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PUBLISHERS
APPLICATION
Complete this Application only if you
cannot apply online.
Find out if you are eligible to apply on online
by going to “Join ASCAP,” at
www.ascap.com/about/howjoin.asp.
It’s faster, more efficient, and facilitates
ASCAP’s ability to communicate with you. Only if you are not
eligible to
apply online should you proceed with using a
paper application.
To proceed with the Paper Application, please
fill out the attached four (4)
forms:
m ASCAP Publisher
Application
m ASCAP Membership
Agreement
m ASCAP Application Processing
Fee Form
m W-9 Form—Request for Taxpayer
Identification Number and
Certificate
(Required by the Internal Revenue
Service)
Sign all four (4) forms. Keep a copy for your
files.
The signature on the Agreement must match the
signature on your Application. If you are under 18, a
parent’s or guardian’s signature is required on
both the Agreement and Application.
Complete the application processing fee payment
section:
There is a non-refundable processing fee of
$75 due upon submission of your
application. ASCAP will not process
your application without payment. You may pay by
credit card, check or money order. Do not send
cash.
Send all four (4) completed and signed forms
together to:
Membership Application Enclosed, ASCAP, One
Lincoln Plaza, New York, NY 10023
IN ACCORDANCE WITH PARAGRAPH 11 OF THE ASCAP
MEMBERSHIP AGREEMENT, if you have
granted the right to license your works for
performances in foreign countries to any other entity,
please
provide us with a list showing each such
country, the entity with which you have such an agreement,
the
date the agreement expires, and any other
pertinent information concerning that
agreement.
TAX FORM: The IRS requires that ASCAP has
accurate tax information on file for all members who are U.S.
citizens or resident aliens. ASCAP CANNOT
PROCESS YOUR APPLICATION IF THE W-9 FORM IS NOT
COMPLETED AND SIGNED. If you use your Social
Security Number for your publishing entity, your name and
Social Security Number (SS#) must match the name
and number as they appear on your Social Security card.
If you have obtained a separate Tax ID# for your
publishing entity, use this number on Form W-9.
If you are not a U.S. citizen or resident alien,
you will need to fill out a W-8BEN Form. The W-8BEN Form
can
be downloaded from the Internal Revenue
Service’s website at: www.irs.gov. You can also request
the
form by calling ASCAP’s Member Management
Administration office in New York at (212)
621-6240.
ARTICLES OF ASSOCIATION, RULES AND REGULATIONS
AND AFJ2: The Application asks you to
acknowledge that you have read ASCAP's Articles
of Association, Compendium of Rules and Regulations, and
the Second Amended Final Judgment entered in
U.S. v. ASCAP
("AFJ2"). All of these
documents are available
on our website at: www.ascap.com/reference/.
ASCAP will also provide printed copies of these documents
upon request at no charge.
NOTIFICATION OF ACCEPTANCE. If you are elected to membership,
you will receive notice of acceptance
along with your personalized ASCAP Member Card
indicating your Member Code Number. A fully executed
copy of your agreement will be kept on record at
ASCAP.
If there is a problem with your application,
ASCAP’s Member Management Administration will contact
you.
THANK YOU FOR
APPLYING!
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000
WWW.ASCAP.COM
13
ASCAP PUBLISHER APPLICATION Instructions
45
1. COMPANY NAME: In order to collect your publishing
royalty income, you must establish a publishing company with a
unique name, and your
ASCAP publishing company CANNOT be affiliated
with any other performing rights licensing organization.
Please list four choices for this name in
order of preference, not to exceed 50
characters, including spaces. The first publishing company
name in your order of preference which is “cleared”
for your use will be your ASCAP publishing
company name. Names are checked according to pronunciation and
various spellings. PLEASE NOTE: If
your publishing company will be a subsidiary of
your corporation or LLC, you must include the corporation or
LLC as part of the publishing company
name, e.g. ABC Corp. d/b/a XYZ Music Publishing Company.
PLEASE ALLOW 2-3 WEEKS FOR THE
CLEARANCE PROCESS.
