DISPOSAL AGREEMENT

AUDIOVISUAL ADAPTATION RIGHT

AND SYNCHRONIZATION

 

Between

 

SWISS MEDIA PRODUCTIONS

represented by Thibaut Falgairette,

member of the following management company: SACEM - COAD N °: 361883

hereinafter referred to as "the Composer" or “Copyright Owner”, on the one hand,

 

and

 

THE BUYER

“the Buyer”, on the other hand.

 

 

 

 

 

Being previously stated that the audiovisual adaptation of a musical work must be the transposition of the music into images, with or without words, and not the simple fact of placing the music, with or without words, on images. When music is used to illustrate images, it is the so-called right in professional uses of "synchronization", distinct from the right of audiovisual adaptation, that must apply.

 

In the event of audiovisual adaptation or "synchronization", the producer may not use this assignment to authorize the adaptation or synchronization without submitting, on a case-by-case basis, the project to the composer. This provision expresses the right granted on a non-exclusive basis by the composer, who remains holder of the right to adapt himself or to authorize a third party to adapt the musical work(s) purchased by the buyer, and remains also the holder of the inalienable right to control the implementation of adaptation and to oppose it if necessary.

 

 

IT IS AGREED AS FOLLOWS :

 

 

Article I

 

This contract is made, as necessary, within the framework of article L.131-3 of the french Code of intellectual property (“Code de la propriété intellectuelle” CPI).

 

 

Article II

 

The composer transfers to the buyer, under the conditions provided for in Article IV below, the right of audiovisual adaptation or/and synchronization of the musical work purchased. This musical work is disposed on a non-exclusive basis since it may be the subject of a new adaptation or synchronization within the framework of another film, series, documentary, video game, podcast or any other media if the request is made to the composer and if he consents to it.

This transfer is granted for an unlimited period, which may not however exceed the duration of the protection granted to authors, to all their successors, heirs and beneficiaries by legislative or regulatory provisions and judicial or arbitral decisions as well as by international Conventions and for the following countries or territories: Worldwide.

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The use and exploitation of the musical work(s) purchased is limited exclusively to the Project mentioned by the buyer in the purchase form under the "Title of the Project on which the music will be synchronized" ticking box at checkout.

The composer may consent to extend this limitation to other projects of the buyer. In order to request such an extension of limitation, please contact the composer at the address  info@swissmediaproductions.com . Buyer requires composer's express written consent to benefit from such extension of limitation of use and exploitation.

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Article III

 

For the purpose of the buyer’s Project, the Copyright Owner shall receive a flat fee, the amount of which will be shown on Buyer's invoice.

 

 

Article IV

 

The producer undertakes to inform the composer of any audiovisual adaptation authorization request submitted to him and undertakes, before granting any authorization to a producer, to seek the composer's written agreement on the adaptation envisaged and the related financial conditions. If there is no response within 30 days, the composer will be presumed to have accepted said adaptation.

 

Provided that the musical work(s) is/are incorporated in the film, series, documentary, video game, podcast or any other media on which the musical work(s) will be adapted/synchronized, buyer shall accord credit in the end titles crawl of the Film in the Music Department section of the credits, as follow :

 

If one musical work is utilized :

[Name of the musical work] - Original music composed by Thibaut Falgairette

 

If several musical works are utilized :

Original music composed by Thibaut Falgairette :

[Name of the musical work 1]

[Name of the musical work 2]

[Name of the musical work 3]

Etc …

 

Buyer shall accord credit as well in the Music Department on IMDb as follow:

Thibaut Falgairette

Composer (original music by)

 

 

Article V

 

The composer now gives the buyer, as needed and for the duration of this contract, a general power intended to enable him to act in all circumstances and occasions in order to safeguard the exercise of the exploitation rights for which he is entitled.

However, the buyer is in no way authorized to resell the purchased music since no intellectual property is transferred here, only exploitation rights. In case of violation of the clauses described in this contract, legal proceedings will be initiated.

 

 

Article VI

 

This agreement is governed by French law. Jurisdiction is expressly made to the French courts.

 

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The valid date of this agreement is the one that appears on the purchaser's invoice.

 

 

The buyer, by ticking the box " I agree to the terms of use, privacy policy, and license agreement ", signs and agrees without restriction to the terms stipulated in this disposal agreement.