Loading...
2019/03/15 American Society of Composers, Authors and Publishers Live Entertainment and Mechanical Music LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES Ir"Wi =i between American Society of Composers,Authors and Publishers("SOCIETY"), located at 2 Music Square �West,Nashville,TN 37203 and City of Menifee,CA ("LICENSEE"),located at 29714 Haun Rd Sun City CA 92586 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"and"Functions,"and not elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the"ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment"or"Mechanical Music". For purposes of this Agreement, (i) "LICENSEE"shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (ii) "Mechanical Music"means music which is performed at the Premises by means other than by live musicians who are performing at the Premises,including,but not limited to(A)compact disc,audio record or audio tape players (but not including"jukeboxes"),(B)videotape,videodisc or DVD players;(C)the reception and communication at the premises of radio or television transmissions which originate outside the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or other performers. (iv) "Premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and recreational facilities, including,but not limited to,community centers,parks,swimming pools,and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies,including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shall include,but are not limited to,aerobics and exercise classes,athletic events, dances and other social events,concerts,festivals,arts and crafts fairs,and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events"means musical events,concerts,shows,pageants,sporting events, festivals,competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event exceeds$25,000(as defined in paragraph 4.(d)below). (b) This Agreement shall be for an initial term of one year,commencing March 15,2019,which shall be considered the effective date of this Agreement,and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty(30)days prior to the end of the initial or any renewal term. If such notice is given,the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement,nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire,Internet,website or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;and(ii)performances by means of background music(such as Muzak)or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing,videoconferencing or similar technology. (c) This license is limited to non-dramatic 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 representation 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 performances: (i) at any convention,exposition,trade show,conference,congress,industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE,is presented entirely on LICENSEE'S Premises,and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player(jukebox)for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein,LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee"and any applicable"Special Events License Fees",all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee"means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S.Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees"mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality,county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal,county or other local government entities. Unless otherwise limited by law,LICENSEE shall pay a finance charge of 1.5%per month from the due date, or the maximum amount permitted by law,whichever is less,on any required payment that it is not made within thirty days of its due date. 4. Reports and Payments (a) Upon the execution of this Agreement,LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S.Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event,LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement,LICENSEE shall indicate the name, address,phone number and ASCAP account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP,LICENSEE shall pay the license fee due hereunder,notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP,where available,copies of all programs of musical works performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d)above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S.Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP 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 has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination,ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with,or substantial increase in the cost of,ASCAP's operations as the result of any law in the state,territory,dependency,possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination,ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP,which are required by local,state or federal law for other municipalities,counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race,creed,color,sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail,by generally recognized same-day or overnight delivery service or by electronic transmission(i.e.,Mailgram,facsimile or similar transmission)to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address,change of person/office responsible,etc.within 30 days of such change. AMERICAN SOCIETY OF COMPOSERS, LICENSEE Ci�y a M ifee,CA AUTHORS AND PUBLISHERS By CITY MANAGER TITLE (`.ITY OE M�CGLC By (Fill incapacity