Annual Licence
1. Scope of Licence
In this Licence, the following expressions shall have the following meanings: "film" and "sound recording" shall have the meanings ascribed to them under the Copyright Act 1987;
"Music Video" means a film which has as its principal feature the performance or representation of a musical work and/or sound recording and in which film the copyright in Malaysia is owned and/or exclusively controlled by RIM members;
"Performance" or "Perform" means causing a Sound Recording or Music Video to be seen or heard in public by any means whatsoever, irrespective of whether the Sound Recording or Music Video is used directly or indirectly.
"RIM members" means the producers of Sound Recordings and Music Videos who are members of the Recording Industry Association of Malaysia (RIM), an association registered under the laws of Malaysia;
"Sound Recording" shall include all sound recordings, the copyright of which is owned or exclusively controlled by RIM members.
2. Publicc Performance Malaysia Sdn Bhd ("PPM") is authorised to negotiate and grant licences for the public performance of Sound Recordings and Music Videos on behalf of RIM members, of which a list will be supplied to you upon request.
3. On receipt of your duly completed Application form, PPM will grant you a Licence for the public performance of Sound Recordings and/or Music Videos (as the case may be) at your premises. The Licence is granted based on the information supplied in this Application form and such information is expressly incorporated into the Terms and Conditions hereof.
4. This licence shall be deemed to have commenced on the day in which you commenced business, except where stated otherwise in writing by PPM. Subject to Clause 10 and save where otherwise agreed to in writing by PPM, the licence shall be deemed to remain in force for a period of twelve (12) months from the date of commencement of business and will be renewed yearly unless otherwise agreed to in writing by PPM.
5. PPM will notify you as to the fees due in respect of the grant of the Licence. The fee is payable by you in full and in advance within fourteen (14) days from the date of PPM's invoice, and will be based on PPM's published Tariffs contained in PPM's Quick Quote, a copy of which has been given to you. If PPM fails to receive payment from you within fourteen (14) days from the date payable, PPM reserves the right to charge interest at the rate of one per cent (1%) per month for any unpaid amounts.
6. PPM reserves the right to vary the licence fee payable by you in the event of any material change in the way Sound Recordings and/or Music Videos are used by you at your premises and/or in the event of any change of premises. You undertake to notify PPM of any material change in your business operations including any change of business premises/address within fourteen (14) days of such changes occurring.
7. PPM by its duly authorised employees or agents shall have the right of free entry into your premises during your business hours for the purposes of inspecting the details on which the licence fees are calculated.
8. This Licence shall not be assigned or otherwise transferred in whole or in part.
9. This Licence does not permit you to edit, reproduce, re-mix, re-record or alter any Sound Recordings and/or Music Videos for any purpose whatsoever.
10. PPM may terminate this Licence forthwith upon the occurrence of any breach by you of the above Terms and Conditions. Any termination of the Licence shall be without prejudice to any of PPM's rights that may have accrued up to date of the termination and no part of the licence fee paid will be refunded to you.
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