Annual License

  1. 1922 Productions, LLC and If My People Filmworks, LLC grants licensee (“Licensee”) a non-exclusive license (“License”) to publicly perform copyrighted “Works” defined below, under the Terms and Conditions specified in this 1922 Productions License Agreement (“Agreement”).
  2. 1922 Productions warrants and represents that it has secured the appropriate rights, under the federal Copyright Act, Title 17, U.S.C. §101 and §106, to grant this License.
  3. “Term” shall mean the period beginning on the “Start Date” listed on the 1922 Productions Video License Application (“Application”) and shall continue thereafter for periods of one (1) year each, unless canceled by either party giving sixty (60) days advance written notice before the end of said period or any subsequent period. Each one (1) year period during the Term is referred to herein as a “Contract Year.” If Licensee does not timely notify 1922 Productions of intent to terminate, this Agreement will remain in effect for the entire Contract Year, and Licensee will be responsible for the entire annual fee due to 1922 Productions hereunder. No refunds or credits will be made by 1922 Productions in the event of early termination by Licensee.
  4. The public performances authorized by this Agreement shall take place in the Facility(ies) identified in the Application or as Licensee otherwise notifies, and shall be via any means originally intended for personal use only, including but not limited to DVD, streaming and download. The sole purpose of such performances is to entertain and/or educate authorized viewers and only employees that facilitate those performances. No specific titles, or any characters from such titles, or producers’ names will be advertised or publicized to the general public, and no admission or other fee will be charged to the audience. The exhibitions cannot be used to endorse any goods or services. Works are defined as motion pictures and other audiovisual programs to which 1922 Productions has received the rights to license under the parameters set forth herein.
  5. The agreed license fee for the first Contract Year of this Agreement is specified on the Application, which amount is payable to 1922 Productions. Subsequent Contract Years may include adjustments based on various factors, including, but not limited to adjustments which: (i) reflect any change from the previous year’s Consumer Price Index (CPI), and/or (ii) reflect an increase in the number of facilities or other factors used to determine the license fee. On an annual basis, or upon request by 1922 Productions, Licensee shall furnish 1922 Productions with the information 1922 Productions may require to determine the license fee for subsequent Contract Years. Following such a request, if Licensee does not furnish the requested information within thirty (30) days prior to expiration, 1922 Productions may independently determine the license fee for that Contract Year based on its reasonable estimation. The license fee for each subsequent Contract Year shall be due and payable no later than each anniversary date of the applicable Contract Year. Late payments for subsequent Contract Years will be subject to a charge of one and one-half percent (1.5%) of the license fee per month.
  6. The specific titles which may be publicly performed by Licensee under this Agreement are Works produced and/or distributed by 1922 Productions or affiliated rightsholder companies only. 1922 Productions represents that it or its rightsholders may not possess the appropriate rights to certain individual titles, or, due to the expiration of those rights during the term of this Agreement, 1922 Productions may send Licensee at any time during the term of this Agreement binding notices that certain titles cannot be or may no longer be publicly performed under this Agreement. Such notices shall be binding and effective upon Licensee when received.
  7. LEGALLY OBTAINED WORKS ONLY. Licensee may publicly perform only legally obtained Works covered by this Agreement. The responsibility for obtaining the Works is that of Licensee, and the costs of acquiring the Works are to be borne solely by Licensee and are separate and distinct from the agreed public performance license fee.
  8. NO OTHER RIGHTS. Licensee may not unlawfully duplicate, edit or otherwise modify the Works obtained for public performance purposes under this Agreement. Any and all rights not granted to Licensee in this Agreement are expressly reserved to 1922 Productions and/or its rightsholders.
  9. SEPARATE FEES. Any separate fees which may be due to music publishers, or collection societies for music publishers, for the right to publicly perform the music contained in any of the Works covered by this Agreement are solely Licensee’s responsibility and are not the responsibility of 1922 Productions. To the best of 1922 Productions’ knowledge, no such separate fees for motion pictures are presently in effect.
  10. This Agreement may not be assigned by Licensee, without the prior written consent of 1922 Productions, except that Licensee shall (a) assign this Agreement in connection with a merger, consolidation or sale of its assets and business, (b) provide 1922 Productions with immediate notice of the assignment including contact information for the assignee, and (c) guarantee assignee’s performance of all obligations of Licensee under this Agreement. This Agreement may be assigned by 1922 Productions.
  11. TAX LIABILITY. In the event that a determination is made by a taxing authority or court of any state in which Licensee conducts business that the activity licensed herein renders 1922 Productions liable for the payment of a gross receipts, sales, business use or other tax which is based on the amount of 1922 Productions’ receipts from Licensee, then Licensee shall reimburse and indemnify 1922 Productions within thirty (30) days of notification therefore for Licensee’s pro rata share of any such tax derived from receipts received from Licensee.
  12. Any notice provided for herein shall be given in person; by first class air mail, postage prepaid; or by reputable overnight carrier; addressed to the party to be notified as listed on the Application. The date of personal service or mailing of any such notice shall constitute the date of service.
  13. 1922 Productions reserves the right, exercisable upon thirty (30) days written notice, to terminate this Agreement on account of any breach by Licensee of its Terms and Conditions. In the event of such termination, there shall be no refund of the license fee. A waiver by 1922 Productions or by Licensee of any specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent breach of the same, or any other provision of this Agreement. If any part of this Agreement shall be determined unenforceable, the remainder of this Agreement shall remain in full force and effect.
  14. LEGAL FEES. In the event 1922 Productions engages a lawyer to enforce its rights under this Agreement by virtue of the breach on the part of Licensee, of any term of this Agreement, Licensee agrees to pay the reasonable costs and legal fees incurred by 1922 Productions.
  15. COLLECTION FEES. In the event that 1922 Productions incurs any costs or fees in connection with the collection of any amounts past due to 1922 Productions hereunder, then Licensee shall be responsible for paying such amounts to 1922 Productions upon demand, with interest at the rate of nine percent (9%) per annum calculated from date of demand.
  16. Licensee guarantees that the information provided by Licensee is true, correct and complete in all respects. This Agreement has been duly authorized and constitutes a legal, valid and binding obligation upon Licensee and is enforceable by its Terms and Conditions which may be updated by 1922 Productions. In the event that any signature is delivered by facsimile or e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation with the same force and effect as if an original signature.
  17. To the extent that, prior to the commencement date of this Agreement, Licensee may have infringed upon rights held by 1922 Productions, 1922 Productions hereby agrees that it will not seek legal recourse or assert any claim for any and all such possible infringements which would have been licensed under this Agreement. 1922 Productions makes this warranty only with respect to rights held by it, and is not empowered or authorized to make any such representation or warranty with respect to rights held by others.
  18. The Application and these Terms and Conditions contain the full and complete agreement between 1922 Productions and Licensee and shall be construed in accordance with the laws of the United States and the State of Georgia and the parties submit to the nonexclusive jurisdiction of the U.S. Courts as regards to any claim or matter arising in relation to this Agreement.

