Terms and Conditions for Recording Your Work
This Agreement is between the writer / contributor of the “Work” (content) submitted for recording and Rachel Cochrane of G7 Perspective Suite, West Wing, Prospect Business Park, Leadgate, Consett, County Durham DH8 7PW (“Rachel Cochrane”). The commencement date of the agreement comes into effect from the date of agreement as received by Rachel Cochrane
- Rachel Cochrane owns and operates the Website(s) (terms defined below).
- The Contributor owns all of the intellectual property rights in the Work and Rachel Cochrane wishes to use the Work in order to produce the recording to put on the Website(s) or make available on other platforms.
- The Contributor agrees to licence the Work to Rachel Cochrane and further agrees for Rachel Cochrane to use the Work for the Permitted Acts (later defined), subject to any other Terms contained in this licence.
1. Agreed Terms and Interpretation
|“Commencement Date”||means the date of this agreement.|
|“Work”||means the literary work submitted and any other original work supplied by the Contributor to Rachel Cochrane in the future under the terms of this licence (including any updates provided during the Licence Term).|
|“Licence Term”||commences on the Commencement Date and continues in force for the full duration of copyright in the Work or until either of the parties mutually agree to terminate this agreement or this agreement is terminated pursuant to clause 4.2.|
|“Recording”||means any original work which is based on the Work and recorded or put into audio format by Rachel Cochrane for publication on the Websites pursuant to clause 2.2 of this agreement.|
|“Website(s)”||means the website at the domain name rachelcochrane.com & any other websites or webpages or podcast sites or platforms owned or managed by Rachel Cochrane or any platforms or sites where Rachel Cochrane agrees that the podcast can be uploaded|
- Grant of Licence
2.1. In consideration of Rachel Cochrane agreeing to promote the Contributor’s work through the Websites and platforms; from the Commencement Date and throughout the Licence Term, the Contributor grants to Rachel Cochrane a royalty-free licence to use the Work in order to produce the Recording, to publish the Recording on the Website or in other formats such as on CD or podcast.
2.2. The licence to use granted under clause 2.1 includes the right for Rachel Cochrane to:
2.2.1. modify, electronically reproduce, record and distribute, alter, copy, incorporate, condense, and publicly perform and display the Work as a Recording through any media now known or hereafter developed;
2.2.2. reproduce and distribute through any media now known, or hereafter developed, excerpts of the Recording in advertisements for and in marketing and promotional materials related to the Website or podcast;
2.2.3. reproduce the Recording on CD or on other similar format for commercial & non-commercial purposes
(the “Permitted Acts”)
2.3. The Contributor agrees that the end-users of the Websites and digital platforms are able to view and listen to the Recording through the Website and in some cases may be permitted to download the work or similar.
2.4. Where the Work as a Recording is promoted on the Websites, digital platforms or compiled onto CD format Rachel Cochrane agrees to credit the Contributor as the original copyright owner of the work.
3.1. The Contributor shall be solely responsible for the accuracy and completeness of the Work
3.2. Rachel Cochrane owes no obligation to the Contributor, and undertakes no responsibility, to review the Work to determine whether any such Work may result in any liability to any third party.
3.3. Any Work supplied to Rachel Cochrane for promotion on the Websites will be considered as non-confidential.
3.4. Notwithstanding anything to the contrary contained in this licence, if Rachel Cochrane reasonably believes that any Work may create liability for her, she may remove such Work as she believes, in her sole discretion, is prudent or necessary to minimise or eliminate Rachel Cochrane’s potential liability.
4.1. The Contributor warrants to Rachel Cochrane that the Work:
4.1.1. does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy;
4.1.2. does not violate any law, statute, ordinance, regulation or code of practice in the United Kingdom;
4.1.3. does not contain any defamatory, trade libellous, unlawfully threatening or unlawfully harassing content;
4.1.4. does not contain any obscene or pornographic content and does not contain child pornography;
4.1.5. does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and
4.1.6. that the Contributor is at least 18 years of age.
4.2. If any of these warranties are breached by the Contributor Rachel Cochrane, at her absolute discretion, reserves all rights to immediately remove the Work or any adaptation or modification of it from the Website or other platforms. Furthermore, if the warranties provided by the Contributor at clause 4.1 are breached the licence will be terminated immediately and the Work will be destroyed and will not be returned to the Contributor.
The Contributor agrees to indemnify and keep indemnified Rachel Cochrane from and against any third party or user claims, proceedings or demands made against Rachel Cochrane for any loss, damage or injury arising from or relating to the Work or Rachel Cochrane’s use thereof and for breach of any of the warranties provided by the Contributor as stated at clause 4.1 of this agreement.
6.1. Rachel Cochrane retains all intellectual property rights in the Websites and the Recording (save in respect of those elements of the Recording whose ownership in copyright is that of the Contributor) and nothing in this licence shall be taken to grant any rights to the Contributor in respect of such intellectual property rights.
6.2. Title to and ownership of all copyright embodied by or otherwise incorporated into the Work shall remain with the Contributor. Except as expressly provided in this licence, nothing shall be construed to grant to Rachel Cochrane any right, title or interest in or to the original Work.
6.3. The Contributor shall indemnify Rachel Cochrane against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Work infringes intellectual property rights belonging to a third party.
The Contributor may not assign or transfer any of its rights or obligations under this licence. Rachel Cochrane may assign or transfer any of its rights or obligations under this licence provided she gives advance notice to the Contributor in writing.
This licence is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
9.1. This licence and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
9.2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).
- Writers / contributors reading their own work for recording
The writer /contributor of the work who reads or performs their own work for recording waives all moral rights in their performance and any other moral rights provided for under the laws now or in future in force in any part of the world, in so far as they may lawfully do so.
You may wish to print a copy of these terms and conditions for your own reference.
If you have any questions about these terms and conditions please contact Rachel Cochrane CLICK HERE