HomeMy WebLinkAbout01-1101 ASCAP ill=/(Uo3 4t0 11-4 4/ t$
1V•HJ. ' HILJ-INIH
raLC w.aVu u4O V1 V0 Fllr, ^^ rw
i
..
... „.,
- Asck-v .
. - w1&- r
. CONCERTS AND RECITALS - BLANKET LICENSE AGREEMENT • re
(BOON)
` ' '1 •" '••`• ' between American Society ofCom• • ty posers,Authors and Publishers unincorporated. in
•
("ASCAP"),located at the State of Georgia
. 2690 Cumberland Parkway,Suite 490 . . .
Atlanta,GA 30339-3913 . ' .
. and CITY OF ELGIN IL/A MUNICIPAL i CORP,Hernmens Theatre ' ' • . ..
("LICCNSEF"),located at, 150 DEXTER COURT,ELGIN,IL. 60120
as follows: ' • ..
I. • Grant and Term of License
(a) ' ASCAP grants and LICENSEE accepts a license to perform publicly or cause to be performed publicly at - .
concerts or recitals("concerts")in the United States presented by or under the auspices of LICENSEE,and not . .
elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the"ASCAP'repertory." • -
For purposes of this Agreement"ASCAP repertory"means all copyrighted musical compositions written or •
. . - ' published by ASCAP members or members of affiliated foreign performing rights societies,including compositions-
: . written or published prior to or during the term of this Agreement and of which ASCAP`has the-right to license non-:
- dramatic public performances.• .
,t
• : . . (b) • This license shall be for an initial term commencing j 1/01/20o I,and ending December 31-of the sante •.
. calendar year,and shall continue thereafter for additional terms of one year each unless either party terminates it by
giving the other•party notice at least 30 days before the end of the initial or any renewal term. If such notice is
given,the license shall terminate on December 31 of the year in which notice is given. . - •
•
2. Limitations on.License •
•
. - (a) • This license is'not assignable or transferable by.operation of law Or otherwise;except upon the express -
..•written consent of the parties,but no assignment shall relieve the parties of their respective obligations as to - -
performances rendered,acts done and obligations incurred prior to the effective date of the.assignment.- .
. - (b) This license is strictly limited to the LICENSEE and.to the premises where each concert is presented,and - - .
does not authorize any other perforrances other than those given et the premises as part of licensed concerts. This - . - . _ .
license shall not cover concerts for which the information required under paragraph-3.of this Agreement has not
- .. . been provided. -
- • (c) This license does not authorize the broadcasting or telecasting or transmission by wire, internet. - .
- . - • webcasting,on-line service or otherwise,of renditions of musical compositions in ASC,cr s repertory to persons ' • -
outside of the premises where each concert shall be presented
- (d). This license is limited to non-dramatic performances,and does not authorize any_dramatic performances. _
. For purposes of this agreement,a dramatic performance shall include;but not be limited-to,the following:
•
•
(i) - performance of a"dramatico-musical work"(as hereinafter defined)in its entirety; - ' - •
I
L 4 i w.w-+ v��LV v 1 VJ•.xs 1 L•t't.K+r� H l ld'9 v l n 1-run•r r votl.7J�F r:.7 rriuc .7i 6. -
-
•
•
•
- • (ii) performance of one or more musical compositions from a"dramatico-musical work"(as hereinafter
.defined)accompanied by dialogue..pantominte,dance,stage action,or visual representation of the-
work from which the music is taken;
(iii) performance of one or more musical compositions as part of a story or plot,whether accompanied or
unaccompanied by dialogue,pantomime,dance,stage action,or visual representation;
(iv) performance of a concert version of a"dramatico-musicai,work"(as hereinafter defined).
The term dramatico-musical work as used in this agreement,shall include,but not be limited to,a musical comedy, •
-
. . opera,play with music,revile,or ballet.
•
(e) • This license does not authorize the performance Many spacial orchestral arrangements or transcriptions of
. any musical composition in the ASCAP repertory,unless such arrangements or transcriptions have been copyrighted
by members of ASCAP or foreign societies which have granted ASCAP_the right to license such performances.
