Definitions
“Record Rights” - means collectively:-
1. The right to produce and/or commission and/or issue a Recording and the right to exploit or permit others to exploit in perpetuity such Recording or part thereof including the right to:-
a) exploit such Recording in all formats (whether now known or hereafter created and including without limitation vinyl disc, cassette, cartridge, audio-only CD, CD-DA, CD Plus, CD+G, DAT, laserdisc, videogram, videotape and film) and media (whether now known or hereafter created including without limitation on-line delivery) and/or to refrain from exploitation thereof;
b) alter and/or adapt and/or remix such Recording save that this right shall not extend to the right to compile libraries of extracts of Recordings for the purposes of exploitation in further projects;
c) broadcast and/or publicly perform such Recording including the right to broadcast or include in a cable programme service the whole or any substantial part of the performance
d) synchronise such Recording with visual images
e) issue copies of such recording to the public (including, without limitation, by way of sale and rental);
f) substitute the performance of an alternate musician in such Recording.
2. The non-exclusive right to use the name, likeness and biography of the Musician concerned in connection with the exploitation of such Recording.
3. All other right, title and interest of the Musician concerned in respect of such Recording (whether now known or in future created) including without limitation any lending and rental rights.
A Recording means an audio-only recording of the whole or any part of the performance of a Musician (whether in the studio, in concert or otherwise).
A Musician means all those who perform on the terms of this Agreement.
“Interactive Rights” - means collectively:-
1. The right to produce and/or commission and/or issue an Interactive Recording and the right to exploit and/or present or permit others to exploit and/or present in perpetuity such Interactive Recording or part thereof (subject only to the limitations set out in this Agreement) including, without prejudice to the generality of the foregoing, the right to:
a) incorporate such Interactive Recording into videograms and other audio-visual devices;
b) exploit such Interactive Recording in all formats (whether now known or hereafter created and including without limitation CD-I, CD-Rom/PC, video game formats, and virtual reality systems), manner and media (whether now known or hereafter created including without limitation electronic on-line delivery) and/or to refrain from exploitation thereof;
c) alter and/or adapt and/or remix such Interactive Recording save that this right shall not extend to the right to compile libraries of extracts of Interactive Recordings for the purposes of exploitation in further projects ;
d) Use such Interactive Recording as a Backing Track;
e) broadcast and/or publicly perform such interactive Recording including the right to broadcast or include in a cable programme service the whole or any substantial part of the performance of the Musician concerned
f) synchronise such Interactive Recording with visual images
g) issue copies of such Interactive Recording to the public (including without limitation, by way of sale and rental);
h) substitute the performance of an alternate musician in such Interactive Recording.
2. The non-exclusive right to use the name likeness and biography of the Musician concerned in connection with the exploitation of such Interactive Recording.
3. All other right, title and interest of the Musician concerned in respect of such Interactive Recording (whether now known or in future created) including without limitation any lending and rental rights.
An Interactive Recording means a recording for interactive presentation either uniquely or in any combination of audio recordings, audio visual recordings, graphics, animation, text and data which includes material taken from one or more Recordings and/or Films irrespective of whether the same may be advertised, marketed and sold as a music based recording.