Common use of ROYALTIES PAYABLE Clause in Contracts

ROYALTIES PAYABLE. 11.1 Save as otherwise provided herein, the Producer shall pay to the Society or (where the Society so directs) to the Society’s member in relation to each Disc which reproduces one or more Musical Work(s) in the Society’s repertoire a royalty of 8.5% of the Published Dealer Price applicable to the relevant Disc on the day of the Shipment of the Disc from the Warehouse. 11.2 Where the Producer has not published a Published Dealer Price in relation to the relevant Disc, but the Producer has published a fixed or suggested retail price in relation thereto, the royalty shall be calculated at a rate of 6.5% of the fixed or suggested retail price applicable to the relevant Disc on the day of Shipment of the Disc from the Warehouse. 11.3 If the Producer is unable to show at the time the royalty is due that there was in force on the Shipment date a Published Dealer Price or fixed or suggested retail price (as the case may be) applicable to such Disc, the royalty shall be fixed by the Society on the basis of the price most generally used by other record producers in the United Kingdom for a comparable type of Disc. 11.4 This clause applies to sales to record clubs. No royalty shall accrue in relation to a Disc which is supplied by the Producer to a record club if the royalty will be paid by the record club pursuant to an agreement between the Society or any Associated Society and that record club provided that where the record club is not paying the royalties due there under the relevant Society is entitled on written notice to require that the Producer cease to supply such Discs until such royalties have been paid. 11.5 Where Discs are supplied by the Producer direct to HM Forces such sales shall be deemed to have been made in the United Kingdom.

ROYALTIES PAYABLE. 11.1 7.1 Save as otherwise provided herein, the Producer shall pay to the Society or (where the Society so directs) to the Society’s member in relation to each Disc which reproduces one or more Musical Work(s) Product, the royalties set out in this clause. Subject to sub- clauses 7.3, 7.4 and 7.5, the Society’s repertoire a appropriate royalty of 8.5% of shall be applied to the Published Dealer Price applicable to the relevant Disc Product on the day of the Shipment of the Disc Product from the Warehouse. 11.2 7.2 The royalty rate shall be 8.5% of Published Dealer Price multiplied by the MCPS Claim. 7.3 Where the Producer has not published a Published Dealer Price in relation to the relevant DiscProduct, but the Producer has published a fixed or suggested retail price Retail Price in relation thereto, the royalty shall be calculated at a rate of 6.5% of the fixed or suggested retail price Retail Price of the Product multiplied by the sum of the MCPS Claim applicable to the relevant Disc on the day of Shipment of the Disc Product from the Warehouse. 11.3 7.4 When a Product is sold as part of a Bundle the royalty rate shall be applied to the Published Dealer Price for such Bundle unless varied by the Society subsequent to good faith discussions with the Producer. 7.5 If the Producer is unable to show at the time the royalty is due that there was in force on the Shipment date a Published Dealer Price or fixed or suggested retail price Retail Price (as the case may be) applicable to such Disca Product, the royalty shall be fixed by the Society on the basis of the price most generally used by other record producers in the United Kingdom for a comparable type of DiscProduct. 11.4 This clause applies 7.6 The royalty referred to sales to record clubs. No royalty shall accrue in clauses 7.2 and 7.3 is inclusive of the synchronisation fee in relation to the Repertoire Works appearing on the Product. 7.7 Where a Disc which Product is supplied by to VHS clubs or DVD clubs (which supply falls outside this Agreement pursuant to clause 3.1) or in any circumstances in which a third party is responsible for paying royalties, the Producer to a record club if the royalty will be paid by the record club pursuant to an agreement between the Society or any Associated Society and that record club provided that where the record club is not paying the royalties due there under the relevant Society is entitled on written notice to require that the Producer shall cease to supply such Discs Product when it is notified in writing by the Society (or any Associated Society) that the club and/or third party has not paid the relevant royalty and shall not resume supply until the Society (or Associated Society) confirms that such royalties have royalty has been paid. 11.5 7.8 Where Discs are Product is supplied by the Producer direct to HM Forces such sales shall be deemed to have been made in the United Kingdom. 7.9 The royalty referred to in this clause 7 accrues on the day of Shipment.

ROYALTIES PAYABLE. 11.1 Save as otherwise provided herein, the Producer shall pay to the Society Licensor or (where the Society Licensor so directs) to the Society’s member in relation to each Disc which reproduces one or more Musical Work(s) in the Society’s repertoire a royalty of eight and a half percent (8.5% %) of the Published Dealer Price applicable to the relevant Disc on the day of the Shipment of the Disc from the Warehouse. 11.2 Where the Producer has not published a Published Dealer Price in relation to the relevant Disc, but the Producer has published a fixed or suggested retail price in relation thereto, the royalty shall be calculated at a rate of six and a half percent (6.5% %) of the fixed or suggested retail price applicable to the relevant Disc on the day of Shipment of the Disc from the Warehouse. 11.3 If the Producer is unable to show at the time the royalty is due that there was in force on the Shipment date a Published Dealer Price or fixed or suggested retail price (as the case may be) applicable to such Disc, the royalty shall be fixed by the Society Licensor on the basis of the price most generally used by other record producers in the United Kingdom Ireland for a comparable type of Disc. 11.4 This clause applies to sales to record clubs. No royalty shall accrue in relation to a Disc which is supplied by the Producer to a record club if the royalty will be paid by the record club pursuant to an agreement between the Licensor or the Society or any Associated Society and that record club provided that where the record club is not paying the royalties due there under the relevant Society is entitled on written notice to require that the Producer cease to supply such Discs until such royalties have been paid. 11.5 Where Discs are supplied by the Producer direct to HM Forces such sales shall be deemed to have been made in the United Kingdom.