 

Short-Term License

  • 1922 Productions, LLC and If My People Filmworks, LLC grants licensee (“Licensee”) a non-exclusive license (“License”) to publicly perform copyrighted “Works” defined below, under the Terms and Conditions specified in this 1922 Productions License Agreement (“Agreement”).
  • 1922 Productions warrants and represents that it has secured the appropriate rights, under the federal Copyright Act, Title 17, U.S.C. §101 and §106, to grant this License.
  • “Term” shall mean the seven (7) day period listed on the application (“Application”).
  • The public performances authorized by this Agreement shall take place in the Facility(ies) identified in the Application or as Licensee otherwise notifies and shall be via any means originally intended for personal use only including but not limited to DVD, streaming and download. The sole purpose of such performances is to entertain and/or educate authorized viewers and only employees that facilitate those performances. No specific titles, or any characters from such titles, or producers’ names will be advertised or publicized to the general public, and no admission or other fee will be charged to the audience. The exhibitions cannot be used to endorse any goods or services. Works are defined as motion pictures and other audiovisual programs to which 1922 Productions has received the rights to license under the parameters set forth herein.
  • The agreed license fee is based upon the church size and the number of events specified on the Application.
  • The specific titles which may be publicly performed by Licensee under this Agreement are Works produced and/or distributed by 1922 Productions affiliated rightsholder companies only. 1922 Productions represents that it or its rightsholders may not possess the appropriate rights to certain individual titles, or, due to the expiration of those rights during the term of this Agreement, 1922 Productions may send Licensee at any time during the term of this Agreement binding notices that certain titles cannot be or may no longer be publicly performed under this Agreement. Such notices shall be binding and effective upon Licensee when received.
  • LEGALLY OBTAINED WORKS ONLY. Licensee may publicly perform only legally obtained Works covered by this Agreement. The responsibility for obtaining the Works is that of Licensee, and the costs of acquiring the Works are to be borne solely by Licensee and are separate and distinct from the agreed public performance license fee.
  • NO OTHER RIGHTS. Licensee may not unlawfully duplicate, edit or otherwise modify the Works obtained for public performance purposes under this Agreement. Any and all rights not granted to Licensee in this Agreement are expressly reserved to 1922 Productions and/or its rightsholders.
  • SEPARATE FEES. Any separate fees which may be due to music publishers, or collection societies for music publishers, for the right to publicly perform the music contained in any of the Works covered by this Agreement are solely Licensee’s responsibility and are not the responsibility of 1922 Productions. To the best of 1922 Productions’ knowledge, no such separate fees for motion pictures are presently in effect.
  • Any notice provided for herein shall be given in person; by first class air mail, postage prepaid; or by reputable overnight carrier; addressed to the party to be notified as listed on the Application. The date of personal service or mailing of any such notice shall constitute the date of service.
  • 1922 Productions reserves the right to immediately terminate this Agreement on account of any breach by Licensee of its Terms and Conditions. In the event of such termination, there shall be no refund of the license fee. A waiver by 1922 Productions or by Licensee of any specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent breach of the same, or any other provision of this Agreement. If any part of this Agreement shall be determined unenforceable, the remainder of this Agreement shall remain in full force and effect.
  • Licensee guarantees that the information provided by Licensee is true, correct and complete in all respects. This Agreement has been duly authorized and constitutes a legal, valid and binding obligation upon Licensee and is enforceable by its Terms and Conditions which may be updated by 1922 Productions. In the event that any signature is delivered by facsimile or e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation with the same force and effect as if an original signature.
  • To the extent that, prior to the commencement date of this Agreement, Licensee may have infringed upon rights held by 1922 Productions, 1922 Productions hereby agrees that it will not seek legal recourse or assert any claim for any and all such possible infringements which would have been licensed under this Agreement. 1922 Productions makes this warranty only with respect to rights held by it and is not empowered or authorized to make any such representation or warranty with respect to rights held by others.

JURISDICTION. The Application and these Terms and Conditions contain the full and complete agreement between 1922 Productions, If My People Filmworks, and Licensee and shall be construed in accordance with the laws of the United States and the State of California and the parties submit to the nonexclusive jurisdiction of the U.S. Courts as regards to any claim or matter arising in relation to this Agreement.