ASCAP reserves the right at any time to restrict the first_American performance of any composition in its repertory.•
(f) ASCAP reserves the right at any time to withdraw from its repertory and from operation of this license,any
. musical work:as to which any suit has been brought or threatened on a claim that such composition infringes a • .
composition not contained in ASCAP's repertory,or on a claim that ASCAP does not have the right to license the
performing rights in such composition. •
. (g) This license does not authorize any performance by means of a.coin-operated phonorecord player(jukebox)
-, for which a license is otherwise available front the Jukeboz.License Office:
•
•
- (h) This license is limited to the.United States,its territories and possessions and the Commonwealth of Puerto.
• . Rico:
•
- 3. License Fees,Reports and Payments - •
(a)• - In consideration of the license granted herein,LICENSEE agrees to pay ASCAP the applicable license fee
- for each concert presented based on the Rate Schedule,attached to and made a part of this Agreement. • . •
. - -- (b) • Fifteen days after the end of each calendar quarter of this Agreement,LICENSEE shall.submit to ASCAP.
•
a report in printed or computer readable form stating whether concerts were presented during the previous quarter. .
r For each concert presented during the previous quarter,the report shall state:
(I) the date presented;..
• . (II) the name of the attraetion(s)appearing; •
•
(iii)-the name,location and seating capacity of the venue where the concert was presented(Where the total -
seating capacity of a location has been altered to accommodate a particular performance,the term
• "Seating Capacity"shall mean the total number of seats made available for that particular •
• performance and shalt be so indicated on the report.); •
•
•
•
•
•
•
•
•
•
•
•
•
•
• •
olL.G rV. L? V+�'GV VI Vt •JI hh).HJI.I-R' H1LHNIH rH� [rVZSLIJ34/a h'F-0.at 0/ 25
• (iv) the"Gross Revenue"of the event("Gross Revenue"means all monies received by LICENSEE or on
LICENSEE'S behalf from the sale of tickets for each concert. Gross revenue shall not include per ticket -
entertainment,amusement,or sales taxes,commissions or fees paid to automated ticket distributors,such as
"Ticke4naswer,"per-ticket theatre restoration or other facility fees,or parking fees when included in the
ticket price.) Licensed Members may deduct from°Gross Revenue"the portion of the ticket price donated
by the performing artist to a specific charity,provided that the deduction may not exceed$5.00. The
Licensed Members shall fltrnish ASCAP with a copy of the artist agreement setting forth the exact amount
of the charitable donation per ticket sold;(v) if the concert is a°Benefit Event,"the name and address of the
organization for which the benefit is conducted. "Benefit Event"means a concert which is not exempt from
copyright liability under Section 110(4)of the United States Copyright Law,and which is held to raise "
money for specific,bona fide charitable institution or'cause,not affiliated in anyway with LICENSER,to
which all the proceeds from the concert,after deducting the reasonable caste of producing the concert,are
donated. LICENSEE,upon ASCAP's request;shall provide documentation of expenses and proof of
payment to the institution or cause: the license fee due for each concert;and the total license fees due for
the previous quarter.
•
(c) License fees shall be payable at the time the quarterly report is submitted. The minimum annual fee shall
• be payable within thirty days of invoicing by ASCAP. •
(d) If LICENSEE presents,sponsors or promotes a concert with another person or entity licensed under
ASCAP's Concert& Recital License Agreement,LICENSEE'S quarterly report shall indicate the name,address,
phone number and ASCAP account number of the other person(s)or entity(ies)and the party responsible for
payment. If the other party is not licensed by ASCAP under an ASCAP Concert&Recital or Symphony Orchestra
License Agreement,LICENSEE shall pay the license fee due hereunder,notwithstanding any agreement to the
contrary between LICENSEE and the other party.
(e) If LICENSEE falls to submit a report or payment in a timely manner,ASCAP may calculate the fees due
from data provided by concert industry publications such as PoUstar or based upon fees payable in prior years.
