Common use of Collecting societies Clause in Contracts

Collecting societies. 4.1 Any and all rights and claims administered by collecting societies in the Licence Territory shall be excluded from the grant of rights. Licensee will clear these claims and/or rights at its own costs and will indemnify Licensor against all third party claims regarding these rights. 4.2 Licensee is obliged to specify to the collecting societies in charge for the Licence Territory the title of the Program/s used in the Territory, the original title (in the case of series or mini series the title of the series / mini series and the titles of each individual episode) and the ZDF program ID - if the Program/s are ZDF Production/s. 4.3 All amounts collected by any author’s rights organization, performing rights society or governmental agency which are payable to authors, producers or licensees and which arise from royalties, compulsory licenses, cable retransmission income, exhibition surcharges or the like, will, as between Licensor and Licensee, be Licensor’s. By way of illustration but not limitation, this will apply to such amounts arising from theatrical exhibition of the program, from any tax or royalty payable with regard to the sale of blank Audio- or Videograms, or the sale or rental of VCRs and other hardware, from royalties collected by AGICOA and from collections by music performing or mechanical rights societies. Licensor has the sole right to apply for and collect all these amounts. If any of them are paid to Licensee, then Licensee, without any deduction from the full amount received, will immediately remit them to Licensor with an appropriate statement identifying the payment and evidence of Licensee’s receipt of such funds thereof.

Collecting societies. 4.1 Any and all rights and claims administered by collecting societies in the Licence Territory shall be excluded from the grant of rights. Licensee will clear these claims and/or rights at its own costs and will indemnify Licensor against all third party claims regarding these rights. 4.2 Licensee is obliged to specify to the collecting societies in charge for the Licence Territory the title of the Program/s used in the Territory, the original title (in the case of series or mini series the title of the series / mini series and the titles of each individual episode) and the ZDF program ID - if the Program/s are ZDF Production/s. 4.3 All amounts collected by any author’s rights organization, performing rights society or governmental agency which are payable to authors, producers or licensees and which arise from royalties, compulsory licenses, cable retransmission income, exhibition surcharges or the like, will, as between Licensor and Licensee, be Licensor’s. By way of illustration but not limitation, this will apply to such amounts arising from theatrical exhibition of the program, from any tax or royalty payable with regard to the sale of blank Audio- audio- or Videogramsvideograms, or the sale or rental of VCRs and other hardware, from royalties collected by AGICOA and from collections by music performing or mechanical rights societies. Licensor has the sole right to apply for and collect all these amounts. If any of them are paid to Licensee, then Licensee, without any deduction from the full amount received, will immediately remit them to Licensor with an appropriate statement identifying the payment and evidence of Licensee’s receipt of such funds thereof.