Article 6 Property rights of artists and performers over their unfixed interpretations and performances Concerning their interpretations and performances, Artists and performers have the exclusive right to authorize:
radio broadcasting and communication to the public of their unfixed interpretations and performances, except where the latter have already been broadcast; and the fixation of their unfixed interpretations and performances.

Article 7 Reproduction rights
Artists and performers have the exclusive right to authorize the direct or indirect reproduction of their performances fixed in phonograms, in any manner or format.

Article 8 Distribution rights
Artists and performers have the exclusive right to allow the original and copies of their interpretations and performances fixed in phonograms to be made available to the public – through sale or other transfer of ownership.

Article 9 Rental rights
Artists and performers have the exclusive right to authorize commercial rental to the public of the original and copies of their interpretations and performances in phonograms, as defined by the national Contracting Parties legislation, even after they have been distributed by, or with the permission of, the Artists.

Article 10 Right to make fixed interpretations and performances available to the public
Artists and performers have the exclusive right to authorize their interpretations and performances fixed in phonograms to be made available to the public, by wire or wireless means, in other that members of the public may access them whenever and wherever they chose to do.


Accordingly :
Between: Mr/Mrs/Ms/Miss
Residing at
Hereafter referred to as “the Artist”or "the producer"

And: the GEMS association, the registered office of which is located at La nouan 79200 Le Tallud France,
Represented by Luc Michel Hannaux Internet programme Distributor,
Hereafter referred to as “the Distributor”

It has been agreed that

The Artist is the exclusive owner of the intellectual property rights to each performance detailed in the appendix of the current text, subject to mechanical reproduction rights, performance rights and public performance rights in conformity with articles L 122-7 paragraph 4 and L 131-3 of the Intellectual Property Code (CPI). The Artist and the Distributor have agreed to distribute audio copies of the Artist’s musical interpretations on the Internet, namely on the World Wide Web. Both parties recognise that the representation of the works on the Distributor’s web page, to be accessed by World Wide Web users, constitutes: An audiovisual communication act, as defined by the law of the 30th September 1986; an act of communicating performances to the public by making them readily available, so that members of the public may access them whenever and wherever they chose to do so, as defined by the clauses of article 8 of the WIPO Treaty on the rights of the Artist, adopted by the Diplomatic Conference in Geneva, 20th December 1996.

TERMINOLOGY: Both parties agree on the following definitions:
Internet: a worldwide data communications network that consists of an aggregation of local networks accessible to anyone in the world in possession of a computer and a telephone line via an Internet service provider, in accordance with TCP/IP computer protocols. Internet allows the public communication of audiovisual programmes, the exchange of digitised goods, including intellectual works, and the provision of services.
Data communications: refers to all computer services, whether computerised or of computerised origin, that can be provided through a telecommunications network (decree of 22nd December 1981 pertaining to information technology vocabulary).
Interactive: refers to a programme that supports goods or services, fixed in digital format itself or made available on a digital network. In the virtual context, the user is called upon to follow his/her own course of action, constantly directing the way in which the programme runs by providing instructions, directions, information or answers. Interactivity is the fundamental characteristic of multimedia products.
World Wide Web: the audiovisual and multimedia sector of the Internet, also referred to as “www” or “the Web.” It consists of programme Distributors’ web pages, that is to say digital or digitised material, which have been allocated a digital address.
Hypertext links: logical links on the screen, represented in the form of text or graphics within a multimedia programme, offering the user direct access to another part of the programme or another web page belonging to anybody in possession of an IP address.
Digitisation: refers to the codification of analogue signals, by means of which a work had been fixed and copied in the form of binary, electronic data, each unit of which is known as a “bit.”
Server: includes a computer and specific software containing information that may be consulted from a distance by other computers or by terminals.
Downloading: the transfer of digital files from a central server to a user’s computer on the digital network, generally at the user’s request.
Multimedia: refers to a computer programme, fixed onto a digital medium or made available on a digital network, which is interactive, supports goods or services, and combines textual, graphical, audio-musical and any other type of data.
IP: Internet Protocol. The communication protocol used on the Internet network. It offers a service for the transmission of groups of data.
Http: Hyper Text Transfer Protocol. The communication protocol deployed for data exchanges between Web users and servers.
TCP: Transmission Control Protocol. The transport protocol employed by the majority of Internet applications.
TCP/IP: the family of protocols used on Internet.
FTP: File Transfer Protocol. The protocol used for the transfer of files by Internet.
URL: Uniform Resource Locator. The syntax used on the Web to specify the location of a file or an Internet resource, and gain access to it.