(f) LICENSEE shall furnish to ASCAP,where available,at the same time payment of license fees'is made a
- program containing a list of all musical works,including encores,performed in each of LICENSEE'S concerts.
- (g) . LICENSEE shall pay a finance charge of 1.5%per month from the date due,on any required payment or
report that is not made or submitted within thirty days of its due date. LICENSEE shall pity ASCAP a S25 service
• charge for each unpaid check,draft or other form of instrument submitted by LICENSEE to ASCAP.
•
4. Breach or Default ,
Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP may terminate this •
license by giving LICENSEE thirty days notice to cure such breach or default,and in the event that such breach or
default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day •
period without further notice from ASCAP. In the event of such termination,ASCAP shall refund to LICENSEE
any unearned license fees paid in advance.
5. Right To Verify Reports
(a) Upon thirty days-written notice to LICENSEE,ASCAP shall have the right,by its duly authorized
representatives,at any time during customary business hours,.to examine the books and records of account and
- program information of LICENSEE only to such extent as may be necessary to verify any and all reports rendered
and accountings made by LICENSEE to ASCAP. ASCAP shall consider all data and information coming to its
attention as the result of any such examination as completely and entirely confidential.
.....w� ..� �.1 tea. v.f-w au•n_'..ra n,...rn. n i rv,• rw,i,.h�•frJ t'-F'ft.� f'/ 0 .
•
(b) The period for which ASCAP may audit pursuant to this Agreement shall be limited to three calendar years
•
preceding the year in which the audit is made;provided,however,that if an audit is postponed at C.ICENSEE's
request,ASCAP shall have the right to audit for the period commencing with the third calendar year preceding the '
year in which notification of intention to audit was first given by ASCAP to LICENSEE. This three-year limitation -
shall not apply if LICENSEE fails or refuses after written notice from ASCAP to produce the books and records
necessary to verify any Mort or statement of accounting required pursuant to this Agreement. Should the three-
year audit period extend into a previous license agreement.nothing herein shall restrict ASCAP's right to audit for
the full three calendar years preceding the year in which notification was given.
(c) If any such examination shows LICENSEE to have underpaid the license fees due ASCAP by 5%or more,
LICENSEE shall pay a finance charge on the license fees shown due of 1 S%per month from the dates)the license-
fees should have been paid pursuant to this Agreement. .
(d) If any such examination shows LICENSEE to have underpaid the license fees due ASCAP by less than 5%,
LICENSEE shall pay a finance charge on the license fees shown due of 13%par month from the date
ASCAP demands payment of such amount.
6: Additional Termination Provisions . . . .
(a) ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major
interference with,or substantial increase in the cost of ASCAP's operations as the result of any law in the state,
territory.dependency,possession or political subdivision in which LICENSEE is located or in which LICENSEE .
presents concerts which is applicable to the licensing of performing rights. In the event of such termination,ASCAP
shall refund to LICENSEE any unearned license fees paid in advance.
(b) Notwithstanding.the provisions of Paragraph 1.(b)above,ASCAP shall have the right to terminate this
Agreement at any time upon thirty days written notice provided that ASCAP terminates all Blanket Concert and
Recital Licenses at the same time.
7. Notices
ASCAP or LICENSEE may give any notice required by this agreement by sending it by United States Mail,
generally recognized same-day or overnight delivery service,or by transmitting the notice electronically to the other
patty's last known facsimile number'ore-mail(or similar electronic transmission)address. Each party agrees to •
notify the other of any change of address.
.k;t iVV. 'J4 J4'cv vl w-J7 i1J-HJl.-C- HIU-1vIli rHA•rruovo.S4ro .7t d/ 2'f_
•
8. Applicable Law
The meaning of the provisions of this Agreement shall be governed by and construed in accordance with the laws of
the State oft ,without regard to its conflict of laws principles.
inois
IN WITNESS WHEREOF,this Agreement has been duly executed by ASCAP and LICENSEE,
this 14i^ day of I CIy , 20
AMERICAN SOCIETY OF COMPOSERS, • • ��yc
AUTHORS AND PUBLISHERS rtstr'
By Joyce A. Parker
By
MU City Manager, Elgin, Illinois
(rat in capacity in which signed:
(a) If corporation.sum corporate office held: (b) If
parinaShip.write word"partner"under signature of
soling partner. (c)If individual owner.write"individual
owner'undersignatun.)