(1)
(2)
(3)
(4)
2. CORRESPONDENCE
ADDRESS:
C/O (if applicable)
Street Address Apt. #
City State Zip Country
Phone Number ( ) Fax Number ( )
E-mail*
* ASCAP will use your e-mail address for ASCAP
correspondence only. We will not share or sell your e-mail
address. You may opt out of receiving ASCAP e-mail
correspondence or change your email address at
any time, but only after you have completed the application
process and have been accepted as a member.
Please note: Publisher contact information for
performed works will be listed in the ACE database on the
ASCAP web site.
ROYALTY ADDRESS: (only if you would like your
royalties and performance statements sent to a
different
address than above)
C/O (if applicable)
Street Address Apt. #
City State Zip Country
Phone Number ( ) Fax Number (
)
3. THIS COMPANY WAS FORMED AS A: (check
one)
Individual Ownership/Sole Proprietorship (fill out A
below)
Partnership or Joint Venture (fill out B and #4,
below)
Corporation or Limited Liability Company (LLC)
(fill out C and #4,
below)
A. INDIVIDUAL OWNERSHIP/SOLE
PROPRIETORSHIP:
OWNER’S NAME (FULL LEGAL NAME)
SOCIAL SECURITY # OR TAX IDENTIFICATION #
Please note: If you are providing a Social
Security Number, it should be associated with your legal
name.
Do you wish to have royalty checks made payable
in the company’s name, or in your name? (check one)
Company name My name doing business as (d/b/a)
Company name
B. PARTNERSHIP OR JOINT
VENTURE:
TAX IDENTIFICATION # YEAR
ESTABLISHED
Social Security numbers CANNOT be used as Tax ID
numbers.
List All Partners or Co-Venturers (first name,
last name)* Social Security # (for each partner or co-venturer
listed)
(attach additional pages if
needed)
__________________________________________________
________________________________________
__________________________________________________
________________________________________
__________________________________________________
________________________________________
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000
WWW.ASCAP.COM
ASCAP PUBLISHER APPLICATION
C. CORPORATION OR
LLC:
TAX IDENTIFICATION # STATE OF INCORPORATION DATE
OF CHARTER
IMPORTANT NOTE: You CANNOT apply as a
corporation if you have not registered as one with your state.
Social Security numbers CANNOT be used as Tax ID
numbers.
LIST ALL OFFICERS OR MEMBERS (first name, last
name) AND TITLES* (attach additional pages if
needed)
LIST ALL STOCKHOLDERS (corporations only) OR ALL
OWNERS (LLC’s only)* (attach additional pages as
needed)
4. PUBLISHER
REPRESENTATIVE:
Each publisher member, unless an individual
ownership/sole proprietorship, must file the name of a person
who will be the publisher’s representative,
for all purposes, to ASCAP (see Articles of
Association, Article III, Section 10). This person must be an
officer, partner, co-venturer or owner. Please
list this designated representative’s name and
capacity below.
INDIVIDUAL’S NAME (FIRST NAME, LAST NAME)
CAPACITY, i.e. officer (specify office held),
partner, co-venturer or owner
SIGNATURE OF DESIGNATED
REPRESENTATIVE
5. If any of the individuals or entities listed
in 3A, 3B or 3C are or have been members or affiliates
of
ASCAP BMI SESAC or a foreign performing right
licensing organization
please provide the following information: (if more than three individuals,
attach additional pages if
needed.)
INDIVIDUAL’S NAME (FIRST NAME, LAST NAME)
INDIVIDUAL’S NAME (FIRST NAME, LAST NAME)
INDIVIDUAL’S NAME (FIRST NAME, LAST
NAME)
If a publisher, please
indicate:
NAME OF COMPANY SOCIAL SECURITY or TAX ID
#
SUBSTANTIATING WORK
INFORMATION
To qualify for membership in ASCAP, you must be
engaged in the music publishing business, and have assumed the
financial risk involved
in the normal publication of musical works or
own compositions regularly performed by ASCAP’s licensees
(e.g., be the publisher of at least
one musical work or song that has been
commercially recorded, performed publicly in any venue
licensable by ASCAP, performed in any
audio visual or electronic medium, or available
for sale or rental as sheet music, a score or
folio).
