Extracted text (via ocr_local)
13633 characters
UMBRELLA LICENSE APPLICATION
Please contact an MPLC Licensing Representative at (800) 462-8855
or www.mplc.com for pricing assistance. Send the completed
application to the address or fax below.
Name of Organization (“Licensee”)
Contact Name Position
Facility Address
City, State, Zip
Mailing Address (if different than above)
City, State, Zip
Telephone Fax
Email Address
Website
License Fee Start Date
2020 Umbrella License Pricing:
Senior Centers
NCOAINISC Accredited $220
NCOA/NISC Members $260
Non-Members $350
| herewith request an MPLC Umbrella License, subject to the Terms and Conditions
provided herein.
Signature
Position
(Payment Enclosed (payable to MPLC)
Bill Credit Card: [[] Visa [[] Mastercard [[] Amex [[] Discover
(J Send Invoice (fee due in 30 days)
Card Number Expiration cvv
Cardholder Signature
Cardholder Name
MPLC)
www.mplc.com
Motion Picture Licensing Corporation
5455 S. Centinela Avenue
Los Angeles, CA 90066
United States
T: +1 (800) 462-8855
F: +1 (310) 822-4440
TERMS AND CONDITIONS
1. Purpose. Motion Picture Licensing Corporation ("MPLC’) grants licensee ("Licensee") a non-exclusive
license (‘License’) to publicly perform copyrighted “Works” defined below, under the Terms and
Conditions specified in this Umbrella License Agreement (“Agreement’)
2. Law. MPLC warrants and represents that it has secured the appropriate rights, under the federal
Copyright Act, Title 17, U.S.C. §101 and §106, to grant this License.
3. Jem, “Ter, shall mean the period beginning on the “Start Date’ listed on the Umbrella License
me 1") and shall continue thereafter for periods of one (1) year each, unless
eBhosled by ether pany ging sbay (60) days ‘advance wten noice before the end of sad period
or any subsequent period. Each one (1) year period during the Term is referred to herein as a
“Contract Year: If Licensee does not timely natty MPLC of Intent to terminate this Agreement il
remain in effect for the entire Contract Year, and Licensee will be responsible for the entire annual fee
due to MPLC hereunder. No refunds or credits will be made by MPLC in the event of early termination
by Licensee.
4. Rights. The public performances authorized by this Agreement shall take place in the Facility(ies)
identified in the Application or as Licensee otherwise notifies, and shall be via any means originally
intended for personal use only including but not limited to DVD, streaming and download. The sole
purpose of such performances is to entertain and/or educate authorized viewers and only employees
that facilitate those performances. No specific titles, or any characters from such titles, or producers’
names will be advertised or publicized to the general public, and no admission or other fee will be
charged to the audience. The exhibitions cannot be used to endorse any goods or services. Works
are defined as motion pictures and other audiovisual programs to which MPLC has received the
Tights to license under the parameters set forth herein.
5. Fee. The agreed license fee for the first Contract Year of this Agreement is specified on the Application,
amount is payable to MPLC. Subsequent Contract Years may include adjustments based on
various factors, including, but not limited to adjustments which: (i) reflect any change from the
previous year's Consumer Price Index (CP1), and/or (i) reflect an increase in the number of facilities
or other factors used to determine the license fee. On an annual basis, or upon request by MPLC,
Licensee shall fumish MPLC with the information MPLC may require to determine the license fee for
subsequent Contract Years. Following such a request, if Licensee does not furnish the requested
information within thirty (30) days prior to expiration, MPLC may independently determine the license
fee for that Contract Year based on its reasonable estimation. The license fee for each subsequent
Contract Year shall be due and payable no later than each anniversary date of the applicable
Contract Year. Late payments for subsequent Contract Years will be subject to a charge of one and
one-half percent (1.5%) of the license fee per month.
