General Terms and Conditions POPVIRUS Library (Status Quo: 2018)
The musical recordings of POPVIRUS Library (Division of Popvirus Entertainment Pool GmbH) are released on different labels. Upon request and in our sole discretion we make these sound carriers available for free for music users who intend to select music. However, they still remain our property. In case they are not used, we reserve the right to reclaim them after an adequate period of time or otherwise charge a nominal sum amounting to the price of the CD. Please note that by paying this nominal sum, you do not acquire any rights.
2.Placing of orders
If you ask us for copies or originals of sound carriers for commercial or private use, thereby an order has already been placed. By making use of our music the producer accepts the respectively valid price list as well as our terms of delivery. Not later than two weeks after completion of a production, the producer is bound to let us have the exact details concerning the employment of the music. The respective licence form must contain all necessary information.
3.Licencing via third parties
Whoever uses our musical recordings for third parties (agencies, sound studios, productions, etc) and wishes our invoice to be addressed directly to the client is obliged to let us have a copy note, informing us of the fact that the recordings have been passed on. At the same time, the ordering party must be informed of our general terms and conditions.
We do not charge any fees for TV productions of the state-owned TV stations (ARD, ZDF etc.) and of the private channels with GEMA contract (e.g. SAT 1, RTL, etc.) if they are broadcast in countries of the EU, in Austria or in Switzerland (TV, exception: commercial programmes). However, the music user is obliged to duly indicate the respective titles, compositions etc. on the forms provided by the TV stations or GEMA and to forward them. One copy must be posted to us. Upon delivery of these lists, our consent to make use of the musical recordings is given automatically.
5.Prices and terms of payment
Applicable price list is the one valid on the day the order is placed. On the basis of the form (licence request) sent to us, we will charge the exploitation rights. Unless the parties agree otherwise, our invoice is payable strictly net within 14 days upon receipt.
6. Warranty and reservation of proprietary rights
It is strictly forbidden to make use of any our musical recordings (or part thereof) without notice. For each usage of music exceeds the volume of the license applied for which is affected without permission being granted, we charge at least the double of the fee that would have been due for contractual usage according to the valid price list. In case of patent rights by us may only be regarded as such after payment of our invoice. In case of patent rights that have been duly purchased from us, we please the music user from claims of third parties (musicians, conductors, producers, etc.). Exception: the claims of copyright societies, such as GEMA. All permissions granted by us for the use of our recordings are non-exclusive.
The stage rights and the right for the mechanical reproduction of the compositions produced in our recordings are represented by GEMA (Society for musical stage rights and mechanical reproduction rights, Berlin and Munich). These rights have to be obtained from GEMA by the music consumer.
Should one clause of these general terms and conditions become invalid, the validity of the general terms and conditions as a whole will not be affected. In fact, an invalid clause must be replaced by a valid one, accomplishing the original economical sense and purpose of the agreement.
9.Place of execution and court jurisdictio
Munich is the place of execution for all rights and duties deriving from the business realtionship. Court of jurisdiction is Munich Germany.
Status Quo: 2018 www.popvirus.de