6. I AM APPLYING FOR MEMBERSHIP, BASED ON THE
FOLLOWING MUSICAL WORK OR SONG PUBLISHED BY
MY (OUR) COMPANY:
Title of ONE musical work or song*:
Songwriter(s)/Composer(s)
* Entering the title of your
work is solely for the purpose of substantiating your
qualifications for ASCAP membership. A title registration with
ASCAP for this work must be
submitted upon your membership
election.
7. Please complete AT LEAST ONE of the following
requirements (7A, 7B, 7C, 7D) that you as a publisher meet
to
qualify for membership in ASCAP and provide the
information requested based on the musical work or song
listed
in number 6 above:
A. Public performance in any venue licensable by
ASCAP (club, live concert, symphonic
concert or recital venue, college
or university, etc.)
Performer:
Name of Venue:
Date of Performance*: Location (city,
state):
* The Date of Performance must
be in the past. If you don’t have this qualification, you may
be able to apply using another method of
substantiation.
OR B. Performance in any audio
visual or electronic medium (film, television, radio, Internet,
cable, pay-per-view etc.)
Medium:
Title or name of film, television program,
website, radio station:
Date of Performance*:
* The Date of Performance must
be in the past. If you don’t have this qualification, you may
be able to apply using another method of
substantiation.
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000 WWW.ASCAP.COM
Page 2
OR C. A commercial
recording
Recording Artist:
Date of Release*: Record Label (Includes
independent or self releases):
* The Date of Release must be in
the past. If you don’t have this qualification, you may be
able to apply using another method of
substantiation.
OR D. Published sheet music, score
or folio available for sale or
rental
Title of published sheet music, score or
folio:
8. Please list the type of musical genre you
primarily work in (check only one):
Popular, or
Symphonic/Concert Music (works for orchestra,
chamber ensemble, chorus, wind ensemble, concert band,
solo instrumental, electro-acoustic forces,
etc.).
9. WARRANTIES AND
REPRESENTATIONS
A. Applicant warrants that the work listed in
Item #6 above is a domestic or foreign copyrighted musical
composition owned by Applicant
as of this date. If a foreign copyright,
performing rights for the United States and Canada are owned
by Applicant.
B. Applicant also hereby represents that there
are no existing assignments or licenses, direct or indirect,
of non-dramatic performing rights
in or to the musical work listed in Item #6
above accept for the assignments or licenses of which
Applicant has attached true copies.
C. Applicant has read the ASCAP Articles of
Association, Compendium of Rules and Regulations, and Second
Amended Final Judgement
entered in U.S. vs ASCAP
(“AFJ2”), and agrees to be
bound by them, as now in effect, and as they may be amended,
and Applicant
agrees to execute agreements in such form and
for such periods as the Board of Directors shall have required
and shall hereafter require
for all members.
D. Applicant represents that Applicant meets the
eligibility requirements for publisher membership, as set
forth herein. Applicant
understands that ASCAP reserves the right to
request substantiation of eligibility at any time.
E. Applicant warrants and represents that all of
the information furnished in this application is true.
Applicant acknowledges that any
agreement entered into between ASCAP and the
company will be in reliance upon the representations contained
in this application, and
that this membership will be subject to
termination if any information contained in this application
is not complete and accurate, or if the
names of each owner, stockholder and officer are
not provided as requested.
Optional: Publisher Digital Home Recording
(“DART”) Royalties Election
Under the Audio Home Recording Act of 1992,
royalties are paid by manufacturers and importers of digital
audio recording equipment and recording
media (e.g., blank tapes or discs). The
royalties are shared by writers, publishers, recording artists
and record companies. ASCAP can act on behalf
of those members who specifically designate
ASCAP to represent them in digital audio royalty matters under
the Act. SEE DART FACT SHEET ON
BACK FOR MORE INFORMATION BEFORE MAKING YOUR
DECISION. IF YOU ARE UNDECIDED, YOU MAY LEAVE THIS SECTION
BLANK.
YES, Applicant grants the American Society of
Composers, Authors and Publishers (“ASCAP”) the exclusive
right to collect and distribute digital
audio royalty payments as provided in Public Law
No. 102-563 (the Audio Home Recording Act of 1992), as such
law may be amended and
payments for home recording of Applicant’s
copyrighted musical works outside of the United States, with
respect to all of the musical works
described in the ASCAP Membership Agreement.
