Terms of Agreement-CCLI Rehearse License

Posted by & filed under REHEARSAL LICENSE, THE GLOSSARY.

Here are the Terms and Conditions for the CCLI Rehearse License, covering the rights and restrictions for license holders. Acceptance of these Terms and Conditions is required before a license can be issued.

1. The Licensed Rights
1.1 Definitions

1.1.1 Digital Streaming – The non-exclusive right for a Church’s music director/administrator or Church authorized personnel to digitally transmit Songs contained on Recordings by means of Streaming, free of charge, from Approved Websites, to Church Recipients for the sole purpose of learning Songs for use in a Church Service.

1.1.2 Digital Downloading – The non-exclusive right for a Church music director/administrator or Church authorized personnel to reproduce and distribute digital copies of Songs contained on Recordings by means of a Download, free of charge, from Approved Websites or via email, to Church Recipients for the sole purpose of learning Songs for use in a Church Service. Such digital copies shall be treated as temporary audio reference copies and shall not be for personal use.

1.1.3 Physical Copying – The non-exclusive right for a Church music director/administrator to reproduce and distribute physical copies of Songs contained on Recordings, free of charge, to Church Recipients for the sole purpose of learning Songs for use in a Church Service. Such physical copies shall be treated as temporary audio reference copies and shall not be for personal use.

1.2 Clarification of the Licensed Rights

1.2.1 Approved Website is either:

1.2.1.1 – a single proprietary website which the Church considers to be its primary, home website, i.e. it is used by the Church for the purpose of communicating to Church members, or

1.2.1.2 – a worship planner website (as that term is customarily understood within the church community) which allows use of its worship planning tools by Churches who have a Rehearse License granting the Church the rights set forth herein.

1.2.2 Church is the church or other organization that conducts worship or related services and executes a Rehearse License.

1.2.3 Church Recipient – the only intended recipients of Songs/Recordings hereunder are the members of the Church choir, the Church worship leader/director, and the Church worship vocalists and band members (“Church Recipients”).

1.2.4 Church Service is any Church service at a place of worship or other religious assembly under the authority of the Church (as such is commonly understood in the church community) where Church members participate in congregational musical worship.

1.2.5 Copy – each individual Church Recipient who is provided a single Song/Recording by way of a Stream, Download, or physical copy (as set forth in the Licensed Rights above) shall be deemed to have received a single “Copy”. By way of example, when a Recording is posted by a Church on an Approved Website to be Streamed to six (6) worship team musicians (i.e. Church Recipients), that particular activity will constitute six (6) Copies of that particular Recording.

1.2.6 Download is the digital distribution of a Recording/Song (such as an mp3 file) in such a manner that the audio aspect of the Recording/Song results in the creation of a fixed copy of the Recording/Song and so that the Recording/Song can be captured, saved, or stored on a personal computer or portable device (i.e. a wireless phone, iPod or similar digital audio/video player, palm pilot or similar handheld computing device, etc).

1.2.7 Recording is any sound-recording of a Song that is authorized by the Recording Owner for Streaming, Downloading or Physical Copying under the Rehearse License.

1.2.8 Song is any underlying musical composition (words and/or music) that is authorized by the Song Owner to be Streamed, Downloaded or Physically Copied under the Rehearse License and that is contained in a Recording.

1.2.9 Stream is the digital transmission of a Recording/Song in such a manner that: a) the audio aspect of the Recording/Song is rendered simultaneously with its transmission; and b) such transmission does not result in the creation of a residual or fixed copy of the Recording/Song so transmitted and so that the Recording/Song so transmitted is not able to be captured, saved, copied, stored or otherwise reproduced, distributed or retransmitted in any manner by any means whatsoever.

2. The Reserved Rights

Any and all other rights not expressly granted to the Church in this Rehearse License are reserved in their entirety to the Owner(s) of the Song and/or the Recording. Without limitation, a Church cannot charge a fee for Streaming, Downloading, or Physical Copying of Songs and Recordings hereunder. This License does not grant the Church the right to record their own version of a Song for distribution to Church Recipients.

3. License Fees

3.1 The License Fee shall be payable annually.

3.2 The renewal of the License Fee shall be due and payable prior to the expiration of the Rehearse License.

3.3 The failure to pay the License Fee will result in the cancellation and revocation of all rights herein granted.

3.4 CCLI shall have the right to increase the License Fee in subsequent years upon written notice at renewal.

4. Termination

4.1 Church shall have the right to terminate this license at any time. Said termination shall be effective 30 days after receipt by CCLI of written notice of termination. In the event Church requests termination prior to the third month of coverage, CCLI shall refund the License Fee less a 25% handling charge. Thereafter, the refund shall be the prorated unused portion of the License Fee less a 25% handling charge.

4.2 CCLI shall have the right to terminate this license for any of the following reasons:

Failure by Church to pay the License Fee in which case termination shall be automatic and shall occur on the expiration date.

Non-compliance with the terms and conditions of this Rehearse License, in which case said termination shall be effective 30 days after receipt by Church of written notice of termination.

5. Other

5.1 This License cannot be assigned or transferred by Church without CCLI’s approval.

5.2 It shall be the duty of Church to report all copy activity covered by the Rehearse License on the Rehearse License reporting website, according to the guidelines established therein.

 


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