ANNEX I. CONTRACT SUBMISSION ARTISTS PLATFORM BUNKERMUSIK.COM
CONTRACT FOR THE INCORPORATION OF WORK AND MUSICAL RECORDING TO THE BUNKERMUSIK PLATFORM AND TRANSFER OF INTELLECTUAL PROPERTY RIGHTS FOR THE TIMING OF WORK AND MUSICAL RECORDING
OF ONE PART, Mr ANTONIO LO RISO ,adult and with a DNI of X3992040E and with a domicile in the street CONDE DE ROMANONES 5 28012,MADRID, as stated in hereinafter
AND ELSEWHERE, ”THE AUTHOR” of legal age and with all the personal information is expressed in the submission form of this contract
The parties in the respective character with which intervene, mutually recognize the legal capacity necessary to conclude this Contract, and to this end, freely and by mutual agreement,
I.- That BUNKERMUSIK is the company that owns the digital platform www.bunkermusik.com , through which has created an online repository of works and musical recordings in order to make it available to users, of onerous way, said content for all users interested can beacquired and used with the synchronization system within the works or audiovisual recordings, advertising and multimedia that are creating or producing for, in their case, carry out dissemination and / or exploitation in radio, television, other media and the Internet.
II.- That the author is interested in incorporating your work/s or music records (hereinafter, the "Content") to the repertoire of BUNKERMUSIK so the users can obtain sync licenses through the services offered by BUNKERMUSIK. The full description of the contents is contained in Annex I to this Agreement.
III.- For effective service delivery platform BUNKERMUSIK use the transfer of intellectual property rights of the content incorporated of the AUTHOR so that can be completed the synchronizations, object of the online platform; however, all in accordance with the limitations set forth in the subsequent clauses and annexes.
According to the above, both parties signed by mutual agreement in this Contract, in accordance
with the following,
The purpose of this contract is twofold: on the one hand (i) the incorporation of Content contemplates the platform BUNKERMUSIK for the management and marketing by BUNKERMUSIK, of synchronization licenses requested on it during the term of this Contract; and on the other (ii) the transfer of intellectual property rights in the Content to perform synchronization licenses for users of the platform.
SECOND.- INCORPORATION OF CONTENTS TO BUNKERMUSIK
2.1. Under this Agreement, the author will present to BUNKERMUSK of a digital copy of the Content for your accommodation and inclusion in the repository of the BUNKERMUSIK digital platform, so that it can be exposed and visible to users in order to encourage synchronization license purchases by them.
2.2. The digital copy of the Content submitted by the author to BUNKERMUSIK must meet sufficient technical and artistic conditions of quality to enable direct inclusion, without any modification or arrangement, the repertoire of BUNKERMUSIK. Specifically, the digital copy must
have the following technical characteristics:
48.000HZ WAV, MP3 FILE.
2.3. During the period of validity of this Contract, including its extensions, the digital copy of the Content will remain hosted on servers used by BUNKERMUSIK as well as during the time necessary to fulfill its obligations under the provisions of this Contract constrict with third parties.
THIRD.- EXHIBITION IN THE CATALOG AND MARKETING OF LICENSES
3.1. Under the contract, BUNKERMUSIK expressly agrees to expose and show the catalog of its platform Content provided by the author, following the dynamics of selection and sample content used by the platform. In this sense, the author knows and accepts that BUNKERMUSIK organizes
content by tagging or topics such as, for example, genres, moods, etc. The author may propose the categories where have preference but the final decision will be made only by BUNKERMUSIK.
3.2. BUNKERMUSIK may also provide non - exclusive licenses of Contents of the AUTHOR to the users of the platform who want to synchronize that author’s content in their own works during the term of this Contract.
The characteristics of the licenses on the Content that BUNKERMUSIK can give to users are those described in Annex II of this contract.
3.3. The license pricing on the platform and material presentation and promotion, dissemination and commercial exploitation of the Content will be the exclusive competence of BUNKERMUSIK.
3.4. BUNKER MUSIK, compromise to regularly report, at the request of the author, the licenses that have actually been issued to the public, sending him within the decided periodicity or otherwise semiannually, a state of recovery.
FOURTH.- ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS AND PROPERTY OF MASTERS
4.1. Under this Contract, the author expressly authorizes to BUNKER MUSIK, the power to grant non - exclusive licenses, as provided in Annex II, for synchronization of its contents.
4.2. As a result of the above and for the effective performance of the licensing system that constitutes the object of this Contract, the author assigns to BUNKERMUSIK, as a non - exclusive but with express authority to transfer to third parties, for everyone and the duration stipulated in this Contract , in order to enable operations on formats, media and modalities set out in Annex II and to the extent provided in this Contract, the intellectual property rights over the content lists below:
a. The right of Disclosure and publication, if the work accessible for the first time to the public through the BUNKERMUSIK platform, of the Content.
b. The right of PLAYBACK direct or indirect Content, understood as such the right to Fixing direct or indirect, temporary or permanent, by any means or any medium of all or part of it, allowing its communication or obtainment the copies of the whole or parts or fragments of the Content. The digitalization of the Content as the storage in digital form on a electronic support will have the consideration as an act of reproduction.