NO, Applicant does not wish ASCAP to represent
me regarding home recording rights.
Undecided
PLEASE SIGN YOUR LEGAL NAME
HERE:
Sign Here Date
Signature of parent or guardian if applicant is
under 18 Date
REMINDER: YOU MUST MAIL THE FOLLOWING FOUR (4)
FORMS TOGETHER TO:
Membership Application Enclosed, ASCAP, One
Lincoln Plaza, New York, NY 10023
m ASCAP Publisher Application
(this form)
m ASCAP Membership
Agreement
m W-9 Form or other applicable
tax form. (See
instructions.)
m Application Processing Fee
Form. (See
instructions.)
ALL FOUR (4) FORMS MUST BE COMPLETED AND SIGNED
OR YOUR APPLICATION WILL BE RETURNED TO
YOU.
For ASCAP office use only: Card type/check
#_____________________________ Transaction
Code:__________________________________
Date:__________________________
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000 WWW.ASCAP.COM
Page 3
APPLICATION PROCESSING FEE: There is a non-refundable processing
fee of $75 due upon submission of your
application. ASCAP cannot process your
application without payment of this fee. You may pay by credit
card, check
or money order. Do not send cash.
If paying by check or money order, please make
payable to ASCAP and staple or clip it here:
If paying by credit card, please complete the
following information:
CARDHOLDER
INFORMATION:
Cardholder Name:
Billing Address: Apt. #:
City: State: Zip: Country:
Card Type: Visa[ ] Mastercard[ ]
Card Number:
Card ID Number (This is the last 3-digit number on
the back of your credit card. See illustration
below):
Expiration Date: Month______
Year______
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000
WWW.ASCAP.COM
ASCAP PUBLISHER APPLICATION
Page 4
ASCAP
DART (Digital Audio Recording Technology) Fact
Sheet
The Audio Home Recording Act of 1992 created new
royalty funds to be shared by writers, publishers, recording
artists
and record companies. Royalties are paid by
manufacturers and importers of digital audio recording
equipment and
recording media (e.g., blank tapes or
discs).
The royalties are then divided into two funds.
One-third of the total paid is allocated to the Musical Works
Fund. (The
other two-thirds is allocated to the Sound
Recordings Fund, to be shared by recording artists and record
companies.)
The Musical Works Fund is then subdivided 50-50
into a Writers Subfund and a Publishers Subfund. Royalties
are
allocated to claimants within each subfund based
on broadcast performances or phonorecord sales.
Royalties are allocated among the interested
parties in each subfund as they agree or, in the absence of
agreement, as
a Copyright Arbitration Royalty Panel and the
Copyright Office decide.
ASCAP will act on behalf of those members who
specifically designate ASCAP to represent them in digital
audio
royalty matters under the Act. ASCAP’s services
on behalf of those members include negotiations with other
individual
and joint claimants to Musical Works Fund
royalties to reach voluntary agreement for the fair and
equitable distribution
of royalty payments. In the absence of such
voluntary agreements, ASCAP will represent those members in
distribution
proceedings before the Copyright Arbitration
Royalty Panel, and seek the maximum award of royalties to
which those
members are entitled. ASCAP will then distribute
to those members the digital audio royalty payments
collected.
ASCAP has a long and very successful track
record in representing our members before the Copyright
Arbitration
Royalty Panel and its predecessor entity, the
Copyright Royalty Tribunal, in the collection and distribution
of royalties
paid by users pursuant to the cable, satellite
home carrier, jukebox and noncommercial broadcast compulsory
licenses.
ASCAP is positioned, by virtue of our experience
and the records we maintain in the ordinary course of
business, to
provide these valuable additional services with
respect to digital audio royalty payments to our
membership.
ASCAP is able to render these services at
minimal cost, primarily by using data we process in our
routine survey of
radio feature performances. We also rely on
retail sales data electronically gathered by a computerized
information management
network. We will also include in the amount to
be distributed all interest earned while sums are in the
process
of distribution, in keeping with ASCAP’s normal
practice.
