ASCAP Clause Samples
The ASCAP clause establishes the requirement for compliance with the licensing and royalty obligations set by the American Society of Composers, Authors and Publishers (ASCAP) when copyrighted music is used in connection with the agreement. In practice, this means that any party using music covered by ASCAP must ensure that the appropriate licenses are obtained and that all necessary fees or royalties are paid to ASCAP. This clause is essential for ensuring that the use of copyrighted music is legal and that the rights of composers and publishers are respected, thereby preventing potential copyright infringement disputes.
ASCAP. This license does not extend to or include the public performance of any rendition or performance of any opera, operetta, musical comedy, play, or like production as such, in whole or in part. Except as expressly herein otherwise provided, nothing herein contained shall be construed as authorizing LICENSEE to grant to others any right to reproduce or perform by any means, method or process whatsoever, any of the musical compositions licensed hereunder, or as authorizing "Subscribers of LICENSEE" to perform or reproduce compositions licensed hereunder by any method or process whatsoever except the reproduction of such compositions by means of equipment at the premises of such "Subscribers of LICENSEE" designated in the agreement between each such respective Subscriber and LICENSEE. The term "Background/Foreground Music Service" as used in this agreement shall mean: (1) the transmission to the premises of "Subscribers of LICENSEE" of renditions of musical compositions (whether vocal or instrumental); or (2) the furnishing of the means to make such renditions in the premises of "Subscribers of LICENSEE", or by transmissions to persons outside of the premises by means of a music-on-hold telephone system operated by the Subscriber at its premises, provided such renditions are limited to those made by the mechanical reproduction of music by equipment made available by LICENSEE to its Subscribers only, and not by equipment otherwise available to the general public. The term "Subscribers of LICENSEE", as used in this agreement, shall mean all persons, firms and corporations subscribing to the said Background/Foreground Music Service. Any person, firm or corporation which is furnished with a Background/Foreground Music Service by a third party, but which is billed for such service only by LICENSEE, or which is billed for such service by a third party authorized to perform such billing by LICENSEE for the benefit of LICENSEE, shall be deemed to be a Subscriber of LICENSEE, provided that LICENSEE shall cause such third party to furnish SOCIETY upon entering into this Agreement and on or before each succeeding January 1, April 1, July 1 and October 1 during the term hereof, a list of all Subscribers billed in such manner. Such lists shall specify the name of each such Subscriber and the total number of Subscribers of LICENSEE so billed.
ASCAP. ASCAP" shall have the meaning set forth in Section 3.09(j).
ASCAP. THC has entered into a license agreement with the American Society of Composers, Authors and Publishers (“ASCAP”), pursuant to which ASCAP has agreed to provide THC with a license upon the terms set forth therein for the public performance by THC of certain licensed musical sound records or published musical works.