in which signed: (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.) ascapWE CREATE MUSIC LOCAL GOVERNMENT ENTITIES 2019 Rate Schedule SCHEDULE A: Base License Fee Population Size Base License Fee 1 to 50,000 $357.00 50,001 to 75,000 $712.00 75,001 to 100,000 $856.00 100,001 to 125,000 $1,141.00 125,001 to 150,000 $1,426.00 150,001 to 200,000 $1,854.00 200,001 to 250,000 $2,280.00 250,001 to 300,000 $2,710.00 300,001 to 350,000 $3,137.00 350,001 to 400,000 $3,566.00 400,001 to 450,000 $3,990.00 450,001 to 500,000 $4,421.00 500,001 and over *"`$5,417.00 $5,417.00 plus$500 for each 100,000 of population above 500,000 to a maximum fee of$71,285.00 SCHEDULE B: Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds$25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C: Itate Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be$357.00. License Fee for Year 2020 and Thereafter For each calendar year commencing 2020, all dollar figures set forth in Schedules A, B and C above (except for$500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index -All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP Toll Free: 1-800-605-4052 Fax: 615-691-7795 Epayment Websites: http://www.ascap.com/mylicense or http://www.ascap.com asrca WE CREATE MUSIC LOCAL GOVERNMENT ENTITIES 2019 Report Form Account Number: Premise Name: City of Menifee, CA SCHEDULE A: Base License Fee (Due upon execution of Agreement and within 30 days of the Agreement's Renewal Date.) Population Size: I Base License Fee: $1 1 1 1 1 1 m (Per current U.S. Census Data) (Please refer to Rate Schedule) SCHEDULE B: Special Events* (Report and Payment due 90 days after the conclusion of each Special Event) Event Date Performer(s) Gross %Appiles Event Fee Is A Program 1f The Event Is Cosponsored (mm/ddlyyyy) Or Group(s) Revenue". To Gross of Musical (Please Identify The Co•sponsor's Name;Address; of More than 1 Appearing Of Event Revenue Works Phone Number and ASCAP Account Number) Event Per Day, (Must Exceed Attached?: Please Report As $25,000) (Yeslk Separate Entries) Name: x .01 $ O Yes Address: O No Phone No. Account Number.- Name: x .01 $ O Yes Address. O No Phone No. Account Number: Name: x .01 $ O Yes Addre s: O No Phone No.: Account Number: `Special Events" means musical events,concerts,shows, pageants,sporting events,festivals, competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event exceeds$25,000. *""Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event SCHEDULE C: State Munici al and/or Couaty Leagues or State Associations of Attorneys Report Year: Annual License Fee: $357.00 (Due within 30 days of Renewal Date.) Total Fees Reported From Any or All of Schedules A, B or C: I Im Contact Person&Title Phone Number: ®- =-= Ext: Fax Number: ®-®- Email: Website: I certify the above information is true and correct. Dated. m m f Signature: ASCAP Toll Free: 1-800-505-4052 Fax:615-691-7795 Epayment Websites: http://www.ascap.com/mylicense or http:ihvww.ascap.com asca WE CREATE MUSIC INVOICE City of Menifee,CA March 19,2019 29714 Haun Rd Sun City,CA 92586 Re: City of Menifee,CA 29714 Haun Rd Sun City,CA 92586 Billing Period: March 15,2019 Thru March 14,2020 Annual Rate: $856.00 Amount Due: $856.00 TO PAY VIA CREDIT CARD,DEBIT CARD,OR E CHECK,PLEASE CONTACT Michele McKinney at (888)852-1432 PLEASE MAIL YOUR CHECK TO: ASCAP,PO Box 331608,Nashville,TN 37203-7515 Payment Amount: $ *Check No: *Please note: "When you provide a check as payment,you authorize ASCAP to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.When we use information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we receive your payment,and you will not receive your check back from your financial institution.However the transaction will appear on your bank statement. If we cannot post the transaction electronically,we may present a copy of your check for payment" ASCAP License fees are due and payable in advance. Retain bottom portion for your records. City of Menifee,CA 29714 Haun Rd Sun City,CA 92586 Billing Period: March 15,2019 Thru March 14,2020 Annual Rate: $856.00 Amount Due: $856.00 r-SCAP LOCAL GOVERNMEN!i Fr"kC i SHEL Benefit of License: 1 Comorehensive Agreement- 1 annual fee & single report ! - Covers almost any municipal activity - Removes potential liability - Automatically covers additional uses without extra feeslreports** - Cheap— cost less than individual rates * *Monitoring or Tracking only of events with gross revenue in excess of$25,000.00 What's Covered: 1.) All Government Owned Buildinas & Prooerty Examples: - Background Music in Municipal Buildings -Airports - Music On Hold in Municipal Buildings - Museums - Employee Functions, parties - Ice & Roller Rinks - City Buses & Trains - Skate parks Libraries - Zoos &Aquariums - Swimming Pools (Water Aerobics) - Hospitals - Municipal.owned shops - Carousels - Senior Center Dances &.Classes - Public Parks - Golf & Tennis Center Snack Bars - Community/Recreation Center Activities (Dances, classes) - Arena & Convention-Centers (when not "rented out" to others) 2.) Also covers events sponsored by Or Dresented solely by rnunicioality: Examples: - Arts & Crafts Fairs - Parades - Festivals - Concerts - First Night/New Year's Celebrations - Carnivals - Amateur Athletic Leagues - City Sponsored Conventions Non-exempt elementary & secondary school performances Restrictions/Not Covered: Examples- - Coin-Operated Jukeboxes Performances