Common use of Digital Copies Clause in Contracts

Digital Copies. 6.1 If the Term Sheet sets out that the Licensee may exercise the right to distribute Digital Copies of the Licensed Product, the following additional terms shall apply: (a) The Licensee may make Digital Copies of the Licensed Product available to the public and permit end users to print copies of the Licensed Product for their private use only. (b) The resolution of the reproduction of any Work in any Digital Copy must not exceed 1024 x 768 pixels for resolution at 128 dots per inch for definition, unless agreed in writing by DACS upon approval of the relevant Artist. (c) The Licensee shall, at its own cost, implement the DRM such that the Licensee uses its best endeavours to ensure that: (i) the Work is used within the scope of the rights granted to the Licensee; and (ii) save for temporary copies automatically made by User Devices, or as permitted by law, Users are not able to copy the Work, save that Users may print copies of the Licensed Product for their private use only; (iii) Users are not able to communicate the Work to the public, or in any way exploit the Work other than as expressly allowed by this Agreement. (iv) Users are not able to remove, bypass, circumvent, neutralise, or modify any of the DRM. 6.2 The Licensee shall ensure that all copies of the Work are kept secure and in an encrypted form, and shall use the best available practices and systems applicable to the use of the Work to enforce the restrictions of this Agreement. 6.3 The Licensee shall ensure that the terms and conditions of use of any website where the Licensed Product is available to Download shall include: (a) a requirement to comply with all applicable laws in respect of the Users’ use of the website; (b) prohibition of any reproduction or communication of the Licensed Product and / or the Work to the public that violates applicable law or the rights of third parties; (c) a reservation of all intellectual property rights and other rights in the Licensed Product; and (d) a provision that the end user is authorised to use the Licensed Product only for personal, non- commercial use, and not for redistribution, transfer, assignment or sub-licence. 6.4 If the Term Sheet does not expressly set out that the Licensee may exploit Digital Copies, then this Licence only includes the right to create and distribute Hard Copies of the Licensed Product.