6. Restrictions. The specific titles which may be publicly performed by Licensee under this Agreement
are Works produced and/or distributed by MPLC-affilated rightsholder companies only. MPLC
represents that itor its rightsholders may not possess the appropriate rights to certain individual titles,
or, due to the expiration of those rights during the term of this Agreement, MPLC may send Licensee
at any time during the term of this Agreement binding notices that certain titles cannot be or may no
longer be publicly performed under this Agreement. Such notices shall be binding and effective upon
Licensee when received.
7. Legally Obtained Works Only. Licensee may publicly perform only legally obtained Works covered by
this Agreement. The responsibility for obtaining the Works is that of Licensee, and the costs of
acquiring the Works are to be borne solely by Licensee and are separate and distinct from the agreed
public performance license fee.
8. No Other Rights. Licensee may not unlawfully duplicate, edit or otherwise modify the Works obtained
for public performance purposes under this Agreement. Any and all rights not granted to Licensee in
this Agreement are expressly reserved to MPLC and/or its rightsholders.
9. Separate Fees. Any separate fees which may be due to music publishers, or collection societies for
music publishers, for the right to publicly perform the music contained in any of the Works covered by
this Agreement are solely Licensee's responsibilty and are not the responstilty of MPLC. To the
best of MPLC's knowledge, no such separate fees for motion pictures are presently in effect.
10. Assignment. This Agreement may not be assigned by Licensee, without the prior written consent of
MPLC, except that Licensee shall (a) assign this Agreement in connection with a merger,
consolidation or sale of its assets and business, (b) provide MPLC with immediate notice of the
assignment including contact information for the assignee, and (c) guarantee assignee's performance
of all obligations of Licensee under this Agreement. This Agreement may be assigned by MPLC.
1. iability. In the event that a determination is made by a taxing authority or court of any state in
which Licensee conducts business that the activity licensed herein renders MPLC liable for the
payment of a gross receipts, sales, business use or other tax which is based on the amount of
MPLC’s receipts from Licensee, then Licensee shall reimburse and indemnify MPLC within thirty (30)
days of notification therefore for Licensee's pro rata share of any such tax derived from receipts
received from Licensee.
12. Notice. Any notice provided for herein shall be given in person: by first class air mail, postage prepaid;
or by reputable overnight carrier; addressed to the party to be notified as listed on the Application.
The date of personal service or mailing of any such notice shall constitute the date of service.
13. Termination. MPLC reserves the right, exercisable upon thirty (30) days written notice, to terminate
ihis Agreement on account of any breach by Licensee of its Terms and Conditions. In the event of
such termination, there shall be no refund of the license fee. A waiver by MPLC or by Licensee of any
specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent
breach of the same, or any other provision of this Agreement. If any part of this Agreement shall be
determined unenforceable, the remainder of this Agreement shall remain in full force and effect.
14. Legal Fees. In the event MPLC engages a lawyer to enforce its rights under this Agreement by virtue
Of the breach on the part of Licensee, of any term of this Agreement, Licensee agrees to pay the
reasonable costs and legal fees incurred by MPLC.
15. Collection Fees. In the event that MPLC incurs any costs or fees in connection with the collection of
any amounts past due to MPLC hereunder, then Licensee shall be responsible for paying such
amounts to MPLC upon demand, with interest at the rate of nine percent (9%) per annum calculated
from date of demand.
16. Guarantees. Licensee guarantees that the information provided by Licensee is true, correct and
complete in all respects. This Agreement has been duly authorized and constitutes a legal, valid and
binding obligation upon Licensee and is enforceable by its Terms and Conditions which may be
updated by MPLC. In the event that any signature is delivered by facsimile or e-mail delivery of a “pdf”
format data file, such signature shall create a valid and binding obligation with the same force and
effect as if an original signature.
17. Warranty. To the extent that, prior to the commencement date of this Agreement, Licensee may have
infringed upon rights held by MPLC, MPLC hereby agrees that it will not seek legal recourse or assert
any claim for any and all such possible infringements which would have been licensed under this
‘Agreement. MPLC makes this waranty only with respect to rights held by it, and is not empowered
or authorized to make any such representation or warranty with respect to rights held by others.