Claims to each year’s royalties must be filed in
January or February of the next year. Thus, for example,
claims to this
year’s royalties must be filed between January 1
and February 28 of next year.
You need not have ASCAP represent you in digital
audio royalty distribution proceedings—you may appear
individually,
or have another entity represent you. HOWEVER,
IF YOU WANT ASCAP TO REPRESENT YOU, YOU MUST CHECK
“YES” ON THE ASCAP PUBLISHER APPLICATION FORM.
IF YOU CHECK “YES,” YOU MAY TERMINATE THIS RIGHT
GRANTED TO ASCAP AS OF JANUARY 1 OF ANY YEAR
GIVING NOTICE BY CERTIFIED MAIL TO ASCAP TO BE
RECEIVED NO LATER THAN SEPTEMBER 30 OF THE
PRECEDING YEAR.
IF YOU DO NOT DESIGNATE ASCAP TO REPRESENT YOU
IN THIS MATTER AND YOU DO NOT FILE A TIMELY
CLAIM ON YOUR OWN BEHALF OR MAKE ARRANGEMENTS TO
BE REPRESENTED BY SOME OTHER
ORGANIZATION, THERE IS NO POSSIBILITY THAT YOU
WILL RECEIVE ANY PAYMENT OF DIGITAL AUDIO WRITER
OR PUBLISHER ROYALTIES. DO NOT MISS THE
OPPORTUNITY FOR ADDITIONAL ROYALTIES BECAUSE YOU
FAILED TO TAKE ACTION WHEN IT MATTERED.
If you have any questions, please contact our
Member Services Department at
1-800-952-7227.
H-P-ENG-2009-10 ASCAP, One Lincoln Plaza, New York,
NY 10023 (212) 621-6000
WWW.ASCAP.COM
Agreement made between the Undersigned (for
brevity called “Owner”)
and the AMERICAN SOCIETY OF COMPOSERS, AUTHORS
AND
PUBLISHERS (for brevity called “Society”), in consideration of the
premises and of the mutual covenants hereinafter
contained, as follows:
1. The Owner grants to the Society for the term hereof, the right to
license non-dramatic public performances (as
hereinafter defined),
of each musical work:
Of which the Owner is a copyright proprietor; or
Which the Owner, alone, or jointly, or in
collaboration with others,
wrote, composed, published, acquired or owned;
or
In which the Owner now has any right, title, interest or
control
whatsoever, in whole or in part; or
Which hereafter, during the term hereof, may be
written, composed,
acquired, owned, published or copyrighted by the
Owner, alone,
jointly or in collaboration with others; or
In which the Owner may hereafter, during the term
hereof, have any
right, title, interest or control, whatsoever,
in whole or in part.
The right to license the public performance of
every such musical work
shall be deemed granted to the Society by this instrument for the term
hereof, immediately upon the work being written,
composed, acquired,
owned, published or copyrighted.
The rights hereby granted shall include:
(a) All the rights and remedies for enforcing
the copyright or copyrights
of such musical works, whether such copyrights
are in the
name of the Owner and/or others, as well as the right
to sue under
such copyrights in the name of the Society and/or in the name of
the
Owner and/or others, to the end that the
Society
may effectively
protect and be assured of all the rights hereby
granted.
(b) The non-exclusive right of public
performance of the separate
numbers, songs, fragments or arrangements,
melodies or selections
forming part or parts of musical plays and
dramatico-musical
compositions, the Owner reserving and excepting from this
grant
the right of performance of musical plays and
dramatico-musical
compositions in their entirety, or any part of
such plays or dramaticomusical
compositions on the legitimate stage.
(c) The non-exclusive right of public
performance by means of radio
broadcasting, telephony, “wired wireless,” all
forms of synchronism
with motion pictures, and/or any method of
transmitting sound other
than television broadcasting.
