featuring the [COMPANY SHORT NAME] product. Include any social media obligations such as one Instagram post, two Facebook posts etc. Also include any specific language that the company has requested you include, for example, #contractsforcreatives, @contractsforcreatives included within the caption of an Instagram post etc. Example language: Publisher agrees to publish one original blog post, including original photography, highlighting the COMPANY SHORT NAME brand and COMPANY SHORT NAME dresses. Publisher agrees to publish one Facebook post, one Instagram post, three Tweets, and three Pins on Pinterest to promote the blog post and the COMPANY SHORT NAME brand. Publisher will tag the appropriate COMPANY SHORT NAME social handle in the caption of each post.]. [Include dates for posting here. Example language: Blog post will be published on Monday, December 1, 2018. OR Publisher agrees to publish the blog post within two weeks after receiving the COMPANY SHORT NAME products unless an alternative date is agreed upon in writing (via email is acceptable)].
PUBLISHER’S OBLIGATIONS. 12.1. The Publisher shall use its best commercial endeavours to:
12.1.1. Ensure the collection promptly and in full of all earnings in respect of the Compositions during the Rights Period and to maximise the income due to the Writer from the exploitation of the Compositions and
12.1.2. Ensure that all Compositions are notified to its sub-publishers agents licensees and associated companies and all relevant royalty collecting and licensing societies and
12.1.3. Exploit the Compositions by such means as shall be customary in the music publishing business in the United Kingdom and in particular where the Publisher deems it necessary the Publisher shall arrange and pay for:
12.1.3.1. The preparation of copy tapes for the purposes of such exploitation
12.1.3.2. The submission of Compositions to artists producers and other interested parties with a view to obtaining cover recordings
12.1.3.3. Any other acts and deeds as may be necessary in the reasonable and commercial opinion of the Publisher adequately to exploit the Compositions.
12.2. The Publisher shall if so requested by the Writer in writing grant to any record company a mechanical licence at MCPS standard rates in respect of any of the Compositions. Notwithstanding the foregoing it is hereby agreed that during the period of nine (9) months after the Writer has written any Compositions the Publisher shall not without prior written consent of the Writer grant a first mechanical licence in respect of that Compositions which would enable recordings embodying performances of that Compositions rendered by someone other than the Writer to be released on Records.
12.3. If any of the Compositions has been specially written for a film the Publisher shall use its best endeavours to exploit that Compositions for the benefit of the Writer by means additional to the inclusion of that Compositions in the soundtrack of that film and the public performance or broadcast of that film or its communication to the public.
12.4. The Publisher agrees to make available to the Writer the services of the relevant member(s) of its staff of creative personnel, professional manager and copyright and royalty personnel, at suitably agreed times for the purpose of assisting the Writer in the Writer’s activities and for rendering advice and consultation in matters concerned with this Agreement including (where relevant) advising the Writer on the choice of producers, co-writers, managers, songs and assisting the Writer (where applicable)...
PUBLISHER’S OBLIGATIONS. The Publisher guarantees that, for the whole period of the Agreement, the structure and contents of and access to the Database will be at least of equal quality than the one on the day of undersigning of this Agreement. The Licensee acknowledges to know the licenced material and its fitness for the purpose. The Publisher undertakes to make the latest version of the Database permanently available to the Licensee and the Authorized Users. Therefore the Database and the interfaces are subject to change without notice. If the Publisher does not perform his material obligations and does not solve the material defaults within 30 days after notice is received in reasonable detail, the Licensee is entitled to terminate this Agreement, unless the Publisher can provide evidence that he cannot be held liable for the non- performance of his obligations.
PUBLISHER’S OBLIGATIONS. This clause sets out the Publisher’s obligations and allows you to compel the Publisher to exploit the Composition(s) if, after a period of time, certain commercial uses have not taken place and (in limited circumstances) to get your rights back.
PUBLISHER’S OBLIGATIONS. (a) The Publisher will publish the Work at its own expense in formats deemed appropriate for the market.
(b) The Author shall assist with marketing upon request.
(c) The Publisher is not obligated to publish if market conditions adversely affect the Work’s potential sales.
PUBLISHER’S OBLIGATIONS. 1. The Publisher grants to third parties a sublicense of the Work with the provisions identical to the Creative Commons license template "Attribution-ShareAlike 4.0 International" (also known as CC- BY-SA 4.0) or another language version of this license or any later version of this license, published by the Creative Commons organization.
2. The Publisher makes the Work available in such a manner that everyone can have access to it in the place and time chosen by them without any restrictions (including without technical limitations or technical safeguards).
PUBLISHER’S OBLIGATIONS. 3.1 In order to keep the quality of the printing work effective, the publisher shall assure that the provision of scripts, photographs and other images that might be submitted in CD or any other acceptable electronic device are in the standard qualities.
3.2 The publisher is expected to assure his exclusive ownership of publication scripts.
3.3 Notwithstanding sub-article (3.1) of this article, the printing house shall not be liable for any damage arising out of low quality provisions of scripts, photographs and other images that might be submitted by the publisher under signed agreement.
3.4 None of the work shall violet any common law or any other rights, specifically the rules and regulations of the press law, and jeopardize the legal status of the printing house.
3.5 Payment shall be made in accordance with the payment terms specified in customer payment order and pro forma.