ASCAP
ASCAP BLANKET CONCERT AND RECITAL
2001 RATE SCHEDULE
Rates through June 30, 2001
TICKET PRICE
Seating Up $3.01 $6.01 $9.01 $12.01 $15.01 $18.01 $21.01 $25.01
Capacity* to to to to to to to to to Over
$3.00 $6.00 $9.00 $12.00 $15.00 $18.00 $2L00 $25.00 $30.00 $30.00
Up to 250 7 14 23 35 47 60 75 90 105 125
251 - 500 11 18 27 39 52 65 80 95 110 130
501 -. 750 15 22 31 44 57 70 85 100 115 135
751 - 1,000 19 26 36 51 66 80 97 115 130 155
1,001 - 1,500 24 33 44 60 75 90 110 130 150 175
1,501 - 2,000 29 41 53 _70 85. 100 125 150 175 205
2,001 - 3,000 35 47 59 77 92 112 137 165 190 225
3,001 - 4,000 41 53 65 85 100 125 150 180 210 250
4,001 - 5,500 53 65 _ 80 100 125 150 180 210 240 280
5,501 - 7,500 65 80 100 125 150 180 210 240 270 310
7,501 - 10,000 80 100 125 150 180 210 240 270 300 340
10,001 - 15,000 100 125 150 180 210 240 270 300 330 370
15,001 -20,000 125 150 180 210 .240 270 300 330 360 400
20,001 -25,000 150 180 210 240 270 300 330 360 390 440
25,001 -30,000 180 210 240 270 300 330 360 400 440 490
30,001 -40,000 210 240 270 300 330 360 410 . : 450 490 540
40,001 -50,000 250 280 310 340 370 410 .450 500 540 590
50,001 -60,000 290 320 350 380 410 450 .500 550 590 650
Over 60,000 .350 380 410 440 470 510 550 600 650 725
*Where a concert or recital occurs at a location whose total seating capacity has been altered to
accommodate a particular performance,the term"Seating Capacity"shall mean the total number cf
seats made available for that particular performance.
•
•
Page 1 of 2
iS sll 1.l'/9A JI C. I V1 1V:JO t 'P.JL' JI J 11L�j11 l..L t]A
•
or
ASCAP
ASCAP BLANKET CONCERT AND RECITAL
2001 RATE SCHEDULE
Rates for the period July 1, 2001 -December 31, 2001
Schedule L
Seating Capacity Percentage Applied to
Gross Ticket Revenue
0 2,500 0.80%
2,501 5,000 0.40%
5,001 10,000 0.25%
10,001 25,000 0.20%
over 25,000 0.10%
Schedule IL Free and Benefit Events
Seating Capacity
Low High Fee per Event
0 5,500 $ 10.00
5,501 10,000 $ 35.00
10,001 . 20,000 $ 75.00
20,001 60,000 $ 125.00
over 60,000 $ 250.00
"Benefit Event" means a concert which is not exempt from copyright liability under Section
110(4) of the United States Copyright Law, and which is held to raise money.for a specific,
bona fide, charitable institution or cause not affiliated in any way with LICENSEE, to which
all the proceeds from the concert, after deducting the reasonable costs of producing the
concert, are donated.
Minimum Annual Fee. The minimum annual fee payable hereunder shall be $175.
Annual Liaise Fee for Year 2002 and Thereafter
The annual license rate under Schedule II. and the minimum annual fee for each calendar year
commencing 2002 shall be the license fee for the preceding calendar year,adjusted in
accordance with the increase in the Consumer Price Index-All Urban Consumers (CPI-U)
between the preceding October and the next preceding October, rounded to the nearest $1.00.
P 2 90 timberland Parkway ulte 490 tlanta G 30339-3913 1.800 505.4052 770.805.3475
(Fax)
Page 2 of 2