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Broadcasters moving onto the Internet need to obtain the permission of music owners. The following clause would appropriately be used by a record company, music publisher or other music content owner (“Provider”) in entering into a content licensing agreement with a web distribution service (“Distributor”). The web distribution service may include web sites that offer music downloads or, more likely for broadcasters, streams of audio or audio visual productions or multimedia works that incorporate sound recordings, music videos, etc. By accepting this provision, the Distributor takes responsibility for obtaining all permissions and licenses directly from the appropriate rights holders or their representatives, such as performing rights societies (ASCAP, BMI and/or SESAC). This clause can be adapted for use in connection with nonmusic content by altering the specific references to the music performing societies. It should be noted, however, that these music rights issues arise in connection with any content that includes music, even if the music is not the featured element. Clearances. As between Provider and Distributor, Distributor shall be solely and exclusively responsible for obtaining all rights, licenses, permissions, releases, approvals, clearances and credit or attribution information, and payment of all royalties, license or reuse fees, or any other payments necessary for Distributor to use any Provider Materials in connection herewith, including, without limitation, any and all licenses from national or international rights licensing societies (such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Inc. (BMI), and SESAC Inc.) having jurisdiction over the digital transmission of elements included in the Provider Materials (including, but not limited to, musical compositions and musical performances) that may be required to be obtained for the Distributor’s Service, including any of the Provider Materials, to be published without infringing any right under copyright or other applicable law. James Kendrick is a partner and Kristen Matthews and Laura Mankin are associates in the New York office of Brown Raysman Millstein Felder & Steiner. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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