Licence Agreement: Vineyard Music EXTRA!

1.0	Licence of Rights
1.1	Subject to and in consideration of the payment of the Licence Fee by the Church to Christian Copyright Licensing (‘CCL’) receipt of which is acknowledged and subject to the full timely performance and observance of the Church of its obligations warranties and undertakings contained in the Licence CCL grants to the Church a non-exclusive licence of the following rights in the Hymns and/or Worship Songs in the Territory for the Licence period:
1.1.1	To reproduce Hymns and/or Worship Songs in and to reproduce bulletins, liturgies, programmes, worksheets, posters and blackboards.
1.1.2	To reproduce Hymns and/or Worship Songs in bound or unbound books compiled by the Church.
1.1.3	To make transparencies, slides or utilise electronic storage and retrieval methods but in each case only for the visual projection of Hymns and/or Worship Songs.
1.1.4	To record Hymns and/or Worship Songs in Church Services by either audio or audio-visual means but excluding Hymns and/or Worship Songs from those Catalogues marked with and asterisk in the Authorised Publisher List supplied by CCL to churches pursuant to this Licence. Such asterisks denote the mechanical copyright is reserved to the Owner and/or South African Recording Rights Agency Limited or the National Organisation for Reproduction Rights in Music in Southern Africa Limited.
1.2	The Church may only exercise the Rights for the purposes and the distribution and use of copies of Hymns and/or Worship Songs in Church Services and provide that any such use is only by the Church or those people who attend the Church Services whilst so attending.
1.3	The Church may also exercise the Rights in respect of Hymns and/or Worship Songs included and available for use in the Programme by virtue of their inclusion in any Catalogue but which are not contained in the Song Reference List.
1.4	The Church may only use copies of any Hymns and/or Worship Songs produced in exercise of any of the Rights during the Licence Period provided that such copies may be used following renewal of this Licence pursuant to Clause 5.
1.5	The quantity of copies of Hymns and/or Worship Songs which the Church may make in exercise of these Rights pursuant to Clause 1.1 shall not exceed the Church Size provided that the Church may make additional copies on prior payment to CCL, of an additional licence fee. The amount of such additional licence fee shall be the same as the Licence Fee applicable to a Church of a size equal to the total number of Hymns and/or Worship Songs which the Church intends to make less the Licence Fee paid for this Licence.
2.0	Reserved Rights
2.1	The following rights are excluded from the Programme and are reserved to the Owners:
2.1.1	To photocopy or duplicate the whole or any part of any Hymn and/or Worship Song.
2.1.2	To distribute copies of any Hymns and/or Worship Songs created in exercise of the Rights for use outside of Church Services.
2.1.3	To rent or sell of otherwise dispose of copies of any Hymns and/or Worship Songs created in exercise of the Rights referred to in Clauses 1.1.1 to 1.1.4 (inclusive) for any form of direct or indirect remuneration or consideration whether by way of direct payment , gift, donation, free will offering or any other such payments.
2.1.4	To alter or make adaptations or arrangements of Hymns and/or Worship Songs or to translate Hymns and/or Worship Songs into other languages.
2.1.5	To perform any Hymns and/or Worship Songs.
2.1.6	To record any Hymns and/or Worship Songs in Church Services by either audio or audio-visual means from those Catalogues marked with an asterisk in the Authorised Publisher List supplied by CCL to churches pursuant to this Agreement, such asterisks denoting that mechanical copyright is reserved to the owner and/or South African Recording Rights Agency Limited or the National Organisation for Reproduction Rights in Music in Southern Africa Limited.
2.1.7	To exercise any rights in any Hymn and/or Worship Song not specifically licensed to the Church hereunder including without limitation any rights in any musical work comprised in or forming part of any Hymn and/or Worship Song.
2.2	Any other rights not expressly granted to the Church are reserved to the owners.
3.0	CCL’s Duties
3.1	CCL shall supply the Church with a Copyright Licence Kit at the commencement of the Licence Period.
3.2	CCL shall keep the Church informed of any additions or deletions to the Song Reference List and the Authorised Publisher List from time to time during the Licence Period.
4.0	Church Duties
The Church warrants, represents, undertakes and agrees that:
4.1	The Church has the right to enter into and perform this Licence.
4.2	The church shall only exercise the Rights in relation to Hymns and/or Worship Songs referred to in Clause 1.3 and the Hymns and/or Worship Songs contained in the Song Reference List as updated by CCL from time to time during the Licence Period and the Church shall forthwith cease exercising any of the Rights in relation to any Hymn and/or Worship Song which is withdrawn from the Song Reference List in respect of Hymns and/or Worship Songs referred to in Clause 1.3 which are withdrawn from the Catalogues and the provisions of Clause 7.2 shall apply in respect of such Hymns and/or Worship Songs.
4.3	The Church shall not by any act or omission impair or prejudice the copyright in any of the Hymns and/or Worship Songs.
4.4	The Church shall not alter any Hymn and/or Worship Song.
