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General terms

1. Definitions

For the application of these General Terms the following definitions shall have the meaning assigned to them hereunder:
Author: composer and/or lyricist
Musical work: the work that is protected by copyright and offered through the website of VillaMusicRights
User: the one who, either as a home user or as a commercial user, exercises copyright on the basis of general permission or a licence
Registration: admission to the VillaMusicRights database of authors and users
Licence: the non-exclusive permission for performance or reproduction of musical works
Transaction: the remuneration agreement between author and commercial users regarding the exercise of copyright

2. General provision

These General Terms apply to all registrations, transactions and other activities by involved in using the VillaMusicRights website regarding works protected on the basis of copyright.

3. Registration

3.1. After login and password registration for authors and users will be applied for by filling out an application form with obligatory fields. Registration has been effected once the form has been filled out completely and correctly.

3.2. An application will not be accepted if:

• a. the applicant does not deliver data as mentioned in the first paragraph of article 3;
• b. the applicant does not fulfil obligations arising from these General Terms on the basis of a previous registration or if it is reasonable to expect that he will not fulfil such obligations.

3.3. In compliance with the previous paragraphs of this article and with laws and other regulations, VillaMusicRights is entitled to end a registration immediately if it can reasonably be expected that the one registered will not fulfil his obligations, for example if it is evident that he has not fulfilled previous obligations or other obligations.
3.4. The one registered guarantees the correctness of the information he provides about himself, about the services he offers or uses, or in relationship with these services.
3.5. Registrations ends automatically in event the one registered:

• - deceases
• - is under legal restraint, or
• - is in another way no longer entitled to manage his own financial assets, or
• - has applied for or is in state of bankruptcy, or
  
• - has applied for or is in state of suspension of payments.

4. The obligations of authors

4.1. The author declares and guarantees that he is authorized to exercise copyrights and any other related rights regarding the musical works he offers through the website of VillaMusicRights.
4.2. The author agrees to indemnify and hold harmless VillaMusicRights from any claim by any third parties for infringement of copyrights and any other related rights.
4.3. That provision of the previous paragraphs of this article include copyright and any other right owned by more than one author.
4.4. The author grants any home user on a general basis the right to perform and reproduce his musical works without remuneration.
4.5. For any other use as determined in the previous paragraph the author grants those users on a conditional basis the right to perform and reproduce his musical works, in the sense that he has to agree with the user on the conditions for which the use will be granted.
4.6. The author grants VillaMusicRights permission to include his works on a list of most-downloaded and recommended works that will be performed on the website under the name DailyTop10, unless he declares explicitly that he does not grant this permission.
4.7. As commission, the author will pay VillaMusicRights a percentage of 25% of all transactions, VAT excluded. If the agreed transaction amount is smaller than this amount, an amount identical to this percentage, VAT excluded, of the amount mentioned in the model license is also due.

5. The obligations of users

5.1. Any user recognizes that the musical works made available through the VillaMusicRights website are subject to intellectual property rights.
5.2. Home users are not authorized to perform or reproduce musical works for other than private or domestic use.
5.3. Users other than those mentioned in the previous paragraph are not authorized to use the musical works for any other purpose than specified.
5.4. Users are not authorized to change or abridge musical works in any way without the written consent of the author.

6. Licences

6.1. With the exception of that determined in the fourth paragraph of article 4 an agreement between author and user is made by mutual consent. An agreement is in accordance with these general terms.
6.2. Both parties are entitled to use the model licences of VillaMusicRights.
6.3. The author may ask VillaMusicRights for advice regarding the making and realization of the agreement. If the licence is terminated early due to an accountable failure on the part of one of the parties, or for any other reason, VillaMusicRights will not be liable for any loss or damage of any kind.
6.4. A licence is granted for a fixed period and can consistently be renewed. A licence can be used if VillaMusicRights has received the agreed remuneration from the user.

7. The obligations of VillaMusicRights

7.1. VillaMusicRights registers anyone who is qualified for registration according to these general terms.
7.2. VillaMusicRights installs the musical works that are submitted to it on a database that has been established specifically for this purpose and classifies them in several categories.
7.3. VillaMusicRights makes the works available for home use and other use.
7.4. Upon the first demand by right holders VillaMusicRights will remove works from the website if these works have been submitted by someone who is not the holder of the rights.
7.5. VillaMusicRights will remove from the website any works containing manifestations that are criminal or otherwise unlawful.
7.6. To the authors, VillaMusicRights will, within a few working days, pay the remuneration that has been received from users in connection with the licences granted. From this it will subtract the commission specified in the seventh paragraph of article 4.

8. Liability/indemnification

8.1. VillaMusicRights will not be liable for any loss or damage of any kind connected with interruptions to the delivery of services or delivery itself through its website.
8.2. Both author and user indemnifies and holds harmless VillaMusicRights from any claim by any third parties for any loss or damage of any kind by incorrect, illegal or negligent use of applications or services through its website.
8.3. In order to conform to modern standards and requirements, the technical properties and specifications of the VillaMusicRights website may be subject to change. VillaMusicRights will, if possible, make changes without interrupting services to authors or users. Under no circumstances will VillaMusicRights will be liable for any consequences of these changes.

9. Use and processing of personal data

9.1. In order to provide good services VillaMusicRights uses and processes registrants’ personal data. These personal data will be processed in accordance with national and international law. If the processing of data is subject to notification, VillaMusicRights will notify the supervisory authority in accordance with relevant regulation.
9.2. VillaMusicRights will take responsibility to provide appropriate organizational and technical means to protect and secure personal data. These data will be saved no longer than necessary for good service provision or for compliance with legal obligations.
9.3. VillaMusicRights is entitled to establish a filing system for personal data. This system is meant for use by VillaMusicRights as part of its service provision.

10. Final article

10.1 VillaMusicRights is not liable for any failure to meet its service provision obligations if that failure is the result of force majeure. Force majeure shall mean in any case: power failure, technical failure, prevention or refusal of service delivery of any third party on which VillaMusicRights depends, as well as any other circumstances beyond the control of VillaMusicRights, or any circumstances for which VillaMusicRights cannot be held accountable, according to law, other regulation or legal interpretation.
During the period of force majeure as specified in the previous sentence, obligations will be postponed.
10.2 Dutch law is applicable to all legal relationships and acts connected with or resulted from service provision by VillaMusicRights. Disagreements between authors and users shall be governed by the law chosen by the parties.

 

What is VillaMusicRights?

The world of music copyright is evolving. Monopolies of collecting societies are under pressure. Composers complain about a lack of benefit, users about non-transparent and high tariffs. Why should you as a composer pay a membership fee to such an organization, when you have to fill in a lot of forms and get nothing or little in return? Why should you as a user pay such high tariffs? This can change.
• VillaMusicRights is a worldwide operating website for music authors (composers) and users of their musical works.
• VillaMusicRights provides a database on which music authors and lyricists make their works available together with the necessary licences.
• VillaMusicRights plays a role as a facilitator in the contacts between music authors and users. The authors grant home users permission to download these works for free. With commercial users special arrangements are made.
• VillaMusicRights provides advice on licences and rates. Composers and users all have to register in advance.
• Composers have to declare and guarantee that they are authorized to exercise copy rights regarding the musical works in question. Users have to declare not to perform or reproduce the musical works for any other use than specified.
• Payments between authors and business users are handled by VillaMusicRights which receives a commission in remuneration of the cost of display, advice and transactions.