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Title Registration Disclaimer Close Window
Section 1: Warranties and Representations. I warrant and represent that with respect
to the title or titles (“Titles”) that I register with ASCAP, I am a member of ASCAP
or I am acting as a designated representative or authorized agent for an ASCAP member;
and that I am the writer, or one of the writers, of such Titles; or publisher, or one
of the publishers, of such Titles; or an authorized representative of such ASCAP writer
or publisher, and have the necessary licenses, rights, consents, and permissions to
register the Titles as an ASCAP writer and/or publisher member. I further warrant and
represent that all of the identifying information with respect to such Titles, and the
writer(s) and the publisher(s) of such Titles furnished through the ASCAP website (“Site”)
is true to the best of my knowledge. I understand and acknowledge that ASCAP may be
distributing royalties to me in reliance upon the representations and warranties contained
herein, and I have no intention to benefit by fraudulently registering any Titles. I further
understand and acknowledge that any misrepresentations as to any of the information provided
with respect to the Titles to be registered, the identity of the writer(s) and publishers(s),
and their respective interests in such Titles, or any other false, discrepant or misleading
statements (“Misrepresentations”) may be cause for ASCAP to take action against me pursuant
to Section 2 below.
Section 2: Investigation. I understand and acknowledge that if ASCAP has reason to believe
that I have made any material Misrepresentations in respect of any Titles that I register,
ASCAP will undertake an internal investigation. If following such an investigation, ASCAP
concludes that it has reason to believe that I have made any material Misrepresentations,
including, but not limited to, having reason to believe that I do not have the authority to
register the Titles, then, in keeping with ASCAP’s Articles of Association and Compendium of
ASCAP Rules, Regulations and Policies Supplemental to the Articles of Association (“Compendium”),
both available on the ASCAP website at http://www.ascap.com/reference/, ASCAP may take such steps
as appear warranted under the circumstances. Such steps may include, but are not limited to,
the immediate suspension of payment of any and all performance royalties related to the Titles;
an adjustment to my ASCAP account to redistribute any royalties that were improperly distributed
as a result of any such Misrepresentation; an administrative charge to my ASCAP account for the
additional research and time expended by ASCAP to investigate any such Misrepresentation; removal
of Titles from the ASCAP Clearance Express (“ACE”) system and all ASCAP distribution databases;
and suspension of my ability to register additional Titles; provided, however, ASCAP will notify
me, in writing, to provide me with notice of such an investigation and such steps as ASCAP has
elected to take as a result of the investigation (“Notice”).
Section 3: Additional Procedures. I further understand and acknowledge that I will have thirty (30)
days from the date of ASCAP’s Notice within which to address and correct any facts that ASCAP believes
I may have misrepresented and to request reconsideration of the steps ASCAP prepares to take, provided
I send a written response to the Notice, to the address indicated on the Notice, (“Member Letter”).
The Member Letter should be sufficient to demonstrate that I have the authority to register the Titles
with ASCAP. By way of illustration and not limitation, such documentation could include, for the
Titles at issue, a U.S. Copyright Registration, a copy of the published lyrics and sheet music for
such Titles, and/or a sound recording (“Supporting Documentation”). If the Titles at issue are
commercial jingles (“Jingles”), then the supporting documentation should include proof of the
underlying agreement between myself and the owner of the Jingles or the owner’s agent, demonstrating
that I have the right to collect royalties on account of public performances of the Jingles. The Member
Letter and its attached documentation should refute the Misrepresentations that ASCAP contends I made
in connection with the registration of the Titles. I understand and acknowledge that ASCAP reserves
the right, after reviewing the Member Letter, to determine that the Titles may qualify as a claim against
another ASCAP members’ Titles and, in such an instance, the matter will be addressed pursuant to Section
2.8 of the Compendium of ASCAP Rules and Regulations. I understand and acknowledge that, within
forty-five (45) days of receipt of the Member Letter, ASCAP will, in its sole discretion, issue a final
and non-appealable decision concerning (i) the proper owner of the Titles in question and (ii) what
remedies, if any, will be employed against me. I acknowledge that failure to submit a Member Letter
within sixty (60) days from the date of the Notice will result in ASCAP issuing, in its sole discretion,
a final and non-appealable decision concerning (i) the proper owner of the Titles in question and (ii)
what remedies, if any, will be employed against me. ASCAP will not deny any request for a reasonable
extension of time within which to submit a Member Letter, provided that such extension shall not exceed
ninety (90) days and during such extension, any steps ASCAP has taken pursuant to an Investigation ASCAP’s
proposed remedies shall remain in full force and effect.
Section 4: Indemnification: I agree to indemnify, hold harmless, release and, at ASCAP’s request, defend
it and its agents and employees from and against any and all suits, actions, legal or administrative
proceedings, claims, demands, damages, penalties, fines, costs and expenses of whatsoever kind of character
(including, but not limited to, legal fees and expenses) (collectively “Claims”), arising out of any
Misrepresentation or other negligent or willful actions in relation to my registering Titles with ASCAP.
Notwithstanding the foregoing, ASCAP shall have the option to settle or defend any Claim through counsel
of ASCAP’s sole choice and at its own expense. I will reasonably cooperate in the handling of the claim
and make available to ASCAP any defenses to the claim available to me.
I understand and agree that clicking Submit is the electronic equivalent of a written
signature on this Agreement.
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