18. Jurisdiction. The Application and these Terms and Conditions contain the full and complete agreement
between MPLC and Licensee and shall be construed in accordance with the laws of the United
States and the State of California and the parties submit to the nonexclusive jurisdiction of the U.S.
Courts as regards to any claim or matter arising in relation to this Agreement.
Copyright ©2020 Motion Picture Licensing Corporation. All Rights Reserved. “Umbrella License” and
the MPLC name and logo are registered service marks of MPLC.
MPLC 1000NCOA-0120
THE
UMBRELLA
LICENSE’
Copyright compliance for movies,
TV programs, and other content
WHY DO WE NEED A LICENSE?
Movies have long been a great way to entertain, educate,
and inspire. What you may not have considered is that
movies, TV programs, and other content, when purchased,
rented or borrowed, are intended for personal, private use
only. More importantly, they require a license when shown
in public.
The rise of home videocassettes revolutionized the way
consumers viewed movies and created the need for
copyright protection. The Copyright Act was adopted in
1976 to provide guidelines for both the creative community
and consumers.
Noncompliance with the Copyright Act is considered
infringement and carries significant penalties. Fines for
noncompliance start at $750 for each inadvertent
infringement and are as high as $150,000 for each
egregious violation.
Nncoo
National Council on Aging
The National Center On Aging’s National Institute of
Senior Centers (NCOA/NISC) and other leading
industry associations, have partnered with MPLC to
secure a discount on the Umbrella License and
better educate members on the need for copyright
compliance when motion pictures and _ other
audiovisual programs are shown in senior centers.
THE SIMPLE SOLUTION
Founded in 1986, MPLC’s mission is to provide clients and
rights holders with a simple solution for the public viewing of
movies, TV programs, and other content. Since the
introduction of our pioneering Umbrella License, we have
come a long way. Today, MPLC represents nearly 750 rights
holders, and grants the Umbrella License in over 30
countries around the world.
BENEFITS
+ Public performance rights from nearly 750 rights holders.
+ — Enjoy unlimited showings without any reporting
requirements.
+ One license fee based on intended use.
COMMUNITY
* More than 500,000 locations licensed.
+ Seniors and Senior Centers benefit from the Umbrella
License.
+ Together, we create a community that supports the future
of the entertainment we know and love.
COMPLIANCE
* Complete and submit the Umbrella License Application.
+ ACertificate of License will be issued upon receipt of a
completed application.
+ Begin showing movies, TV programs, and other content
immediately.
>)
QUESTIONS & ANSWERS
: We show movies, TV programs, and other content that
we have purchased on DVD or rented through an online
streaming service subscription. Do we still need a license
to view or show it in public?
Yes. The location requires a license regardless of who
owns the content. While you may have rented, borrowed,
or purchased the content, you are only granted the right to
view it for personal, private use, not to perform it in public.
We do not charge admission. Do we still need a license?
: Yes. A license is required regardless of whether an
admission fee is charged. In fact, the Umbrella License
only covers situations where admission is not charged.
We're a nonprofit organization. Do we still need a
license?
: Yes. Under the US Copyright Act, a public performance
license is required for both nonprofit and for-profit
organizations.
Do educational programs at our senior center qualify for a
“face-to-face” teaching exemption?
: No. The educational exemption is narrowly defined and
applies to nonprofit academic institutions that only utilize
movies, TV programs, and other content in instruction, not
when the program is used for entertainment purposes.
We rent out our facility to other groups. Can we be liable
for copyright infringement?
: Yes. The facility owner can be held vicariously liable or
considered a contributory infringer
Does the Umbrella License allow us to show movies
outside?
: No. The Umbrella License only allows for unlimited indoor
exhibitions at your senior center.