This form is required if you would like your music played on KWDC-LP STOCKTON FM 93.5 radio station. The undersigned Artist, Band, Recording Company or Copyright Holder(s) of the submitted material ("Copyright Owner") hereby grants KWDC-LP STOCKTON FM 93.5, a community broadcast radio station (FM 93.5 Stockton, CA) and internet radio station (KWDCradio.org/TheVoiceOfStockton.org), and its licensees, assigns, and affiliated programs (as defined in section 4 below) collectively ("KWDC-LP STOCKTON FM 93.5" or "KWDC-LP STOCKTON FM 93.5 and their designees") the following authorizations
I hereby grant KWDC-LP STOCKTON FM 93,5, and their designees, the right to play the music on the radio station, and the right to play excerpts of the music within news and other productions.
Copyright Owner confirms that all artwork, which has been recorded as my own, is in fact owned by me, and that all other works recorded have been authorized by their owner or owners, without financial obligation to me. I hereby give all copyright clearances for the use of these works to KWDC-LP STOCKTON FM 93.5.
Copyright Owner hereby expressly authorizes KWDC-LP STOCKTON FM 93.5 to copy to the KWDC-LP STOCKTON FM 93.5 servers such copies of each of the identified sound recordings and musical compositions to facilitate the efficient transmission of the sound recordings and musical compositions from initiation through to the listener.
Copyright Owner understands and expressly agrees that KWDC-LP STOCKTON FM 93.5 authorization includes, but is not limited to, the following partners and associations; KWDC-LP STOCKTON FM 93.5 radio programs, KWDC-LP STOCKTON FM 93.5 website, and related promotional events associated with KWDC-LP STOCKTON FM 93.5
Neither KWDC-LP STOCKTON FM 93.5 nor the Copyright Owner shall pay to the other any compensation with respect to the transmissions and reproductions authorized herein, this agreement waives rights to pay (airplay royalties, performance royalties, sound recording licenses, mechanical rights licenses) on a complete and totally non-exclusive basis.
Copyright Owner represents and warrants to KWDC-LP STOCKTON FM 93.5: (a).that the Copyright Owner has the right and authority to license all rights granted herein, including, but not limited to, copyright and trademark rights"; performance rights, musical compositions and sound recording rights. Copyright owner understands and agrees this consent and release further eliminates any external licensing requirements of RIAA, BMI, SESAC, ASCAP, or any other performance rights organizations. (b). Copyright Owner is not represented by any record label or performance rights organization; is the creator of the work described herein; has not "covered" or "borrowed" the sound recording or musical composition from another, and has full authority to grant the rights granted herein to KWDC-LP STOCKTON FM 93.5. If Copyright Owner is represented by an independent record label, the independent record label owner and/or director must sign this form along with artist.
7. Copyright Owner hereby agrees to indemnify and hold KWDC-LP STOCKTON FM 93.5, its officers, directors, employees, agents and assigns, harmless from any fees, penalties, liabilities, claims, losses or damages (including reasonable attorneys’ fees) incurred by KWDC-LP STOCKTON FM 93.5 as a result of KWDC-LP STOCKTON FM 93.5's reproduction, transmission, retransmission and/or distribution of the sound recordings and/or musical compositions embodied therein which are identified above in accordance with the terms of this Release Agreement or as a result of all other rights granted to KWDC LP STOCKTON FM 93.5 in connection with such sound recordings, musical compositions, trademarks and other intellectual property in accordance with the terms of this Agreement.
8. Copyright Owner further grants KWDC-LP STOCKTON FM 93.5 the right to use, transmit and display, in connection with the transmissions authorized herein, the name of the sound recording and the musical compositions embodied therein, the composers, the performers, and, if provided by or on behalf of the Copyright Owner, the logo of the performers, biographical information, album graphics and photographs of the performers.
9. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN AN AGREEMENT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE DAMAGES WERE FORESEEABLE. NEITHER PARTY'S LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED $50. LIABILITIES LIMITED BY THE PRECEDING SENTENCE INCLUDE LIABILITY FOR NEGLIGENCE
10. I agree that any controversy or claim, arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in the State of California, in accordance with the commercial rules then prevailing of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
11. This Authorization will be governed in accordance with the internal substantive laws of the United States of America and the State of California, without regard to conflicts of law principles. If there is any dispute about or involving KWDC-LP STOCKTON FM 93.5 and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego County, California.
12. In the case of a listed Audio File/CD/Tape/Record title, it is understood that all recordings on said Audio File/CD/ Tape/Record are covered under this agreement.
13. This comprises the entire agreement of the parties. Copyright Owner agrees that KWDC-LP STOCKTON FM 93.5 has made no representation or warranties, or offered any inducements for the execution of this consent and release by Copyright Owner, other than those reflected in this document. Songs/Albums/Sound Recordings:
Be as specific as possible, on the lines below, in describing the recording to be used. If only specific portion of recording is to be used, please specify (ex: Song Name: 1:31-1:43).