The reproduction right will be understood in two ways:
i.The right that attends BUNKERMUSIK, or third parties subcontracted by it, to reproduce the contents of the AUTHOR at the effects of carrying out the work for
promotional or advertising content, as for the normal functioning of its digital platform.
ii.The included release in the license to third parties as to allow the synchronization of the Content in their works or recordings, so as its subsequent diffusion or exploitation according to the license acquired in accordance with the
limitations in Annex II.
c. The right to the DISTRIBUTITION of Content, understanding the same as the right to allow third acquirers license of the Content to distribute copies of the work in which theyn synchronize the contents in accordance with the characteristics of licenses included in Annex II. In this sense, and with the stipulated limitations, in their case, in Annex II, the right of distribution includes the possibility of incorporating the Content, along with the work or recording where it syncs to any means or support known and distribute by sale, rental, loan or any other form of temporary or definitive transfer of its possession, including
but not limited to systems of recovery , electronic or unique (digital delivery), access to
banks and databases and especially sound and video recordings, both destine to public
ambit , as for domestic or private.
d. The right of PUBLIC COMMUNICATION, which must be understood in two
i.On the one hand, the right that attends BUNKERMUSIK to put to disposition the
author content via its Internet platform, both in their streaming mode , for
promotion or advertising content in the web's catalog and in its download mode in
the case of granting licenses to users of it.
ii. On the other, the release of the license to third parties to synchronize the contents in
his works, which could, with some limitations set forth in Annex II , openly put the
Content, synchronized in his work by all modes included in the article 20 of the
Royal Decree 1/1996 of 12 April, approving the revised text of the Intellectual
Property Law, among which is merely enunciative and not limiting effects: (I) any
projection or exhibition of content for commercial halls or festivals and live
shows; (Ii) issuance of the Content by broadcasting or any other means or
procedance of diffusion by wave, satellite or land; (Iii) transmission of the Content,
along with the work by wire, cable or optical fiber or any other similar
procedure; (Iv) simultaneous retransmission or not by any existing method; (V) the
disposition of the Content as part of the work which has been synchronized; (Vi) all
that in open and/or coded, or analogical or digital or payment including PPV, VOD
and NVOD systems, , and others similar, and the communication through Internet
(including downloads platforms) and telematics networks, as any other means or
The right of TRANSFORMATION TION in his SYNCHRONIZATION mode to incorporate the
Content to the works of third party licensees obtaining such license BUNKERMUSIK platform.
Also , and within this law, transformation of
Content is allowed, always and in any case related to the synchronization with the third party's
work, in their mode of dubbing and / or subtitling, partial exploitation of the Content, in his
condition of synchronized part of someone else's work, for, in other aspects, the promotion,
advertising and/or marketing of the work.
4.3. The duration of the assignments mentioned in the preceding clause will vary according to the
case of an assignment to BUNKERMUSIK or the incorporated synchronization license. That is to
i.The assignment of the rights to BUNKERMUSIK so that it can proceed to give
synchronization licenses on the Content through its platform remaining in force
under the duration of this Contract according to the FIFTH clause.
ii.The assignment included within the license to synchronize the content to third
users for incorporation in his work or recording and its duration is
extended to the entire duration of the intellectual property rights in accordance
with the legislation in force in the work to which it is incorporated.
4.4. It is reserved for the author and excluded from the assignment of this Contract the
comprehensive moral faculties of the AUTHOR, that shall be respected at all times by the
BUNKERMUSIK, who require third parties that hires them the safeguard this right.
The author also will retain the economic content of the inalienable rights under the law as stipulated
in Article 25 (private copy), 90.2 (rent), 90.3 and 3.4 (public communication) that in his case might
result from exploitation Content as part of the work of third users.
Similarly, are excluded from the assignment of this Contract and reserved to the author, the
rights afforded them in relation to methods of use not provided for therein, or to be affected
in the form and other than those expressly mentioned in this condition. Similarly, are excluded from
this contract and reserved in favor of their legitimate owners, few intellectual property rights
corresponding to third parties that had not been sold by them expressly.
4.5 Likewise and during the time that this contract is in effect the author assigns possession to
BUNKERMUSIK the master (digital recording) in which the content is collected.
FIFTH.- TERRITORIAL SCOPE AND DURATION
5.1. BUNKERMUSIK exercise the rights granted in this Agreement throughout the universe.
5.2. The duration of this contract will be of 4 years. This Contract shall be extended by annuities if
the parties do not show irrefutably its intention to terminate the contract with a period of thirty (30)
days prior to the termination of the Contract.
5.3. The previous duration is understand without prejudice of the stipulated in the clause 4.3 of this
6.1. To marketing licenses granted by BUNKERMUSK for synchronizing the Content to third party
users of its platform, BUNKERMUSIK undertakes to deliver to the AUTHOR an amount
corresponding to 50% of the benefits of granting licenses, after deducting expenses (taxes)
determined by law.
