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Music Release License

Dear _____________________________________________ (“the licensor/you”)

Non-exclusive Licence to Broadcast Music Video

This letter when signed by both you and the Electronic Media Network Proprietary Limited (“M-Net/ the Licensee”) will constitute an agreement between us on the terms and conditions set out below.

1. Grant of non-exclusive rights

1.1. You own and/or control all rights in and to the music video/s described in Annexure “A” (“the music video’). You hereby grant to M-Net the following non-exclusive rights in respect of the music video:

1.1.1. to telecast, broadcast, simulcast, narrowcast or transmit the music video worldwide and in perpetuity in all manner and any media (including without limitation any network or transmission system) whether now known or hereinafter invented including but not limited to any terrestrial, satellite or cable systems, as part of the M-Net channel currently known as [MAISHA MAGIC MOVIES ]

1.1.2. to grant sub-licences to any third party (including without limitation M-Net’s affiliates) in respect of the rights granted in terms of this agreement which will include the right to syndicate the Channel in part or in the whole to any broadcaster throughout the world without obtaining your consent;

1.1.3.to cause or permit any performance in public of the music video; 1.1.4.to authorise the editing or other adaptation of the music video; 1.1.5.to use the music video for promotional purposes; and

1.1.6. to make mechanical reproductions of the music video for the purpose of broadcasting.

1.2. M-Net shall be entitled but not obliged to exercise the rights granted in clause 1.1 above. The broadcast of the music video shall be at the sole discretion of M-Net. Should M-Net reject a music video on the basis that any one or more of the technical requirements have not been satisfied, then the licence shall automatically ceases to apply to any such music video.

2. Your Obligations

  1. 2.1.  You will deliver to M-Net:

    2.1.1.A master copy of the music video on HD (1920x1080)/SD (720x576) format which shall be of a quality generally accepted in the South African broadcasting industry. M-Net may in its sole discretion reject the music video if the technical quality is of a standard unacceptable to M-Net.

    2.1.2.Press material containing photographs, biographies and any additional information available about the artist featured in the video, in order for M-Net to promote the artist on the Channel;

    2.1.3.Copies of documentation evidencing your rights to distribute and exploit the music video which shall include without limitation copies of agreements concluded with the composer of the music incorporated in the music video, the owner of the sound recording, the artist performing in the music video and the producers of the music video.

  2. 2.2.  You shall be liable for any damages to the music video which may occur before delivery. If any of the music video is found to be damaged on receipt, M-Net shall immediately notify you and you will supply to M-Net a duplicate music video at no additional cost to M-Net.

  3. 2.3.  You will be responsible for all payments due to third parties who participated in the production of the music video including any salaries, fees, royalties or commissions due to artists, performers, directors or producers in respect of the creation and exploitation of the music video. It is specifically recorded that M-Net shall bear no liability in this regard.

3. Consideration

  1. 3.1.  You agree that no consideration will be paid by M-Net for the rights granted in terms of this agreement.

  2. 3.2.  In addition, M-Net shall not be required to pay any royalties which may be associated with the use of the sound recording featured in the music video or with the broadcast or copying of the music video.

4. Warranties

4.1. You warrant that:

  1. 4.1.1.  You own and/or control all rights in and to the music video and are entitled to grant to M-Net the rights set out in this agreement

  2. 4.1.2.  The music video and the music and sound recording associated with it, does not infringe the copyright or any other rights of any third party.

5. Indemnity

You hereby indemnify and hold M-Net harmless against all claims and costs including, without limitation, legal fees, damages and expenses arising directly or indirectly out of any breach of any warranty, representation or undertaking given by you to M-Net in terms of this agreement.

6. General

  1. 6.1.  This agreement contains the complete understating between the parties and no agreement varying, adding to, deleting from or cancelling the terms of this agreement or waiving any rights or obligations in terms of this agreement shall be effective unless reduces to writing and signing by both parties.

  2. 6.2.  This agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.

Please sign this letter and the attached duplicate in order to confirm that you understand and accept the terms set out above. Kindly return the signed duplicate to M-Net without delay.

Your sincerely ___________________________________

Signed and accepted at _____________________ on___of (year) _________________________________
who warrants that s/he is duly authorised to sign

Song title: ___________________________________

Performing Artist: ____________________________

Annexure “A”

Record Company:

Country of Origin:

Contact detail: E- mail:

________________________________________

________________________________________

_______________________________________