by or at Colleges & Universities Performances at any professional sports event/came Theme &Amusement Parks - Community or Symphony Orchestras Conventions presented by outside entities Broadcast radio or TV, Cable, Satellite or internet (except closed circuit) n ASCAP License is ju st . . .. ou �v t] THE ASCAP LICENSE AGREEMENT FOR LOCAL GOVERNMENTS Developed with the International Municipal Lawyers Association A COMPREHENSIVE SOLUTION TO MUSIC PERFORMANCE LICENSING ASCAP � r H 1 ell f r Gonce s •`Art I s a f t R k,'and'N e ea\\r:s C o o -s i#' ivalsa ■ Swim t ;Poo Gommunit Gen. e Dan a erobic «. ?Sb vt and s Gen a s �= Snack Bars- ■ Paiks S,Redr.eation Facile Ie ■ us on mold ■lBackground Music in Municipal dIn E o ee Function, and Aue a I y a e _ +Shops ■ Hospitals Non-Exe Sc 'I Per o aces City Hns#ed Conventions ■ Empla raining Sessions go 1 ev 4 Icet'Ping Rinks �, Roll In Linea .y r S e P s iteu t e ' Lea ues and Evens �- 9 s s, Trams a s h s • Carnivals ■ airports Museums ,! Laser Show ■ ariums ■#Zoos 5 u A Local Government Needs A License to Play Music m Copyright Law Some Copy g a Basics. The Constitution authorizes Congress to Promote the Progress of Science and the Useful Arts" by granting exclusive rights 1 to authors. This insures that creators can earn a living from their work and pro- vides incentive for the creation of more works. The Copyright Law of the United States, Title 17 USC, establishes property rights in musical works and grants cre- ators and owners of copyrighted musical works the exclusive right to perform or authorize the performance of their works publicly (17 U.S.C. 106(4)). This means that, generally, other parties cannot publicly perform or authorize others to per- form copyrighted works without the permission of the copyright owner. Also, as the case with other property rights, the owner has the right to be paid for the use of his property. What is a public performance? The Copyright Law defines a public perform- ance as one"in a place open to the public or at any place where a substantial num- ber of persons outside of a normal circle of a family and its social acquaintances is gathered." Performances transmitted or otherwise communicated by means of any device or process (for example via broadcast, telephone wire, or other means) to the public are also public performances (17 U.S.C. 101).The law requires users to obtain authorization not only for performances by live musicians, but also for per- formances by mechanical means including videotapes, CD's, tapes, music on hold, karaoke,jukeboxes and radio and TV reception. What Happens If You Play Copyrighted Music Without Permission? If you choose to use someone's musical property without permission, the law pro- vides that a court can assess damages from a minimum of $750 for each work infringed, require you to pay the copyright owners' attorney's fees and court costs, and enter an injunction against you. 4 Why Are You Responsible for Obtaining a License? Under the law, own- ers or operators of facilities or presenters of concerts and other events are respon- sible for performances on their premises.Technically, everyone who participates in an infringing performance is liable and copyright owners can sue the event prsen- ter or owner of an establishment as well as the members of the band or the disc jockey who actually gave the unauthorized performance. In practice, the owners and presenters obtain licenses as a cost of doing business. SCAP and the International Municipal Lawyers Association How do you obtain a license? It is impossible for copyright owners to know of every conceiv- able use or performance of their works, and it would also be difficult for users of music to locate all the copyright owners and negotiate licenses for all of the works that might be used. So, com- posers and publishers of musical works authorize collective licensing organizations like ASCAP to locate and license public performances of their works.ASCAP, the American Society of Composers, Authors and Publishers, makes giving and obtaining permission to perform music simple, providing a valuable service to businesses and creators alike. ASCAP is the largest performing rights organi- zation in the world, made up entirely of composers, songwriters and publishers. Why Should You Obtain the ASCAP License Agreement for Local Governments? Local governments have obtained many different licenses from ASCAP for decades, but IMLA and ASCAP found the current licensing system was burdensome and left local governments vulnerable. Under the old system, each potential use of music (and you can see from this brochure there are many!) needed to be identified and separately licensed. One local government might have many different licenses each with different reporting and payment requirements, fee structures, levels and types of coverage, and effective dates. And there may be significant gaps in coverage raising the potential for copyright infringement liability. What Are the Benefits of the Agreement? The ASCAP License Agreement for Municipalities and Governmental Entities — the product of negotiation between IMLA and ASCAP — provides sim- ple, fast, comprehensive and affordable access to every variety of music you need to attract, enter- tain, enlighten and educate your citizens and visitors. • Access to, and the right to perform, any or all of the more than 8 million works of the