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Home My WebLink About95-1024 ASCAP pis- »a4 ASCAP November 8, 1995 MEMORANDUM TO: Blythe Rainey-Cuyler, Hemmens Event Manager FROM: Michael R. Gehrman, Assistant Corporation Counsel SUBJECT: ASCAP License Agreement Attached find a copy of the executed ASCAP License Agreement along with reporting forms . I have provided the City Clerk with the original contract copy. Please let me know if you have any questions or require anything further regarding ASCAP. MRG mg Attachments cc : Loni Mecum (w/attach. ) OCT 2 01995 Iq -I LI ft3-� ` S CONCERTS AND RECITALS— BLANKET LICENSE AGREEMENT Agreement between AMERICAN SOCIETY OF COMPOSERS. AUTHORS AND PUBLISHERS ("SOCIETY"), located at and CITY OF ELGIN, ILLINOIS, A MUNICIPAL CORPORATION ("LICENSEE"), located at 150 DEXTER COURT ELGIN, IL 60120 as follows: CONTACT NAME: BLYTHE RAINEY-CUYLER CULTURAL CENTER MANAGER 1. Grant and Term of License (a) SOCIETY grants and LICENSEE accepts for a term of One year commencing NOVEMBER 1, 1995 , and continuing thereafter for additional terms of one year each unless terminated by either party as hereinafter provided, a license to perform publicly at concerts or recitals in the United States presented by or under the auspices of LICENSEE, and not elsewhere, nondramatic renditions of the separate musical compositions now or hereafter during the term hereof in the repertory of SOCIETY, and of which SOCIETY shall have the right to license such performing rights. (b) This agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, but no assignment shall relieve the parties hereto of their respective obligations hereunder as to performances rendered, acts done and obligations incurred prior to the effective date of the assignment. (c) Either party may, on or before thirty days prior to the end of the initial term or any renewal term, give notice of termination to the other. If such notice is given the agreement shall terminate on the last day of such initial or renewal term. 2. Limitations on License (a) This license is not assignable or transferable by operation of law, devolution or otherwise, except as provided in Paragraph "1(b)" hereof, and is strictly limited to the LICENSEE and to the premises where each concert or recital is presented. (b) This license does not authorize the broadcasting or telecasting or transmission by wire or other- wise, of renditions of musical compositions in SOCIETY'S repertory to persons outside of the premises where each concert or recital shall be presented. (c) This license is limited to nondramatic 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; (ii) performance of one or more musical compositions from a "dramatico-musical work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representa- tion 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-musical 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, revue, or ballet. (d) This license does not authorize the performance of any special orchestral arrangements or transcriptions of any musical composition in the repertory of SOCIETY, unless such arrangements or transcriptions have been copyrighted by members of SOCIETY or foreign societies which have granted SOCIETY the right to license such performances. (e) SOCIETY reserves the right at any time to restrict the first American performance of any composition in its repertory and further 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 SOCIETY'S repertory, or on a claim that SOCIETY does not have the right to license tho performing rights in such composition. 3. Notice of Concerts or Recitals LICENSEE agrees to give SOCIETY written notice of each concert or recital it will present, on forms supplied free of charge by SOCIETY, at least thirty days in advance of such presentation. Such notification shall include the date, name of attraction(s) appearing, name,location and seating capacity of the premises, and highest price of admission (exclusive of tax) for each concert or recital. 4. License Fees (a) In consideration of the license granted herein, LICENSEE agrees to pay SOCIETY the applicable license fee for each concert or recital presented based on SOCIETY'S current rate schedule, a copy of which is annexed hereto and made a part hereof, payable thirty days in advance of each concert or recital presented. (b) LICENSEE agrees to furnish to SOCIETY, where available, at the same time payment of license fees is made pursuant to Paragraph "4(a)" of this agreement, a program containing a list of all musical works, including encores, performed by LICENSEE in each of its concerts and recitals. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, SOCIETY 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 h2s not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from SOCIETY. In the event of such termination, SOCIETY shall refund to LICENSEE any unearned license fees paid in advance. 6. Interference in Society's Operations In the event of: (a) any major interference with the operations of SOCIETY in the state, territory, dependency, possession or political subdivision in which LICENSEE is located, by reason of any law of such state, territory, dependency, possession or political subdivision; or (b) any substantial increase in the cost to the SOCIETY of operating in such state, territory, dependency, possession or political subdivision, by reason of any law of such state, territory, dependency, possession or political.subdivision, which is applicable to the licensing of performing rights, SOCIETY shall have the right to terminate this agreement forthwith by written notice. r I BLANKET CONCERT AND RECITAL LICENSE RATE SCHEDULE TICKET PRICE $0.00 $3.01 $6.01 $9.01 $12.01 $15.01 $18.01 $21.01 $25.01 SEATING to to to to to to to to to over CAPACITY* $3.00 $6.00 $9.00 $12.00 $15.00 $18.00 $21.00 $25.00 $30.00 $30.00 0 - 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 3M 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 DISCOUNTS: 1. Twenty-Five or more Concerts or Recitals: A discount of 20% may be deducted from the above fees for payment for each concert or recital in excess of twenty-five performed by LICENSEE during a contract year. 2. Advance Payment for One Hundred or more Concerts or Recitals: A discount of 5% may be deducted from the above fees for payment in advance by LICENSEE to SOCIETY for one hundred or more separate concerts or recitals. *Where a concert or recital occurs at a location whose total seating capacity has been altered to accomodate a particular performance, the term "seating capacity" shall mean the total number of seats made available for that particular performance. • ' S M 10/90(C) 7. Notices All notices required or permitted hereunder shall be given in writing by certified United States mail sent to either party at the address stated above. Each party agrees to inform the other of any change of address. IN WITNESS WHEREOF, this agreement has been duly executed by SOCIETY and LICENSEE this o21.1 day of Ocob , IF15. AMERICAN SOCIETY OF COMPOSERS, CITY OF ELGIN, an Illinois municipal AUTHORS AND PUBLISHERS .. corporation LICENSEE BY e BY Richard B. Helwig -cif, City Manager c�O °`f1 TITLE V(P4P (Fill in capacity in which signed: CCO' (a) If corporation, state corporate office held; (b) If partnership, write word "partner" under signature of signing partner; (c) If individual owner, write "individual owner" under signature.) • •