Publishing-Terms

Pond5 Music Publishing Administration.  If you enroll in this Music Publishing and Administration Service (the “Music Publishing Service”) of Pond5 Publishing Limited (“Pond5 Publishing”), you are agreeing to the following terms and provisions with regard to Audio Content submitted by or for you:

1. Except as otherwise expressly provided in these terms and provisions, the terms and provisions of the Pond5 Contributor Agreement available at https//www.pond5.com/legal/contributor, as the same may be updated by us in the future on the Pond5 Website from time to time (the “Contributor Agreement”), shall govern and apply to all Audio Content that have been or will be provided to Pond5 by or for you and shall be deemed fully incorporated herein.
2. Terms used in in these Music Publishing Terms that are defined in the Contributor Agreement, and not otherwise defined in these Music Publishing Terms, have the meanings ascribed to them therein.
3. The Music Publishing Service is only available to the creators of the music tracks submitted by them who exclusively own all copyrights in and to the music tracks.  Without limiting the representations and warranties set forth in the Contributor Agreement, you represent and warrant that (i) you are the creator of the Audio Content submitted by or for you, (ii) you are the sole and exclusive owner of the Audio Content and all copyrights therein, and (iii) you have full legal right and authority to enter into and grant the rights set forth in the Music Publishing Terms.
4. In addition to Your License to Pond5, Pond5 Publishing shall have the exclusive right, but not the obligation, to (a) publish, administer and license the exploitation of the composition (including both the music and the lyrics) of the Audio Content throughout the world, including the license of public performance and mechanical rights, (b) execute in your name or stead any license and global international agreements affecting the Audio Content, and to collect in perpetuity all gross receipts payable to Pond5 earned by and derived from the of the composition and lyrics of the Audio Content (excluding the so-called “writer’s share” of publishing monies from public performance fees), in connection with uses pursuant to Pond5 License Agreements issued by Pond5 or licenses granted by Distributors (each, a “Licensed Use”), (c) authorize others to do the foregoing on behalf of Pond5 Publishing, and/or (d) assign in the normal course of business or license such rights to third parties, subject to the terms and conditions set forth herein.
5. You grant to Pond5 the right, but not the obligation, to re-title the Audio Content by adding P5 to the end of the name (e.g., if the name of the song is “I Love You”, we will change the name to “I Love You – P5”) in order to identify Licensed Uses, and to facilitate Pond5’s exercise of the rights granted herein.
6. We will share with you 80% of the net publisher share of royalties for Licensed Use of Audio Content collected by Pond5 Publishing from PROs and foreign sub-publishers and administrator partners related to the composition of the Audio Content. (For amounts collected from foreign PROs, the foreign sub-publishers and administrator partners will retain 10-25% of the amount they collect from the PRO; we will share with you 80% of the remainder.)  As the writer, you will receive 100% of the writer share directly from your PRO.
7. Nothing contained herein shall grant to Pond5 the right to administer, or collect royalties for, any use of Audio Content other than in connection with Licensed Use.  For the avoidance of doubt, you retain all publishing and administration rights for any use of your Audio Content not related to a Licensed Use or use of Audio Content by us or Distributors pursuant to the Contributor Agreement.
8. If you enroll in the Pond5 Music Publishing Service, the term of your enrollment will be 18 months, and the term will automatically renew for successive additional periods of 18 months, unless you give us written notice of termination at least 90 days prior to the end of the term – but the rights of Pond5 Publishing – e.g., the right of Pond5 to collect royalties related to tracks downloaded from the Pond5 marketplace (the retitled tracks) during the term will continue and survive the termination or expiration.  If your enrollment terminates or expires, you will need to revert to a non-retitled version of the name of the track on the Pond5 marketplace and with PROs going forward.
9. References in Contributor Agreement to “this Agreement” mean the Contributor Agreement as modified or supplemented by in these Music Publishing Terms.
10. We will have the right, in our sole discretion, but on at least 14 days’ notice to you, to modify or terminate these Music Publishing Terms, the share of gross receipts for Licensed Use of Audio Content collected by Pond5 Publishing from PROs and/or foreign sub-publishers and administrator partners at any time.  Any modification will only be binding on you as related to royalties collected by us after the modification.