THE OBJECT OF THE CONTRACT

Article 1 : Making fixed audio-musical performances available to the public on the Web
The latter is subject to, although does not affect, the Artist’s inalienable moral rights, reproduction and performance rights.
The Artist gives the Distributor the right to make the fixed audio-musical performances detailed in the appendix available to Web users by putting them on the Internet network for the duration stipulated below, in order that anyone may access them whenever and wherever he/she chooses to do so.
The use of these performances by Web users for public, professional, commercial, cultural, educational purposes, and for anything other than private use, is prohibited, without prior permission from the Artist.

Article 2 : Right to reproduce the performances onto a matrix at the server centre
The Artist gives the Distributor the right to copy, either in part or in their entirety, independently or together, the fixed, digitised data of the lyrics, score, sounds and representations of sounds that feature in the performances onto a broadcasting matrix at the server centre of the Distributor’s choice.

Article 3: Right to make temporary copies of the performances
The Artist gives the Distributor the right to copy the works available on his site onto the hard drive or any other hardware that will enable Web users to gain access to it, when they request access, for their private use, for the duration of their connection to the Distributor’s web site and for a strictly limited, technical period thereafter.

Article 4: Restrictions on the exploitation of reproduction rights
The Distributor is not authorised to communicate the performances to the public in an indirect manner, by offering fixed data in any material format. Indirect communication of the works to the public via Internet is defined as the Internet user’s storage of these works in any format after the technical copying process that is necessary whilst the user is connected to the service. The Distributor is not authorised to communicate the performances in any other sector of the Internet apart from the Web.

Article 5: Adaptation rights
The Distributor is authorised to adapt the Artist’s performances in order to integrate them into the audiovisual and multimedia environment of his site, to enable them to be broadcast on the Web and circulated on Internet.
The Distributor may place the performances in any textual, graphical or audio environment, integrate any hypertext link into this environment that he/she deems appropriate, and issue any warning, notably pertaining to his/her own property rights – tangible and intangible.
Subject to related rights and with the authorisation of their owners, the Distributor is authorised to adapt the fixed digitised sounds and sound representations featuring in the performances, to enable them to be broadcast and circulated on the Web, according to its protocols, for access by all Web users.
The Distributor is entitled to undertake any adaptation, arrangement, modification, and any other transformation necessitated by the technical development of Web communication, in order to improve the protection of performances, the faithfulness of their representation, and the service offered to the user.

Article 6 : Guarantee
1- The Artist guarantees the Distributor, against any disagreements, claims, and evictions of any kind, that he/she will allow the Distributor to exercise the rights that he/she is hereby given peaceably and exclusively. The Artist undertakes to ensure that these rights are enforced and defended against any possible infringements.
2- The Artist declares that his/her performance is entirely his/her own and does not resemble the work of a third party in any way that might infringe upon their rights. Moreover, the Artist declares that he/she has neither sold nor mortgaged the performance previously. If the need arises, he/she undertakes to compensate the Distributor for all complaints which are deemed to be justified, and for all expenses and damage payments which the Distributor may incur as a result of such complaints.
3- The Artist undertakes to provide the Distributor, upon request, with any jurisdiction and documents, and carry out any formality that the Distributor deems necessary, in order to be able to apply peaceably and exclusively the property rights that he/she has acquired, and ensure that they are enforced. Furthermore, where relevant, the Artist undertakes to oblige his/her heirs and legal successors to do the same.
4- Moreover, in support of his guarantee, the Artist gives the Distributor forthwith, as required by the current contract, general and irrevocable jurisdiction, intended to enable him/her to take action in all circumstances and upon any occasion in order to protect the property rights, of which he/she is now agent: negotiations, legal action and arbitrations in which the Distributor may deem participation useful, either initiated by him/herself or upon the request of a third party, to exercise the property rights, which is hereby given.

Article 7 : Authorisation
The Artist recognises that the Distributor may, as required, authorise proxies, representatives or agents of his/her choice to exercise any right, or part thereof, which has been given to him/her.

