Terms of Use

I hereby submit my application for membership with The Local Tune (hereinafter called “the Company”). I agree to abide by the Company's Articles of Association and any amendments thereof.

With immediate effect while my application is under processing by the Company, I hereby authorise the Company to collect all licence fees on my behalf in relation to the public performances and communication of my musical works [hereinafter called ‘works’], of which I own the copyrights.

I hereby appoint the Company and its authorised representatives as my agents to grant licences to persons, firms and companies to give them the authority to perform in public and/or permit public performances of my works.  It shall include broadcasting and sending my works to subscribers for diffusion service. It shall also include communicating my works to the public, and collecting and recovering all fees for using my works according to the fees fixed by the Company.

 

I agree and authorise the Company to deduct all expenses incurred by the Company and its agents in the process of collecting the fees.

In relation to the collection and recovery of the fees or should there be unauthorised performances and use of my works, I hereby authorise the Company to take such legal proceedings deemed necessary and/or advisable by the Company on my behalf in respect of legal action in recovering the fees or in claiming for damages either by legal injunction and/or in restraining the unauthorised performance or use of my works.

I shall provide the Company on the prescribed format each title of my works, which I am the rightful author and/or owner of the performing rights. The Company shall have no obligation or be exposed to any liability to any of my works, which I have not given to the Company the relevant information and details.

I hereby warrant and confirm that my works or the works of my artists given to the Company are original compositions written by me and/or my artists, and we have not infringed the copyrights of any other musical works. I confirm and agree that I shall keep the Company fully and adequately indemnified against all costs and charges that the Company may suffer or incur due to claims resulting from the exercise by the Company of the rights herein authorised by me for my works.

I shall provide the Company immediately my change of new address, contact details and/or any other relevant information to keep it current at all times.

I have the authority to revoke this membership only after 3 years from the date registered by giving the Company at least three months’ written notice to terminate the membership.

 

QUALIFYING CRITERIA TO APPLY FOR MEMBERSHIP

Before submitting my application to the Company, I confirm I have read the following:-

 

Qualifying Criteria and Eligibility for membership:

I am an Artist or Record Label of at least TEN of my musical works that have been either

a) commercially recorded, or
b) commercially published, or
c) broadcasted, or
d) performed in public.

 

Definition

a) Commercially published means:

Have been made available to the public by sale or hire in graphic form;

b) Commercially recorded means:

i) the works have been released to the public on a record label listed in Musicmaster or Gramophone catalogues, or

ii) the works have been recorded and made available by inclusion in a catalogue of a recorded music (e.g. background or mood music) library, or

iii) the works have been recorded and transmitted by a television or radio broadcasting station or cable diffusion service, or

iv) the works have been recorded on the soundtrack of a film or other audio-visual production that has been released for public exploitation or use.

c) Publicly performed means: Performed in premises that are or are eligible to be licensed by the Company.

Assignment of Rights

 

I hereby confirm that when the Company admits me as a member of The Local Tune, the following rights are assigned by me to The Local Tune for administration:-

  • Performing Rights

The rights assigned to The Local Tune by this Deed in relation to a musical work or works:

a) to perform the work in public;

b) to communicate to the public;

“Communicate” or “Communicating” by the Company is defined as “to transmit my works or other subject matter by electronic means (whether over a path or combination of paths or otherwise) or by any other means, be it sent in response to a request or otherwise.  It shall include the following: 

(i) Broadcasting;

(ii) For inclusion in a cable programme;

(iii) To make my works or subject matter available in such a way for it to be easily accessible by any person from any place, and at any time chosen by him or her.

I hereby assign the performing rights of my works to the Company, and it is compulsory and exclusive to the Company.  

 

I confirm that any change or variance of this assignment by me will render the immediate termination of my membership by the Company with no recourse to me, and at no expense or liability to the Company.