more than 110,000 ASCAP composer, lyricist, songwriter and publisher members and the repertories of nearly 60 affiliated societies worldwide. • Immediate access to contemporary music as soon as it is written or published...At no additional cost! r • Saves the time, expense, paperwork and trouble of contacting and negotiating separate permission for each musical work that may be performed during the year. • Helps prevent even inadvertent infringements on the rights of ASCAP members and foreign affiliates. e ASCAP Li cense A9 reen ent What Is Covered? The license agreement covers almost all non-dramatic performances you present both on government property and at functions and events at other locations.These include live per- formances, recorded performances(CDs,tapes, radio and television over loudspeakers), and music on hold (ASCAP's licenses with radio stations do not cover your music on hold transmissions). Does the License Cover All Uses of Music By Our Government?The license provides broad cover- age for just about any public performance. But copyright owners enjoy a number of separate rights, including performing rights, recording rights and the right to reproduce (print) and distribute copies of their works,so rental or purchase of music does not authorize its public performance.Also,ASCAP members only grant ASCAP the right to license non-dramatic public performances of copyrighted music in the ASCAP repertory, so "dramatic" or"grand rights" performances are not covered. As it did with IMLA, ASCAP has negotiated comprehensive licenses with representatives of other industries. Those licenses should cover your performances in those areas — so to avoid duplicative coverage, the Local Government license excludes those performances. For example, ASCAP and the American Council On Education and the National Association of College Et University Business Officers negotiated a model agreement which almost all U.S. colleges Et universities have obtained. Similarly, radio and television broadcasts, cable, satellite and Internet transmissions are also sepa- rately licensed (although some of your closed circuit or intranet transmissions are covered by the new license). Finally, performances at theme and amusement parks, by professional sports teams or at professional sports events, and by symphony orchestras, are licensed separately. When and How Are Fees Paid? A base annual fee based on population covers almost all govern- ment sponsored or presented performances. In addition, a separate Special Event fee is paid 90 days after major events that have very high ticket revenue. ASCAP and IMLA agreed on this dual fee to keep the base license fee low and reasonable for all government entities. Only those local govern- ments that present major events pay additional fees for those events. How does the Special Event fee work? You pay license fees, based on "gross revenue" for all"spe- cial events" you present. Special events are those with "gross revenue" in excess of$25,000. "Gross revenue" means all monies you receive or is received on your behalf from the sale of tickets for each special event. If there are no monies from the sale of tickets,"gross revenue" means k. contributions from sponsors or other payments received. You are not required to keep track of the music performed at each special event, but you should send copies of any available programs.The program information you furnish helps us properly pay royalties to the com- posers and publishers whose works you have presented. i l�I ■ Where Do the License Fees Go? Over 84 cents of each dollar we collect goes right back to our members and to the members of affiliated foreign societies whose works are represented by ASCAP in the U.S. Who Reports and Pays For Co-Promoted Special Events? If you present, sponsor or promote a special event with someone who is licensed under an ASCAP License Agreement,you will still need to report that event and provide the name, address, phone number and ASCAP account number of the other party. You must also let us know who will be responsible for payment. If the other pre- senter is not licensed by ASCAP, then you will be responsible for paying the license fee due - even if you have an agreement to the contrary with the other party. Must You sign an ASCAP local government license agreement? No, but you must obtain author- ization to perform our members' music. You can also obtain permission directly from the copyright owner. But ASCAP provides a valuable service to governments, businesses and organizations that use copyrighted music—by helping you easily meet your obligations under the Copyright Law. In short, the ASCAP license is music to everyone's ears. Are Changes to the Model License Agreement Permitted? The provisions of ASCAP's license agreements are uniform and do not vary for licensees making similar use of ASCAP's members' music. The reason for this is that ASCAP's licensing activities are largely governed by a consent decree entered in a federal antitrust action, United States V. ASCAP, and one provision of that decree prohibits ASCAP from "[e]ntering into, recognizing, enforcing or claiming any rights under any license . . . which discriminates in license fee, or other terms and conditions between licensees similarly situated . . ." Simply put, modification of the license agreement may well expose ASCAP to a claim of discrimi- nation asserted by other licensees with whom we have executed the same form of license agree- ment. However, we recognize the special legal requirements of municipalities and other govern- mental entities, therefore, the agreement permits modifications such as the inclusion of equal employment opportunity statements and other provisions that are required by local or state law. What If You Believe ASCAP's Fees Are Unreasonable? Any music user who thinks the fee for an ASCAP license is unreasonable may ask the U.S. District Court for the Southern District of New York to determine a reasonable fee by instituting a proceeding in that court. For more information on this process, your attorney should contact ASCAP's Legal Department in New York. I SCAP represents1 of music. 