Article 8 : Payment
The Distributor undertakes to pay the Artist as payment for the transfer of his/her intangible property rights – these are exclusive and may be invoked against all others, except attributes of an intellectual or moral nature included in these rights, which the Artist grants the Distributor in accordance with the present contract:
1 - Royalties of … calculated as follows: On the basis of the Distributor’s net takings from his/her exploitation of the performance and all arrangements of this performance in any form, by the means detailed in the present contract. The Distributor may use his full intangible property rights, which are exclusive and may be invoked against all others, with no conditions or reservations, both now and in the future, in accordance with the transfer of the performance outlined in article 1 of the present contract.
2 - Royalties of … calculated as follows:
On the basis of the Distributor’s net takings from the sale or lease of licences, and from third parties’ communication of the performance to the public by direct or indirect means.
3 - Royalties of … calculated as follows:
On the basis net takings, received by or on behalf of the Distributor, from his/her sale of adaptations, and the sale of all forms of technical, cinema and/or television reproductions of the performance, or any of its arrangements, accompanying images in films to be screened to the public by any process, notably on television. It is, however, understood that the Distributor will not owe the royalties agreed in this paragraph for any aforementioned operations where the Artist will receive royalties from the Société des Auteurs. The net takings and profit specified in the present article will always be calculated after transport, handling, monitoring and distribution costs, commission and deductions, taxes and V.A.T.

Article 9: Accounts
Accounts will be settled annually on 31st December, except for the first settlement which will be made 6 months after the performance is made available on Internet.
1 - Payments will be made in the course of the quarter following these dates. The statements of the royalties due to the Artist will only indicate the number of copies actually sold. The Distributor is not required to provide statements that specify the number of copies manufactured in the execution of his work, the number distributed and the dates of distribution.
2 - The Artist must register any complaints regarding the detail of the accounts and the payments within one year of their dispatch, unless it is proven that the Artist has not received them.
3 - The payment of royalties and shares, calculated on the basis of income collected from a third party, employed to this end by the Distributor, will be made directly to the latter by the third party. The Artist formally acknowledges that, in this case, the Distributor is in no way accountable to him/her for the payment nor for the punctuality of payment.

Article 10: Moral rights - Warnings - Conditions
A written warning will be included in the Distributor’s website, preceding the distribution of the performances, where he/she deems it most appropriate to indicate the conditions of use, namely :
that the representation of the Artist’s work on Internet constitutes an audiovisual and multimedia adaptation that has been authorised by the Artist,
the minimum computer configuration required to receive the performance, and below which the work could be distorted,
that if the user wishes to represent the work in public for professional, commercial, cultural, or educational purposes, and for anything other than private use, he/she must obtain prior permission from the Artist.

Article 11 : Presentation – Mention
The Distributor will mention the title of any performances copied, the name of the Artist and, where pertinent, the copyright holder. In general, the Distributor will take all possible steps to respect moral and property rights, and ensure they are respected, where the performances are concerned.

Article 12 : The property of the Distributor
The Distributor remains the sole proprietor of the tangible and intangible rights to the audiovisual, multimedia and information technology environment in which the Artist’s performances are integrated and presented.

Article 13 : Delivery of the performances
The Artist will provide the Distributor with a reproduction of the works in digital format within eight days of the contract being signed.

Article 14 : Duration
The present contract is valid for one year from the date upon which it is signed. It will be renewed automatically for the same duration unless the parties formally terminate the contract, sending written notification by recorded delivery, a minimum of 40 days before the contract is due to be renewed. In case of rupture of this contract or of his non-renewal, the distributor will be able to continue the distribution of each musical sequences to épuisement of the foreseen period for his exploitation.

Article 15 : Arbitration clause
Any disagreement resulting from the present contract will be arbitrated in accordance with the arbitration regulations set out by the Centre de conciliation et d'arbitrage des techniques avancées (A.T.A), located at 103 rue La Boétie, 75008 Paris, Telephone number: 01.53.76.80.80. If the Artist accepts to go to arbitration via the intermediary of the A.T.A., he/she will relinquish the clauses of article 2061 of the Civil Code.

Article 16 : Applicable law
All elements of the present contract – main and secondary elements, and related sections – are subject to French law, in the pre-contractual stage of its elaboration, while it is in force and upon its expiry.

Article 17 : Addresses
The postal addresses of the registered office and home of the parties are mentioned at the top of this contract.
The contract is to be signed in duplicate. The contracting parties take sole responsibility and have signed after having read the contract.

Date :
Town/city :
Distributor : I have read the terms and conditions of the present contract and hereby accept them.
Signed :
Artist : I have read the terms and conditions of the present contract and hereby accept them.
Signed :