On one hand, Mr. / Ms. Patrick de Arteaga, located in Ireland, Cork City, 3 Woburn Place, Lower Glanmire Road, WA48631, and identified with DNI Español: 45729644D.
And, secondly, Mr. / Ms. Ida Roman Concha, located in EspañaSpain, Las Rosas – Arona, Calle Imada 14, Puerta 61, Las Rosas, Arona, Santa Cruz de Tenerife, España, 38631, and identified with 873ue7y3-s.
Acting as, the first on its own behalf and Law, hereinafter and for the purposes of this contract, THE ASSIGNOR, and the second on its own behalf and Law, hereinafter and for the purposes of this contract, THE ASSIGNEE.
Both parties declare and acknowledge each other with legal capacity under its domestic law and with sufficient power and authority to the date, to celebrate, compromise and comply with this contract, under the following RECITALS
A) that the Assignor is the exclusive owner of copyright and exploitation rights of the work A contract for use items of my music, hereinafter “Work”.
B) the Assignee is interested in the exploitation of that Work by herself or through third party systems, for which is interested on the transfer of the rights referenced in this contract and in accordance with the following CLAUSES
First .- Purpose and scope
The purpose of this agreement is the assignment without exclusivity, by the Assignor in favor of the Assignee of the rights of reproduction and public communication of the Work, for the geographic scope of all countries in the world.
For the purposes of this contract “public communication” means any act by which a plurality of persons can have access to the work without prior distribution of copies to each of them. They are acts of public communication, without limitation, those of theatrical exhibition or professional studies, transmission by broadcasting or by any other means serving for the wireless dissemination of signs, sounds or images (including the terrestrial surface wave communication ), communication to the public by satellite, the transmission by wire, cable, fiber optics or any other similar proceedings, retransmission by cable or broadcasting and broadcast or transmission in a place accessible to the public by any appropriate device. Specifically, both parties agree that is an act of public communication, and therefore, included in the rights assigned, the exploitation of works over the Internet or other network with similar characteristics, among other ways, through webcasting, simulcasting and streaming techniques, regardless of the number of users who can access those networks; and, specifically, that the right transferred includes the so-called right of making available, as defined in WCT Treaty, signed in Geneva on December 20, 1996.
As a result of the foregoing, the Assignee shall be entitled to store, reproduce internally and transmit the Work, through any signal or device, platform, website or online service to manage, if that does not involve the delivery of a copy in a physical or electronic form of it to the ultimate consignee, the Assignee shall establish by any technical means a geographical limitation to the area agreed in this contract.
Also, the Assignor authorizes the Assignee, to fix the Work, meaning by this the fact of incorporate the works to any medium, tangible or intangible, including recording or logical record of the works on a computer or media digital or analog storage to fulfill the same functions, with the sole purpose of providing further public communication.
Second .- Limitations
This assignment is not limited to the number of copies of the work.
Third .- Obligations of the Assignor
The Assignor undertakes to provide, by itself or through third parties, the original copy of the Work or a copy thereof through Safe Creative’s platform.
Also, the Assignor grants that is the original owner with a full and exclusive disposal of the rights of the Work assigned or that in any case, has the authorizations and powers necessary and sufficient for the granting of this contract, without the necessity of any third party intervention, and it is not subject to commitments or encumbrances of any kind that infringe the rights conveyed by this contract, the Assignee can peacefully enjoy and exploit the rights granted under the terms agreed.
The Assignor agrees to indemnify and hold harmless the Assignee from any claims of third parties in or out of court or administrative proceedings arising from the breach of the Law or of any third party right, taking responsibility for the damages the Assignee may suffer in connection with actions, claims or disputes arising from breach of these obligations by the Assignor.
The Assignor consents and expressly authorizes the Assignee to make shape or technical changes of the Work (without changing the content on the substance of it) that may be necessary for: a) adapting the Work to the forms of exploitation or use referred to in the first clause b) carry out the technological process of transmission and the public disposal of it through computer networks.
Fourth .- Obligations the Assignee
The Assignee agrees to carry out the public communication of the work in accordance with the terms and conditions agreed upon, as well as satisfy the Assignor with the monies established on the next clause.
Also, the Assignee may prepare such advertising and promotional materials that it deems appropriate to achieve the best promotion of the Work, ensuring at all times proper image of the Work and the Assignor.
The Assignee agrees to include the name of the Assignor prominently in all acts of exploitation of the Work, in its promotional activities or dissemination or, in general, in every reference to it, and make the appropriate indication of reserved rights for the Assignee in accordance with international standards and practices.
Fifth .- Price
For all of the rights granted by this contract, is imposed a cost of $40.00 USD, subject to taxes and other expenses that may apply in accordance with applicable law.
In the event of total or partial non-payment of the abovementioned amount by the Assignee, he will be in debt, bearing interest at the equivalent of the legal interest of the money plus two points. The Assignee is entitled to require the relevant invoice in accordance with applicable law.
Sixth .- Rights Management
This contract allows self-management of works of intellectual property by the Assignor, without the intervention of management companies. According to the above, the Assignor declares that neither he nor his representatives have signed agreements through management entities that affect the Work referred to in this contract, and in this sense any amount will not be retained or paid to any Copyright Collectives for the management of the indicated exploitation rights.
Excluded from the above, the mandatory collective management rights in his case correspond to the Copyright Collectives.
Seventh .- Term
This contract shall take effect from the date of its acceptance by both parties, establishing a term of 1 year subject to the limitations set forth in the second clause of this contract.
Eighth .- Applicable law and jurisdiction
This contract, in particular as not expressly provided for therein shall be construed and governed by the laws of Spain. Any questions may arise regarding the interpretation and enforcement of this contract, which can not be settled by mutual agreement, the parties, expressly waiving their own jurisdiction, are also subject expressly to the competent courts of Barcelona.
And in witness thereof, both parties sign this contract in duplicate copies with sole effect, in Cork City on 11/10/2018.