4.5	The Church shall ensure that every reproduced version of any Hymn and/or Worship Song produced in exercise of any of the Rights shall contain the full and correct song title, writer, credit(s) and copyright notice (all of which information is contained in the Song Reference List) in substantially the following form: ‘(Title)’ words and music by writer(s) (year) (name of copyright holder) Used by permission. Church Copyright Licence no ( )
4.6	If a Hymn and/or Worship Song is not listed in the Song Reference List and is one in relation to which Clause 1.3 applies she Church shall obtain the information required under Clause 4.5 direct from the appropriate Owner and CCL shall on request supply the address and telephone number of such Owner.
4.7	The Church shall supply to CCL a copy of any reproduced version of a Hymn and/or Worship Song produced in exercise of any of the Rights by the Church within 14 days following request from CCL
4.8	The Church shall update the Survey Worksheet during the Licence Period by recording contemporaneously the Fixation Activity of Hymns and/or Worship Songs in accordance with the instructions contained in the Survey Worksheet.
4.9	The Church shall appoint an Informed Worship Leader who shall be responsible for completing the Survey Worksheet pursuant to Clause 4.8.
4.10	The Church shall send the duly completed Survey Worksheet to CCL on expiry of the Licence Period.
4.11	The Church shall not use, reproduce or exploit in any way any Hymn and/or Worship Song except as expressly permitted hereunder and unless in a way included in the grant of Rights pursuant to Clause 1.
4.12	The Church hereby indemnifies and undertakes to indemnify CCL and keep CCL at all times fully indemnified from and against all claims, actions, proceedings, liability, loss, damage, costs and expenses of any kind which CCL may directly or indirectly incur or suffer by reason of the Church being in breach of or failing to perform or which arise directly or indirectly out of any breach or non-performance by the Church of any of the Church’s warranties, representations, undertakings or obligations contained or implied in this Licence.
5.0	Renewal of Licence
5.1	Subject to Clause 6.2 the Church may renew the Licence for a further period of one year on payment prior to the end of the Licence period of the then current Licence Fee as may be increased provided that the Survey Worksheet has been duly completed and submitted to CCL in accordance with Clause 4.
5.2	Any renewal of this Licence shall be on the same terms as those contained in this Licence or on such other terms as may be reasonably stipulated by CCL provided that prior notice is given to the Church.
5.3	CCL shall have the right to increase the Licence Fee payable on renewal of this Licence provided that prior written notice is given to the Church.
5.4	The Church shall upon renewal of this Licence inform CCL of any change in its Church Size at the end of the Licence Period so that the appropriate Licence Fee payable on renewal can be determined.
6.0	Termination
6.1	CCL shall have the right to terminate this Licence if the Church is in breach of any of the terms and conditions of this Licence and in the case of a remediable breach shall have failed to remedy the same within 21 days after receipt of notice in writing from CCL specifying such breach and requiring remedy.
6.2	If CCL’s right to grant a licence in respect of any rights contained in this Licence is terminated during the Licence Period the validity of the licence of such rights contained in this Licence shall not be affected and will continue until the end of the Licence Period provided that CCL shall be under no obligation to grant a licence of any such rights on any renewal of this Licence.
6.3	The Church shall have the right to terminate this Licence at any time upon 30 days written notice to CCL and the Church will be entitled to a refund of the Licence Fee as follows:
6.3.1	If the notice requesting termination is received by CCL in the first three months of the Licence Period the Church shall receive the Licence Fee less a handling charge of 25%.
6.3.2	Thereafter the refund shall be the pro-rata portion of the Licence Fee by reference to the unexpired period of the Licence period calculated from the date of termination less a hadling charge of 25%.
6.3.3	CCL shall pay the appropriate refund within 21 days of receipt by CCL of the daily completed Survey Worksheet in accordance with Clause 7.1.
7.0	Effect of Termination
In the event of termination of this Licence whether under Clause 6 or otherwise and whether by CCL or by the Church:
7.1	The Church shall prepare and deliver to CCL on the date of termination the Survey Worksheet duly completed for the period up until that date.
7.2	The Church shall forthwith cease to exercise any of the Rights in relation to any Hymns and/or Worship Songs and shall forthwith cease to use any copies of Hymns and/or Worship Songs made in exercise of the Rights and shall allow deliver-up or arrange for the destruction of all such copies of Hymns and/or Worship Songs at the option of CCL.
8.0	Assignment
8.1	CCL shall have the ight to assign or licence or sub-licence the whole or any part of the benefit of this Licence and CCL’s rights under this Licence.
8.2	This Licence is personal to the Church and the Church may not assign or licence or sub-licence the whole or any part of the benefit of this Licence and the Church’s rights under this Licence except with the prior written consent of CCL.

Christian Copyright Licensing, P O Box 2347, Durbanville, 7550 South Africa.
Phone (021) 975-1393 (International callers dial +2721-975-1393).

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