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The EMI Companies (as defined below) shall be holding a short amnesty in respect of the prior unlicensed use of Library Works (or parts thereof) as so-called samples in other compositions and/or master recordings (the “Sample Am
nesty”), for which the following terms and conditions shall apply (and all capitalised terms shall have the meaning given to them in the Definitions section below or as otherwise defined herein):
1. In the event that a person and/or entity Submits a Qualifying Sample during the Amnesty Window :
(a) The EMI Companies agree not to take any Action(s) in respect of the unlicensed use of the relevant Qualifying Sample which has taken place prior to such submission, subject to the terms and conditions contained herein;
(b) Licence Negotiations shall commence from the date of such submission; and
(c) In the event that the parties are unable to agree terms during the Licence Negotiations, the EMI Companies reserve the right to take Action in relation to any subsequent infringing and/or unlicensed use of the Qualifying Sample (but, for the avoidance of doubt, will not take Action in respect of uses of the Qualifying Sample prior to the commencement of the Amnesty Window provided that proper Licence Negotiations have taken place).
2. By Submitting a Qualifying Sample, you are accepting and consenting to these terms and conditions, which may be amended from time to time.
3. In the event that an EMI Company becomes aware of an infringing or unlicensed use of a Library Work prior to or during the Amnesty Window and no EMI Company has received a Submission in respect of such use, the Sample Amnesty shall not apply (and the EMI Company who owns and/or controls the relevant Library Work hereby reserves the right to commence Action in respect of such infringing or unlicensed use without regard to the Sample Amnesty).
4. These Terms and Conditions shall be construed in accordance with English law and are subject to the exclusive jurisdiction of the English courts. Definitions
“Action(s)”: Means any and all rights and remedies available to the EMI Companies and/or to EMI Music Publishing Limited and/or Sony/ATV Music Publishing (UK) Limited.
“Amnesty Window”: Means the period commencing on 1st September 2015 and ending on 29th February 2016 (inclusive).
“EMI Companies”: Means the following production music library companies and/or production music library catalogues: KPM Music Limited, Music House (International) Ltd, AV Music Publishers BV, Selected Sound, Coloursound Library Edition, Castle Music, The Ded Good Music Library Limited and Sparkle & Burn (with each also being an “EMI Company”).
“Library Works”: Means production music library compositions and/or master recordings which are wholly owned by an EMI Company (as defined above) (but which, for the avoidance of doubt, excludes any commercial compositions and/or master recordings owned and/or controlled by EMI Music Publishing Limited and/or any of the EMI Companies).
“Licence Negotiations”: Means negotiations in respect of a licence for future use of a Qualifying Sample. Negotiations shall be conducted by the relevant EMI Company in accordance with their standard practices and will be approached as if the Submission is a new licensing request received in the normal course of business. Negotiations shall be conducted by any submitting party in good faith and with the genuine intention of taking out a licence in respect of any future uses of the Qualifying Sample on reasonable commercial terms and any such licence shall be subject to the relevant parties agreeing terms in respect of any future use of the Qualifying Sample (with such terms including, without limitation, the shares of copyright in the work that interpolates the Qualifying Sample). Such negotiations shall be subject to contract until a formal written licence is signed by all relevant parties. Should it become apparent that Licence Negotiations have not been entered into by the submitting party in the manner set out above, Sony/ATV Music Publishing (UK) Limited, EMI Music Publishing Limited and/or the relevant EMI Company reserves the right to take Action in relation to any infringing uses (including, without limitation, infringing uses that took place prior to the Amnesty Window) and the Sample Amnesty will be deemed to not apply.
“Qualifying Sample”: Means use of a Library Work (or part thereof) as a so-called sample where:
(a) Such usage took place prior to the commencement of the Amnesty Window;
(b) No prior licensing discussions and/or negotiations in relation to such use have ever taken place; and
(c) Neither the person submitting the Qualifying Sample nor any other party has previously been contacted by Sony/ATV Music Publishing (UK) Limited, EMI Music Publishing Limited or any of the EMI Companies (or, in respect of each of the aforesaid, one of its sub-publishers and/or affiliates and/or an agent acting on its behalf) in respect of the unlicensed use of such Library Work.
“Submit”: Means to send an email to [email protected], with “Sample Amnesty” in the email heading, setting out: (i) details of the Qualifying Sample and the unlicensed use that has taken place; (ii) a copy of (or link to a copy of) the relevant work in which the Qualifying Sample has been used; and (iii) full contact details of the person(s) making such submission.
