By uploading an audio file to the site, or agreeing that we may record your performance, (Your Recording) you accept and agree to be bound by these terms and conditions which form an agreement between you and us (Agreement). 

References to “we”, “our” or “us” in this Agreement are to the Secretary of State for the Department for International Trade.

References to “You” or “Your” in this Agreement are to the person who has submitted Your Recording and given the accompanying declarations.  
 

1.    Intended Use

1.1.    The UK’s Department for International Trade (DIT) has invited performers from around the world to submit recordings of their performance of a musical composition commissioned by DIT. The intention is that those recordings will be incorporated into one or more recordings which will be played in public and otherwise used to celebrate and encourage collaborative creative projects and promote the creative industries generally (Collaborative Public Work).

1.2.    In order to permit DIT to commission the creation of the Collaborative Public Work, it is necessary for those who may have any rights associated with Your Recording to permanently relinquish all copyright and related rights associated with those contributions so that DIT can reliably and without fear of later claims of infringement or claims for payment amend, adapt and combine the contributions and create, perform and make available the Collaborative Public Work.

1.3.    In return for the opportunity of Your Recording being used to help create a Collaborative Public Work and without any expectation of additional consideration or compensation, You voluntarily grant the Waiver in Clause 3 and Licence in Clause 4 in respect of Your Recording with full knowledge of Your Copyright and Related Rights (as defined in Clause 2) in Your Recording.

2.    Rights In Your Recording

2.1.    Your Recording, may be protected by copyright and related or neighbouring rights (Copyright and Related Rights). Copyright and Related Rights include, but are not limited to, the following: 

2.1.1.    the right to reproduce, adapt, distribute, perform, display, communicate, sample and change Your Recording; 

2.1.2.    moral rights retained by the performer(s) or anyone who contributed to the arrangements;

2.1.3.    other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.

3.    Waiver Of Your Rights 

3.1.    To the greatest extent permitted by, but not in contravention of, applicable law, You hereby, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of the Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in Your Recording including the performers rights associated with Your Recording (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (Waiver). 

3.2.    You give this Waiver for the benefit of DIT and any other UK Government Department, minister or civil servant or any person, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the use or performance of the Collaborative Public Work as contemplated in the description under the heading “Intended Use” above. You also agree that the benefit of this Waiver is transferable and may be relied upon by any other UK Government Department or entity that makes use of the Collaborative Public Work as contemplated in the description under the heading “Intended Use” above.

4.    Your Grant Of A Licence

4.1.    Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Your knowledge of the Intended Use. 

4.2.    In addition, to the extent any part of the Waiver is judged to be invalid or ineffective You hereby grant to each person who may require it, a royalty-free, transferable, sub licensable, non-exclusive, irrevocable and unconditional license to exercise the Copyright and Related Rights in Your Recording (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, in connection with the creation, performance, broadcast, making available of the Collaborative Public Work, including use of the Collaborative Public Work for, advertising or promotional purposes (Licence). 

4.3.    The Licence shall be deemed effective as of the date you upload Your Recording to the site. Should any part of the Licence for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the Licence, and in such case You hereby affirm that You will not (i) exercise any of Your remaining Copyright and Related Rights in Your Recording or (ii) assert any associated claims and causes of action with respect to Your Recording, in either case contrary to the intent set out in this Agreement  which is to allow the unrestricted making available to the public and use of the Collaborative Public Work without incurring liability for payments to contributors who freely agreed to participate in the collaborative project.

5.    General

5.1.    This Agreement shall take precedence over the summary of rights and constitutes the entire agreement between the parties with respect to Your Recording. There are no understandings, agreements or representations with respect to Your Recording not specified here. We shall not be bound by any additional provisions that may appear in any communication from You. This Agreement may not be modified without Our written agreement.

5.2.    For the avoidance of doubt, this Agreement does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of Your Recording that could lawfully be made without permission under the terms and conditions.

5.3.    Nothing in this Agreement constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the UK Department for International Trade (DIT) or any person or business authorised by them, including from the legal processes of any jurisdiction or authority.

5.4.    To the extent permitted by the law of the country where you made Your Recording, You agree that English law shall be the governing law of this Agreement and that You agree to refer any dispute or claim arising out of or in connection with this Agreement or the use of the Collaborative Public Work to the exclusive jurisdiction of the courts of England.