Track Definition;
A "Track", for the purpose of this document, is a "Complete Unique Recording" that is not a shorter, alternate or reduced element mix version of an already included “Complete Unique Recording”.
Specifically, a “Track” can include the “Defined Full Version” and Alternate/Underscore and/or cutbacks (15, 30, 60sec etc durations). The upper included limit is 1 (one) “Defined Full Version” plus up to 6 (six) additional variations of the “Defined Full Version”. More variations can be negotiated as required. Additionally, the Maximum Duration (Length) of any one original “Defined Full Version” is 10 minutes. Also the additional variations individually, may not have a total duration of greater than “Defined Full Version”.
Album Definition;
An “Album”, for the purpose of this document contains up to 14 Tracks (see Track Definition) where the audio material is up to a total duration of 80 minutes. Once the track count or total duration have been exceeded, then additional “Tracks” or “Albums” will need to be approved (at the rated specified) to include the audio material in excess of the allowed 14 tracks or the 80 minute total duration. Once again variations can be negotiated.
Additionally, for Audio CD based Albums the following limitations apply:
- the “Maximum Track Count” for any Audio CD based Album is fixed at 99 tracks, numbered 1 - 99 inclusively. Index Marks, for the most part, are no longer supported by CD Players.
- the “Total Duration” is capacity of the standard 80 minute Audio CD. This Total Duration includes the inter-track gaps if present.
Track Recall Definition;
A “Track Recall”, for the purpose of this document is the reloading of the Track/Album files into the DAW for the purpose of changing the Master Files for inclusion within the Delivery Items.
A “Track Recall” may occur when, and can include, but is not limited to:
- track/album reordering, and/or renaming.
- additions, deletions or replacements.
- reviewing the Final Mix.
- reviewing the Mastering Signal Processing.
A “Track Recall” will always occur if any of the Delivery Item Files (including Proofs) are replaced as a result of the reloading of the Track/Album files (exception: see Faults).
Faults: A “Track Recall” does not include any remedial action required to correct faults (typically clicks, pops, dropouts and/or other undesirable artefacts) contained within the Delivered Materials, unless the fault was also present within the Original Materials as received.
Public Definition;
The term “Public” for the for the purpose of this document is any person, persons or locations that are NOT:
- the Commissioner of the Mastering and/or Mixing processes.
- the Commissioners employees and/or contractors, whose regular employment with the Commissioner requires their consultation and/or input.
- other persons who it would be reasonable to have input from, that have an interest in or, can contribute to, the results of the Mastering and/or Mixing processes. These can include, but are not limited to, persons that are to provide Professional advice, consultation or comment.
- Online computer system with access limited by at least password and/or non-searchable URL.
- the Commissioner, Commissioners employees and contractors, and other contributing persons places of residence or work. Any place of work that is also a public place (i.e. Cinema, Theatre, Public Hall, Club, Pub, School, Church etc) is excluded. That public place may be included by the application of the definition following.
- other persons and/or locations agreed to by the Commissioner AND Mathew J. Hogan (or representatives of Entertainment and Information).
Created Materials Definition;
“Created Materials” for the purpose of this document are ANY content material created as a result of the process of Mastering and/or Mixing processes as requested.
“Created Materials” include, but are not limited to, content created and contained in any Audio Recording Formats, whether hardware (e.g. Audio CD, Magnetic Tape or other digital and/or analogue storage media) or file (e.g. Wave, Broadcast Wave, AIFF, MP3 or other digital file format) brought into existence by the Mastering and/or Mixing processes as requested.
“Created Materials” also includes any Pre-Delivery and/or Proof Items, in any format, as well as the defined Delivery Items.
Usage Limitations on the resulting “Created Materials”;
- I Do Not Claim Any Copyright in Any Form, on any of the Original Materials provided for the purpose of Mastering and/or Mixing as requested.
- I Do Impose A Limitation on The Use of any “Created Materials”, created and delivered as a result of the requested Mastering and/or Mixing processes.
- The Limitation on The Use are: ANY “Created Materials” created and delivered as a result of the requested Mastering and/or Mixing processes ARE NOT for Presentation, Exhibition, Exploitation or Distribution to the Public or in Public, UNTIL the Accounts/Invoices tendered for the requested Mastering and/or Mixing processes are “Settled in Full”.
- Accounts/Invoices tendered for the “Created Materials” will be “Settled in Full” when the Full Amounts listed in the Accounts/Invoices tendered are credited to the account listed on the Accounts/Invoices tendered. If payment is by cheque/s (or other methods), when the cheque/s (or other methods) for the Full Amounts listed in the Accounts/Invoices tendered have been cleared by the financial institution listed in the Accounts/Invoices tendered.
- Until the Accounts/Invoices tendered for the requested Mastering and/or Mixing processes are “Settled in Full”, delivery of the resulting “Created Materials” are for strictly limited and private review/comments only and may not be Presented, Exhibited, Exploited or Distributed to the Public or in Public, in any form or for any reason.
- This limitation does not preclude the inclusion of the resulting “Created Materials” in any form that will be Presented, Exhibited, Exploited or Distributed to the public or in public in the future, however any Presentation, Exhibition, Exploitation or Distribution to the Public or in Public, that includes the “Created Materials” before Accounts/Invoices tendered have been “Settled in Full” are prohibited by this Limitation.
- Any breach of this Limitation will be perused through the Courts seeking, but not limited to, Accounts/Invoices Settlement in Full, recovery and court costs.
- Once the Accounts/Invoices tendered for the requested Mastering and/or Mixing processes are “Settled in Full” the resulting “Created Materials” are then free of any further limitations as defined within this document.
- By commencing the Mastering and/or Mixing process as requested, the above Limitations on the resulting “Created Materials” have been understood and accepted.
- Variations to the above Usage Limitations are by negotiation only and will be presented and accepted in writing.
Notice:
This documents content (Revised: 28/02/2015 - 1.0) supersedes any previous documents and comes into effect on 1st March 2015.