(d) The non-exclusive right of public
performance by television
broadcasting; provided, however, that:
(i) This grant does not extend to or include the
right to license
the public performance by television
broadcasting or otherwise of
any rendition or performance of (a) any opera,
operetta, musical
comedy, play or like production, as such, in
whole or in part, or (b)
any composition from any opera, operetta,
musical comedy, play
or like production (whether or not such opera,
operetta, musical
comedy, play or like production was presented on
the stage or in
motion picture form) in a manner which recreates
the performance
of such composition with substantially such
distinctive scenery or
costume as was used in the presentation of such
opera, operetta,
musical comedy, play or like production (whether
or not such opera,
operetta, musical comedy, play or like
production was presented on
the stage or in motion picture form): provided,
however, that the
rights hereby granted shall be deemed to include
a grant of the right
to license non-dramatic performances of
compositions by television
broadcasting of a motion picture containing such
composition if the
rights in such motion picture other than those
granted hereby have
been obtained from the parties in interest.
(ii) Nothing herein contained shall be deemed to
grant the right
to license the public performance by television
broadcasting of
dramatic performances. Any performance of a
separate musical
composition which is not a dramatic performance,
as defined herein,
shall be deemed to be a non-dramatic
performance. For the purposes
of this agreement, a dramatic performance shall
mean a performance
of a musical composition on a television program
in which there is a
definite plot depicted by action and where the
performance of the
musical composition is woven into and carries
forward the plot and
its accompanying action. The use of dialogue to
establish a mere
program format or the use of any non-dramatic
device merely to
introduce a performance of a composition shall
not be deemed to
make such performances dramatic.
(iii) The definition of the terms “dramatic” and
“non-dramatic”
performances contained herein are purely for the
purposes of this
agreement and for the term thereof and shall not
be binding upon or
prejudicial to any position taken by either of
us subsequent to the
term hereof or for any purpose other than this
agreement.
(e) The Owner may at any time and from time to
time, in good faith,
restrict the radio or television broadcasting of
compositions from
musical comedies, operas, operettas and motion
pictures, or any
other composition being excessively broadcast,
only for the purpose
of preventing harmful effect upon such musical
comedies, operas,
operettas, motion pictures or compositions, in
respect of other
interest under the copyrights thereof; provided,
however, that the
right to grant limited licenses will be given,
upon application, as to
restricted compositions, if and when the
Owner is unable to show
reasonable hazards to his or its major interests
likely to result from
such radio or television broadcasting; and
provided further that such
right to restrict any such composition shall not
be exercised for the
purpose of permitting the fixing or regulating
of fees for the recording
or transcribing of such composition, and
provided further that in no
case shall any charges, “free plugs,” or other
consideration be
required in respect of any permission granted to
perform a restricted
composition; and provided further that in no
event shall any
composition, after the initial radio or
television broadcast thereof, be
restricted for the purpose of confining further
radio or television
broadcasts thereof to a particular artist,
station, network or program.
The Owner may also at anytime and from time to
time, in good faith,
restrict the radio or television broadcasting of
any composition, as to
which any suit has been brought or threatened on
a claim that such
composition infringes a composition not
contained in the repertory of
Society or on a claim by a non-member of
Society
that Society does
not have the right to license the public
performance of such
composition by radio or television
broadcasting.
2. The term of this Agreement shall be for a
period commencing on the
date hereof and continuing indefinitely
thereafter unless terminated by
either party in accordance with the Articles of
Association.
3. The Society agrees, during the term hereof, in
good faith to use its
best endeavors to promote and carry out the
objects for which it was
organized, and to hold and apply all royalties,
profits, benefits and
advantages arising from the exploitation of the
rights assigned to it by
its several members, including the Owner, to the uses and purposes
as
ASCAP MEMBERSHIP AGREEMENT
provided in its Articles of Association (which
are hereby incorporated by
reference), as now in force or as hereafter
amended.
4. The Owner hereby irrevocably, during the term
hereof, authorizes,
empowers and vests in the Society the right to enforce and protect such
rights of public performance under any and all
copyrights, whether
standing in the name of the Owner and/or others, in any and all works
copyrighted by the Owner, and/or by others; to prevent the
infringement
thereof, to litigate, collect and receipt for
damages arising from infringement,
and in its sole judgment to join the Owner and/or others in whose
names the copyright may stand, as parties
plaintiff or defendants in suits
or proceedings; to bring suit in the name of the
Owner and/or in the
name of the Society, or others in whose name the
copyright may stand,
or otherwise, and to release, compromise, or
refer to arbitration any
actions, in the same manner and to the same
extent and to all intents
and purposes as the Owner might or could do, had this
instrument not
been made.
