The following is MTI's Standard performance license for non-professional productions. Please note that many contracts have additional riders which will be specific to a particular title or production. The following license is provided for reference only. If there are differences between the license included as a part of your signed contract and the following reference license, your signed contract has precedence.
BUSINESS OFFICE MTI MUSIC LIBRARY
Phone: (212) 541-4684 Fax: (212) 397-4684 Phone: 860-379-3320
Music Theatre International Music Theatre International
421 West 54th Street, 2nd Fl. 31A Industrial Park Road
New York, NY 10019 New Hartford, CT 06057
Please read this Performance License carefully and keep this copy for your records.
Your signature on the acceptance line of the Production Contract accompanying this License will acknowledge that: a) you have read and understood the terms, conditions and provisions set forth below; b) you are authorized to enter into the Production Contract on behalf of Licensee; and c) you agree to the terms, conditions and provisions contained herein on behalf of the Licensee.
I. Copyright Provisions: Any violation of these provisions shall automatically terminate this License.
1. Rights Granted: This License-granted to the party to whom the Production Contract is addressed ("Licensee" or "You")-allows the public performance of the Play as represented in the rented printed materials under the following terms and conditions. This License does not include the right to the original choreography, staging, direction, costume designs or scenery designs of the Play unless specified in writing to the contrary.
2. Changing the Play: Under federal law, you may not make any changes, including but not limited to the following:
a. You may not add new music, dialogue, lyrics or anything to the text included with the rented material.
b. You may not delete, in whole or in part, any material in the existing Play.
c. You may not make changes of any kind, including but not limited to changes of music, lyrics or dialogue or change in the period, characters or characterizations in the presently existing Play. d. You agree that any proposed change, addition, omission, interpolation, or alteration in the book, music, or lyrics of the Play shall first be submitted in writing to MTI so that the written consent of the Authors, if granted, may be obtained by MTI.
e. You may not make any copies of the materials provided or physically alter, amend, or change them without MTI's prior written permission. Should permission be granted, any and all materials created or amended remain the property of the Copyright Owners and must be returned to MTI.
f. MTI and the Copyright Owners shall not be obliged at any time to offer royalty participation or make any payment to any person whom you may hire to direct, choreograph, stage, design or otherwise actualize your production unless that person has entered into a bona fide collaboration agreement directly with the Copyright Owners. g. By signing the Performance Contract, you agree to review the terms of this Performance License, in particular Paragraph I.2 (This Paragraph), with the entire creative team of this production, and represent they are aware that no changes may be made to the Play without the written consent of the Authors.
3. Recording/Reproduction (Audio, Video, Computer Sequencing, etc.)
a. Recording: This license does not grant you the right to make, use and/or distribute a mechanical recording (rehearsal, performance or otherwise) of the Play or any portion of it by any means whatsoever, including, but not limited to, audiocassette, videotape, film, CD, DVD and other digital sequencing.
b. Broadcast: Except for the usual right to advertise and publicize the Play by means of print, radio and television (in which no radio or television commercial shall contain excerpts of more than 30 seconds), this license does not allow you to broadcast, televise, and/or electronically post on the Internet any part of the Play, either audio or visual or both, including, without limitation, musical selections.
4. Program/Poster/Advertising Credits
a. Author/Creator: You must give the authors/creators billing credits, as specified in the Production Contract, in a conspicuous manner on the first page of credits in all programs and on houseboards, displays and in all other advertising announcements of any kind.
b. MTI: You must give appropriate credit to MUSIC THEATRE INTERNATIONAL on all posters, fliers, advertisements and on the title page of your programs in the following manner:
"[Name of Play]"is presented through special arrangement with Music Theatre International (MTI). All authorized performance materials are also supplied by MTI, 421 West 54th Street, New York, NY 10019 Tel.: (212) 541-4684 Fax: (212) 397-4684 www.MTIShows.com
c. If your program contains cast and/or creative team bios, MTI encourages you to include bios for the authors as well as the MTI bio. Bios can be found on MTI's website at www.MTIShows.com/programbios or obtained by request from MTI.
d. You must include the following warning in your program:
"The videotaping or other video or audio recording of this production is strictly prohibited."
e. Logos: You may not use the copyrighted logo of the Play, unless MTI grants you a specific license to do so in the Production Contract and you pay MTI the applicable fee.
f. Merchandise: You may not create merchandise based on the play, whether for sale or distribution, without written permission from MTI acting on behalf of the Copyright Owners or their duly authorized representatives.
II. Performance License and Payment Provisions
1. Changes: If any of the conditions set forth in the Production Contract have changed in any way (including cancellation or addition of performance(s), ticket price adjustments or change of venue), you must notify MTI's BUSINESS OFFICE in writing immediately, and MTI must approve all changes before they may take effect. Such changes may alter the fees quoted in the Production Contract. Cancellation fees of at least fifty dollars ($50.00) may apply.
2. Expiration Date and Cancellation of License: MTI must receive a signed copy of the Production Contract, accompanied by payment in full, (or by a purchase order pursuant to Paragraph 5 below) by the expiration date indicated on the first page of the Production Contract or prior to your first performance, whichever occurs sooner, or you will be deemed to be unlicensed. MTI reserves the right, in its sole discretion, to revoke this Performance License by sending written notice to you at any time prior to MTI's receipt of both a signed Production Contract and payment in full. You agree not to advertise, announce, present or sell tickets for any performances until you are licensed as provided above.
3. Additional Performances: Should you desire to present performances in addition to those provided for in the Production Contract, you agree to enter into a new agreement with MTI and to make additional royalty and rental payments for any and all performances in addition to those already licensed by MTI. You agree not to announce, present or sell tickets for such additional performances without prior written permission from MTI AND payment of the additional royalty and fees due.
