ORVIETO MUSICA, L.L.C.
Musician Media & Recording Release Agreement
Section One: “Non-Exclusive Copyright License and Use”
The undersigned musician member of Orvieto Musica (“Musician”) and Orvieto Musica, LLC, a music festival (“OM”), wish to enable the limited distribution of media in which the Musician appears during the 2024 season (June 17, 2024 – July 5, 2024) (“Season”) for the purpose of capturing and enhancing the Musician’s and other participant’s experiences in the current and future Seasons of OM.
Therefore, to carry out the purpose stated above, Musician hereby grants to OM a non-exclusive, perpetual, limited (as stated below) right to use, copy, modify, and distribute recordings and photos (or portions thereof) of performances by Musician during the 2024 and future Seasons. This will include photos and recordings of OM rehearsals, activities, and/or concerts in which Musician participates during the 2024 Season. Such grant is limited as follows: OM shall make and distribute a number of copies that shall be no more than that reasonably necessary to allow current and future OM performers, staff, faculties, and directors to familiarize themselves with the characteristics of that performance or activity. Distribution shall be subject to the marking and copying restrictions set out in the following paragraph.
Each recipient of a photo or recording of a performance subject to this grant shall agree not to further copy, transmit electronically, or publish the performance, and agrees to retrieve and destroy or return such copies if made. Each recipient may, however, keep the copy provided for personal use perpetually. A recipient may, on request, be permitted to make or receive additional copies at the discretion of OM, subject to the terms of the grant above. All copies shall be marked with a copyright notice in favor of OM, and Musician waives the necessity of any separate listing of any copyright or other interest retained by the Musician in such recording. Musician waives any right to be identified separately in such recordings or photos on the OM website or additional social media exposure.
When Musician is a recipient of their own performance or of other performances subject to this agreement, Musician agrees to abide by the restrictions set out in this Agreement, including those set out in the paragraph above.
Section Two: “Live Recording Use”
OM hereby engages Musician and Musician hereby accepts such engagement as a recording Musician in connection with the production of commercially satisfactory live recordings comprising of selections from the 2024 OM Season containing Musician’s original performances. Each such live recording shall be commercially satisfactory in OM’s reasonable opinion.
OM shall share the Recording Costs associated with the recording and production of the selected live recordings as well as costs incurred in the preparation of commercial units of phonorecords with assigned Record Label, including but not limited to costs associated with the creation and preparation of cover art, graphics, designs, credits, layout, mockups, printer fees, inks, films, special containers, shrink wrap, and the like. Any and all creative material so prepared and paid for by OM shall be the sole property of OM.
Without limited the generality of the foregoing, OM and its designee(s) shall have the exclusive, perpetual, and unlimited right to all results and proceeds of the uninhibited exploitation of the selected live recordings throughout the world, including, but not limited to: (i) The right to manufacture, advertise, sell, lease, license, distribute or otherwise use or dispose of, in any or all fields of use by any method now or hereafter known, records embodying the live recordings delivered hereunder, upon such terms and conditions as OM may elect, or at its discretion to refrain there from; (ii) The right to use, reproduce, print, publish or disseminate in any medium, and to permit others to do the same, Musician’s name, photos, likeness, and biographical material concerning Musician in all connections which relate in any manner to the live recordings by OM, including, without limitation, in the marketing, sale or other exploitation of records, and as news or other information, in connection with OM’s business; (iii) The right to perform the record publicly and to permit public performance thereof by means of radio broadcast, television or any other method now or hereafter known, and to synchronize such performances with visual images; (iv) The right to license the live recordings to third parties for use on a flat-fee and / or royalty basis; (v) To include the live recordings on compilations with masters by other Musicians, producers, and / or Musicians.
Musician acknowledges that the sale of records is speculative and agrees that the judgment of OM with regard to any matter affecting the sale, distribution and exploitation of such records shall be binding and conclusive. Musician waives any royalties in respect of records sold subject to this Agreement.
Agreement
By agreeing to the terms listed above in this agreement, Musician is hereby releasing to OM the exclusive right to publish recordings and photos featuring said Musician for use on the OM website, marketing materials, and all related social media platforms. The digital signature collected at the end of this application will make this a binding agreement between Musician and OM.