5. The Owner hereby makes, constitutes and
appoints the Society, or its
successor, the Owner’s true and lawful attorney, irrevocably
during the
term hereof, and in the name of the Society or its successor, or in the
name of the Owner, or otherwise, to do all acts, take
all proceedings,
execute, acknowledge and deliver any and all
instruments, papers,
documents, process and pleadings that may be
necessary, proper or
expedient to restrain infringements and recover
damages in respect to or
for the infringement or other violation of the
rights of public performance
in such works, and to discontinue, compromise or
refer to arbitration any
such proceedings or actions, or to make any
other disposition of the
differences in relation to the premises.
6. The Owner agrees from time to time, to execute,
acknowledge and
deliver to the Society, such assurances, powers of attorney
or other
authorizations or instruments as the Society may deem necessary or
expedient to enable it to exercise, enjoy and
enforce, in its own name or
otherwise, all rights and remedies
aforesaid.
7. It is mutually agreed that during the term
hereof the Board of Directors
of the Society shall be composed of an equal number
of writers and
publishers respectively, and that the royalties
distributed by the Board of
Directors shall be divided into two (2) equal
sums, and one (1) each of
such sums credited respectively to and for
division amongst (a) the
writer members, and (b) the publisher members,
in accordance with the
system of apportionment and distribution of
royalties as determined by
the Board of Directors in accordance with the
Articles of Association as
they may be amended from time to time.
8. The Owner agrees that the apportionment and
distribution of royalties
by the Society as determined from time to time by
the Board of Directors
of the Society, in case of appeal by him, shall be
final, conclusive and
binding upon him. The Society shall have the right to transfer the
right of
review of any apportionment and distribution of
royalties from the Board
of Directors to any other agency or
instrumentality that in its discretion
and good judgment it deems best adapted to
assuring to the Society’s
membership a just, fair, equitable and accurate
apportionment and
distribution of royalties. The Society shall have the right to adopt from
time to time such systems, means, methods and
formulae for the
establishment of a member’s apportionment and
distribution of royalties
as will assure a fair, just and equitable
distribution of royalties among
the membership.
9. “Public Performance”
Defined. The term “public performance” shall
be construed to mean vocal, instrumental and/or
mechanical renditions
and representations in any manner or by any
method whatsoever,
including transmissions by radio and television
broadcasting stations,
transmission by telephony and/or “wired
wireless”; and/or reproductions
of performances and renditions by means of
devices for reproducing
sound recorded in synchronism or timed relation
with the taking of
motion pictures.
10. “Musical Works”
Defined. The phrase “musical works” shall be
construed to mean musical compositions and
dramatico-musical
compositions, the words and music thereof, and
the respective
arrangements thereof, and the selections
therefrom.
11. The powers, rights, authorities and
privileges by this instrument
vested in the Society, are deemed to include the World,
provided,
however, that such grant of rights for foreign
countries shall be subject
to any agreements now in effect, a list of which
is attached hereto.
12. The grant made herein by the Owner is modified by and subject to
the provisions of (a) the Second Amended Final
Judgment in United
States vs ASCAP, Civ. Action No. 41-1395
(S.D.N.Y. June 11, 2001), as
the same may be amended from time to time, and
(b) the provisions of
the Articles of Association and resolutions of
the Board of Directors.
SIGNED, SEALED AND DELIVERED, on this of ,
.
day month year
Owner*
Society
SIGN YOUR LEGAL NAME
HERE
PRINT OR TYPE YOUR FULL LEGAL
NAME HERE (MUST MATCH NAME ON
APPLICATION)
* SIGNATURE OF PARENT OR
GUARDIAN,
IF APPLICANT IS UNDER
18
PRINT OR TYPE NAME OF PARENT OR
GUARDIAN
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND
PUBLISHERS
BY
PRESIDENT AND
CHAIRMAN OF THE BOARD
{
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ASCAP l One Lincoln Plaza, New York, NY 10023
l (212)
621-6000
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