4. Complimentary Tickets: You agree as a condition of this License to reserve two (2) complimentary tickets (if requested) for the use of MTI and the Copyright Owners for each performance and MTI agrees not to sell such tickets.
5. Purchase Orders: For schools and government agencies only, a signed, authorized purchase order is acceptable for ROYALTY and RENTAL payment. You must still send MTI's Business Office your check or money order for the SECURITY FEE as well as your signed, authorized Purchase Order when you return the signed Production Contracts to cause materials to be shipped.
6. Accounting: You shall forward to MTI's Business Office at least two (2) copies of the program for your production not later than three (3) days following the opening performance licensed by MTI under the terms of this agreement. You shall submit to MTI's Business Office, within five (5) days following demand by MTI, a sworn statement setting forth the total number of performances actually presented and the precise date and place of each such performance. You agree to keep and maintain full and regular books and records in which you shall record all items in connection with the production and presentation of the Play. Such books and records shall be open at all reasonable business hours for inspection by MTI or its representatives at your office, and MTI shall have the right to make copies of and take extracts from such books and records. MTI's rights under this License shall continue for twelve (12) months following the date of the last performance licensed under the terms of this agreement.
7. Default: This License is conditioned upon your fulfillment of all obligations set forth herein and in the accompanying Production Contract, including the prompt payment of all rental, royalty, and security fees in U.S. funds when due. Unless all of your obligations have been fulfilled, this License will terminate automatically. Nevertheless, you will remain liable for the payment of all fees that might be due to MTI under this License and will be subject as well to statutory damages for copyright infringement. If you default in the performance of any of the terms of this License, then, in addition to any and all other remedies which MTI might have at law, MTI shall have the right to a preliminary injunction to enjoin further performance of the Play. You agree to reimburse MTI for any expenses incurred by MTI in enforcing its rights under this License, including, but not limited to, attorneys' fees, telephone, fax, and postage charges and collection expenses.
8. Warranty: MTI warrants that, on behalf of the owners of the copyright in the Play, it is authorized to grant this License to you. MTI makes no other warranties.
9. Reserved Rights: All rights in and to the Play other than those specifically licensed to you under the terms of this License agreement are reserved to MTI, with the unrestricted right of MTI to use, exploit or dispose of any of them at any time, whether or not the exercise of such rights may be in competition with the rights granted to you in this License.
10. Transfer of Rights: Under no conditions can this License be assigned or transferred without written consent from MTI. This License shall be governed by the Laws of the State of New York, and any dispute arising out of or under this License agreement shall be litigated only in the courts of the City or State of New York in the City of New York or the United States District Court in the Southern District of New York, and in no other forum.
11. Indemnification of Licensor: You agree to indemnify MTI and the Copyright Owner(s) and Rightsholder(s) of the Play from any claim arising out of your violation of any of the provisions of this License agreement.
III. Materials Rental Provisions
1. Term: Unless otherwise indicated in the accompanying Production Contract, the term of rental shall be 2 (two) months.
2. Delivery: Provided MTI has received a signed copy of the Production Contract and the full applicable royalty, rental and security fees, the rented materials will be shipped approximately two months prior to the first performance. Please allow approximately ten (10) days for delivery.
3. Additional Rental Time: If the rented materials are needed in advance of the 2 month period stated below, the charge is four hundred dollars ($400.00) each extra month or part thereof, subject to availability.
4. Suitability: MTI makes no representation as to the adequacy, suitability and/or condition of the materials indicated above. Any missing or damaged materials MUST be reported to MTI's Business Office within forty-eight (48) hours after your receipt of them, or you may be liable for full replacement charges upon their return to MTI.
5. Shipping Charges: You shall pay shipping charges BOTH WAYS for materials that MTI rents and/or supplies to you, as well as all customs charges, duties and the like in connection with shipments of materials outside of the United States and return shipment to MTI. MTI ships by U.S. Mail, Air Freight, UPS or other carriers at its sole option. Any expense that MTI incurs with respect to the delivery or return of the materials to its library shall be charged to you; you agree upon demand promptly to reimburse MTI for the full amount of such expense. A $10 handling fee is applied to each order.
6. Return of Materials: You agree that, no later than seven (7) days after the last performance under the terms of this License, you will return to MTI, by prepaid carrier, insured for not less than seven hundred fifty dollars ($750.00), the complete set of materials (including any additional materials ordered) in as good condition as when you received it. Should you fail to do so, MTI shall be entitled to an additional rental fee of twenty dollars ($20.00) for each day that you retain any material beyond the period of seven (7) days after the last performance. You are responsible for the safe return to MTI of all of the rented material. If complete materials are not returned all at once and properly labeled, your account may not be credited or you may be liable for a restocking fee.
7. Address for Return of Materials: All materials must be returned to MTI's Music Library (Address listed below) DO NOT SHIP MATERIALS TO THE BUSINESS OFFICE!
RETURN ALL MATERIALS TO:
Music Theatre International
31A Industrial Park Road
New Hartford, CT 06057
Any materials returned to MTI's Business Office will be subject to a transfer charge of up to $50.00.
8. Damage/Loss: Any damage to or loss of the materials shall be charged to you; you agree upon demand promptly to reimburse MTI for the full amount of such evaluated damage to or loss of materials. Any materials lost or damaged while in your possession will be assessed fees as set forth in the accompanying Production Contract.
9. Cancellation: The fee for rental of materials is required under any and all conditions, notwithstanding the non-use of said materials. Furthermore, you understand that, even if you do not present the Play, you could be obligated for the fees set forth in this License and the accompanying Production Contract.
10. Permitted Use: You understand that the Play materials cannot be used for any purpose other than as stated in this License and that you and/or anyone connected with your organization may not copy, reproduce, sell or otherwise distribute such materials