Subject to the terms and date of the Mechanical Licensing Agreement between CMRRA and Manufacturer (“Mechanical Licensing Agreement”), and incorporating the terms of the said Agreement.
- Grant of License: At the request of Licensee and in its capacity as agent for the Publisher, CMRRA hereby grants to Licensee a non-exclusive license to reproduce the Musical Work de-scribed above on the Recording described above and to distribute and sell such Recording in the Territory set out above for private use by the public, subject to the terms and conditions which follow.
- Arrangement or Alteration of Musical Work: Licensee may arrange the Musical Work for the limited purpose and to the limited extent necessary to conform it to the style or manner of interpretation of the Artist/Group involved, subject to section 2(e) of the Mechanical Licensing Agreement. Licensee may not claim any ownership or other interest in, or register, any arrangement permitted under this paragraph as a work under the Copyright Act,S., 1985, c. C-42.
- Label and Jacket Information: Licensee shall use best efforts to imprint the Title of the Musical Work followed by the name(s) of the Composer/Author and Copyright Owner/Administrator on the label, jacket or container of every Recording made under this License where the production of the printed matter associated with a Recording is beyond its control and where the printed matter associated with a Recording is within the Licensees control it will imprint the Title of the Musical Work followed by the name(s) of the composer/Author and Copyright Owner/Administrator on the label, jacket or container of every recording made under this License.
- Limitations on Use: All reproduction or other use of the Musical Work not specifically authorized by this License, or by the written consent of CMRRA is prohibited.
- Termination: This license shall terminate automatically upon Licensee’s insolvency, assignment in bankruptcy, the appointment of a receiver or the breach of any of the provisions of paragraph 2(e) of the Mechanical Licensing Agreement or paragraphs 2 or 7.1 hereof. Licensee shall notify Licensor forthwith of such insolvency, assignment or appointment.
- Execution: This License shall grant no rights to Licensee and shall be of no effect whatsoever unless signed and dated by Licensee and returned to CMRRA.
- Additional Terms:
7.1 This license is personal to the Licensee only and the rights and obligations under it may not be assigned or transferred without Licensor’s prior consent in writing.
7.2 Any waiver by Licensor of any term of this license, or any right or interest arising therefrom, shall only be effective if in writing signed by Licensor; any waiver shall not imply any waiver of any other term, right or interest waived; no waiver of a breach of this license shall be deemed to be a waiver of any preceding, continuing or succeeding breach hereof.
7.3 This license may not be modified, amended or altered except by written agreement signed by the parties hereto.
7.4 Licensor represents only the Copyright Owner/Administrator has advised Licensor that Copyright Owner/Administrator owns and/or controls the mechanical recording rights in the Musical Work identified above and that Licensor has been authorized by Copyright Owner/Administrator to grant this license. Licensor makes no other expressed or implied representation or warranty.
7.5 Licensor reserves all rights not expressly granted under this license. Any use of the Musical Work and any manufacture, distribution or sale of the Recording outside the terms of this license shall be actionable as acts of copyright infringement in the Musical Work.
7.6 This license shall grant no rights to Licensee and shall be of no effect whatsoever unless signed and dated by Licensee and returned to Licensor within 15 days from the Date of Issue of this license.