1 1 ''s repertory inclu1 folk,pop, rock, alternative, country, R&B, rap, hip-hop, Latin, film music, television II blues, jazz, 11 , gospel, I II . age, 1 dance, I symphonic, . Ichoral, band, concert, 1 , I 1 1spectrum. ASCAP home to the greatest . American past and present, as well as thousands of writers in the earlier stagesof their careers. ASCAP members include1 Berlin, Stevie Wonder, Bruce Springsteen, Leonard Madonna, Wynton1 11 Dr. 1 Badu, MichaelDuke Ellington, Rodgers and Hammerstein, , Brooks, Tito ' Dixie Chicks, Dave Matthews, 1Child, Mancini — just to name a few. Among I ASCAP repertory are: "Appalachian Spring," "Purple e ".1 Gat 1 Kick Out of You," 1 I Mountain1Enoughl" "How Do Live,W6Oh Happy1 , i Bills, i i Night "Moon ' 1 1 ! Wop 1 "Just the Way You 1Shot the "Hello Dolly," Doves 1 Rock," Chattahoochle," "Like I Rockin, and i t 1 Information about specific works and ASCAP members can be obtained in a variety of ways. Separate data bases of works in the ASCAP repertory that have been registered with ASCAP since January 1, 1991, or identified in ASCAP's surveys of performed works since January 1,1978, are available online at the ASCAP Web site, www.ascap.com (click on "ACE Database of Musical Titles"). The ACE Database can also be used to determine whether a particular songwriter or composer is a member of ASCAP. More comprehensive records of the titles, dates of U.S. Copyright registration (if any), writers and current publishers or other copyright owners of all known works in the ASCAP repertory are available for public inspection at ASCAP's offices in New York City during regular business hours. You can also call or write ASCAP for information as to specific works: (800) 450-4223 or ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA (Attn: Bonnie King). Founded in 1935, the International Municipal Lawyers Association (IMLA) is a nonprofit organi- zation consisting of over 1,400 local governments and their attorneys throughout the United States and around the world. For more information on IMLA and the ASCAP Local Government License Agreement, please visit our website at: www.imia.org. ASCAP 2690 Cumberland Parkway, Suite 490, Atlanta, Georgia 30339 (800) 505-4052 phone • (770) 805-3475 fax • www.ascap.com IMLA 1110 Vermont Avenue NW, Suite 200, Washington, DC 20005 (202) 466-5424 phone • (202) 785-0152 fax • email: info@imla.org asca WE CREATE MUSIC DISCLOSURE STATEMENT This is notice that, in compliance with Sec. 21751 of the California Business and Professions Code: (1)The performing rights license agreement you have been offered by the American Society of Composers, Authors and Publishers (ASCAP)contains a schedule of the rates and terms of royalties under that contract; and (2)ASCAP makes available electronically to proprietors the most current available list of ASCAP members and the most current available list of performed works that ASCAP licenses. You may obtain gratis the most current available list of ASCAP's members -- in either printed form or on diskette -- by written request to ASCAP, PO Box 331608-7515,Nashville, TN 37203-9998,Attention: John Johnson. Information about ASCAP's members and the musical works in the ASCAP repertory can be obtained in a variety of ways. Separate databases of works that have been registered with ASCAP since January 1, 1991, or identified in ASCAP's surveys of performed works since January 1, 1978, are available online at the ASCAP Web Site, www.ascap.com (access the "ACE Database of Musical Titles" to determine whether particular songwriters or specific songs are in the ASCAP repertory). Data similar to that contained in the ACE Database is also available on DVD-ROM and is available free of charge by written request to ASCAP, 250 West 57th Street; New York,NY 10107, attn: Director of Repertory. More comprehensive records of the titles, dates of U.S. Copyright registration (if any), writers and current publishers or other copyright owners of all known works in the ASCAP repertory are available for public inspection at ASCAP's New York office during regular business hours. A printed current list of ASCAP members can be obtained gratis by written request to ASCAP, PO Box 331608-7515,Nashville, TN 37203-9998, attn: John Johnson. A computer-generated listing of copyrighted musical works in the ASCAP repertory may also be obtained by written request addressed to Mr. Johnson at a cost of$2200.00 plus shipping and handling(the listing is over 10,000 pages in length). You can also call or write to us for information as to specific works: (888) 663-0828.; or, at our New York address, attn: Repertory Dept. -- Clearance Section.