TMC LIMITED PUBLISHING AGREEMENT
Last Updated 10/10/2021
TMC Publishing Limited (hereafter called as Publisher) is a company based in the UK (C/O The Accountancy Partnership Twelve Quays House, Egerton Wharf, Wirral, United Kingdom, CH41 1LD) providing digital distribution services to creators of music, books and artoworks. By using TMC platform services you as the creator you agree:
1. Original creation – Description of works
1.1 The creator has created the following original works of music and lyrics, books, artworks – hereinafter called “works”.
2. Exclusive exploitation
- Through the present, the creator licenses to the Publisher the entire copyright and all other rights of whatever kind and nature in the Composition(s) and all rental and lending rights, making available rights and rights of communication to the public.
- The creator does not transfer any copyright or intellectual property to the publisher.
- The works are authentic and/or original.
- Due to their originality, no intellectual property rights of third party/parties are infringed.
- Should any third party’s intellectual right be infringed by the above works, as to the authenticity and originality, the creator is held solely responsible.
- The creator assumes the responsibility to fully indemnify every third party, as well as the first contracting party, in case of any claim on the works’ paternity arises.
- The indemnification towards the publisher is immediate, upon raising of the claim, and includes all positive and cumulative losses.
- If the copyright to the Work, or renewal or extension thereof, is contingent on notification, registration or any other measures, the Creator grants the Publisher the right to provide registration and undertake the measures required to ensure copyright protection of the Compositions. The Creator shall participate in such initiatives if required for implementation.
- The Publisher shall be entitled to collect payment for the Composition. This collection right shall commence as from signature of this agreement
- The Creator acknowledges that the Publisher is NOT required to pay royalties to the Creator in respect of sheet music or sound recordings that are distributed on a complimentary basis for the purpose of promoting the publication of the song.
3.1 The economic exploitation is granted for all means globally.
3.2 In particular, it is granted on an indicative basis for:
a) licensing the direct or indirect, temporary or permanent reproduction in any means and in any format, in whole or in part,
b) distribution to the public of any tangible carrier containing the recording of the above works’ interpretation or performance,
c) sales or any other way of making available or assigning his property rights on the work as above, its upload and exploitation on the Internet, the renting and public lending of every tangible carrier on which there are recordings of any of the works,
d) broadcasting in any means, such as by electromagnetic waves, satellite and cable retransmission,
e) communication of the works to the public, either through live performance or interpretation of their recording, which is conducted in any way other than their broadcasting and their distribution to the public, either by wire or wireless means,
f) licensing the mechanical reproduction of the work (use in singles, albums, downloads, CD, DVD, tapes, mobile telephony), use in the cinema, the television, the radio, in the theatre, in audiovisual productions, websites, advertisements, use of the compositions or their parts as samples, on the internet, cell phones, theme parks, websites, podcasting, ringtones, music on hold, new media, video games, karaoke, audio books and other means for which a Synchronization License is required.
4 Representation – Management
4.1 Any curtailment or cut of the work, should this be deemed necessary by the publisher, and be due to the communication conditions of the work to the public, is possible, without any commitment by the creator.
5. Table of Rewards – rendering
5.1 The reward is set at forty three per cent (50%) on the publishers‘ net income of all commercial exploitation of the recording and copyrights related to the Compositions.
5.2 The percentages will be rendered at the end of every month given that publisher has been fully paid by any 3rd party (such as distributors, music libraries etc).
5.3 In the case of Performance Rights Organization intervening, and in this case only, for the retransmission of a performance, the payment of the amount to the represented party (i.e. the second contracting party) will be conducted by the said organization, without any liability of the publisher (first contracting party) for the specific payment to the represented party (second contracting party). Publisher is entitled to receive the 50% of public performance income (the so called “publisher’s share”). Publisher is entitled to receive and collect 100% of all monies derived from an exercise of rights respecting The Composition with the sole exception of “songwriter’s share” allocable to Creator from any performing rights organization (PRO). Creator shall receive its share of public performance royalties directly from the PRO with which Creator is affiliated.
6.1 In case the contract is terminated for any reason, this termination shall not affect the effective contracts which have been concluded by the first contracting party up to the moment of termination, and the termination shall take effect upon expiry of the effective contracts and after they have been settled for the specific work as above, and which have been concluded by the first contracting party with any third party.
6.2 The creator has the right to terminate the present agreement, at any time, after a written claim. Publisher is commited to proceed to any clearance between the two contracting parties until the date of the termination claim.
The present agreement is effective and may not be cancelled should either the representative’s legal person or the seat be modified. It is equally effective with any company form (in Greece and abroad), and irrespective of whether in this form of company the party hereby acting as first contracting party, to whom has also been granted the right to act in such cases through deed polls, constitutes its owner, simple shareholder, publisher or representative.
7.1 Any modification of the present shall be effective, only if submitted in writing.
7.2 Should one term under the present is judged illegal or void, the validity and effect of the remaining agreement is not affected.
7.3 In case of any dispute, this shall be resolved by an arbitration committee to be appointed by two solicitors and one judge in Athens Greece.