6.2. The use of intellectual property rights when these are exercised by third parties and whose
management is allocated some of the management entities operating in Spanish or foreign territory,
have the proportional remuneration rates determined in the corresponding management entity. The
amount to be levied for these items does not correspond in any case to BUNKERMUSIK but the
authors, artists or producers where appropriate legally is determined.
SEVEN.- WARRANTIES AND RESPONSIBILITY OF THE AUTHOR
7.1. THE AUTHOR declares on his sole responsibility that has all the powers and qualifications
required to perform transfers of rights and authorizations which this Contract relates. Therefore, the
author assures to the BUNKERMUSIK, and third parties that he licenses, the peaceful enjoyment
free of charge of all the rights that are granted.
Consequently, the AUTHOR will be responsible before BUNKERMUSIK and hold harmless
against any claims by third parties that may be submitted to him in connection with the bankruptcy
of the above guarantees; without any damage from compensatory actions shelter by
BUNKERMUSK in regards of this contract and /or the law.
7.2. In the event that the digital recording delivered to BUNKERMUSK include interpretations of
other persons than the author, he will be responsible for getting authorizations and assignments
relevant to the compliance of this Contract, including assignments under stipulated in the fourth
clause. And it must count at all times with these authorizations that may be required through the
duration of the contract, by BUNKERMUSIK.
EIGHT.- CONTRACT TERMINATION
8.1. The contract expires besides the general grounds for termination of contracts, it’s also because
the termination of the agreed period.
8.2. In the event of default by any of the parties of the obligations, the injured party is entitled to
require the other by written notification to rectify such breach within fifteen (15) calendar days
from receipt by the defaulting party of such notice, the other party may terminate the Contract
without further notice if is not made within that period the satisfactory rectification rectify; all of
that without the prejudice of the compensation for damages that in this case may correspond.
8.3. Even if the contract is terminated, BUNKERMUSIK will retain digital copies until the
fulfillment of the obligations that BUNKERMUSIK can get as a result of the conclusion of
agreements of sync content with thirds whose authorization for the transfer is agreed in this
8.4. The termination of this Contract will not lead to the completion of the transfer of rights to third
parties as stipulated in the FOURTH clause of this Contract.
NINE.- PERSONAL DATA
In accordance with the provisions of the Organic Law 15/1999 of Data Protection
(hereinafter " GDPR "), the AUTHOR consents that their personal data will be incorporated into the
database AUTHORS, owned by BUNKERMUSIK so that during the term of this contract,
BUNKERMUSIK can make the necessary communications and settlements effectively.
The author agrees to keep their data, informing the entity in the shortest time possible his
modifications. BUNKERMUSIK is committed to fulfilling its obligation of secrecy of personal data
and its duty to treat it as confidential, and to this end BUNKER MUSIK take the necessary
measures to prevent alteration, loss, or unauthorized access, given the current state of technology as
provided by current legislation in Spain regarding the protection of personal data.
In accordance with Article 11 of the Data Protection Act, BUNKERMUSIK may communicate
personal data to companies required for the necessary performance of their activity, in any case
informing the user of this circumstance and seek their consent for such communication.
The author may exercise their rights of access, rectification, cancellation or opposition by writing to
the address indicated by BUNKERMUSIK in the heading of this Contract.
Each Party recognizes that in relation to the services, can access or otherwise receive confidential
information from the other. Each Party commits to use all reasonable means to not disclose
confidential information of the other party to any of its employees or subcontractors not necessary
to know, and all reasonable efforts to avoid disclosure or access by third parties without the prior
written consent of the disclosing party.
11.1. This agreement supersedes and replaces any contract or prior agreement between the parties
with the same object and can only be modified by a new agreement signed by both parties.
11.2. If any provision of this contract is declared void or unenforceable, that provision shall be
deemed excluded from the contract without involving the invalidity of the same. In this case , the
parties shall do everything in their power to find an equivalent solution that is valid and duly reflect
11.3. The headings of the various clauses are for information purposes only and do not affect,
qualify or extend the interpretation of this Contract.
11.4. Any notice to be made between the parties shall be in writing and shall be delivered
personally or otherwise certifying the reliable receipt by the notified party at the respective
addresses indicated in the heading of this Contract. Any change of domicile of a party shall be
notified to the other immediately and by a means that ensures receipt of the message.
TWELVE.- JURISDICTION AND APPLICABLE LAW
12.1.- This Agreement shall be governed by Spanish law.
12.2.- The parties expressly submit to the jurisdiction of the courts of Madrid capital for legal
disputes that may arise regarding the validity, effectiveness, interpretation and execution of
this Contract , expressly waiving any other jurisdiction that may apply.
And in conformity and acceptance of the above, both parties sign this Contract , extended in
duplicate and in a single effect, in the city and date named in the submission form of this contract..