Suite 601
Alexandria, VA 22314
Phone: (703) 535-8101
FAX: (703) 535-8105
www.aarcroyalties.com
FEATURED RECORDING ARTIST AUTHORIZATION LETTER
Dear Featured Recording Artist:
The Alliance of Artists and Recording Companies (“AARC”) is a non-profit organization that administers hometaping royalties, both domestic (Audio Home Recording Act of 1992 - AHRA) and foreign hometaping royalties for featured artists and record companies and foreign sound recording rental royalties for featured artists.
Under AHRA, you (“Featured Artist”) are a potential “interested copyright party” eligible for a share of the hometaping royalty payments. AARC will represent you before the United States Copyright Royalty Board (“CRB”), or a successor government entity, with regard to AHRA hometaping royalty payments and render other services described below.
AARC will also represent you in foreign countries in connection with royalties you have earned for the hometaping and/or rental of your sound recordings in such countries. Such services will include the negotiations with the society or organization designated to administer the royalties in the foreign country, delivery of any required data to the foreign society or organization, collection of such royalties and distribution of them to you.
Audio Home Recording Act Royalties
In recognition of the services provided to you in connection with AHRA royalties, you agree to authorize AARC to be your sole representative regarding AHRA’s featured recording artists’ subfund. You agree to grant AARC the right to act on your behalf in connection with any and all activities related to the subfund, including the filing of claims before the CRB, and the initiation or settlement of, and participation in, any proceedings, hearings, litigation, appeals or other actions before the CRB, and any other U.S. agency or court, or with any other claimant, in connection with AHRA.
You agree to allow AARC to establish the mechanisms and operating procedures necessary to accurately and efficiently acquire data for purposes of calculating AHRA hometaping royalty distributions, process claims before the CRB, and distribute hometaping royalties to you. Additionally, you agree to provide to AARC accurate and timely information regarding your entitlement to hometaping royalties, such as sound recording titles, release dates and configuration types.
Foreign Hometaping Royalties
In recognition of the services provided to you in connection with the administration of foreign hometaping royalties, you agree to authorize AARC to be your sole representative regarding foreign hometaping royalties. By authorizing AARC to represent you in connection with foreign hometaping royalties, you agree to allow AARC to establish the mechanisms and operating procedures necessary to accurately and efficiently acquire data for purposes of calculating hometaping royalty distribution, represent you before the relevant bodies in foreign countries for any hearings, proceedings, litigation or appeals, and distribute your portion of the hometaping royalties to you. You agree to grant AARC the right to act on your behalf in connection with any and all activities related to foreign hometaping royalties. You agree to provide us, where necessary, accurate and timely information regarding your entitlement to these royalties.
Foreign Sound Recordings Rental Royalties
In recognition of the services provided to you in connection with the administration of foreign rental royalties, you agree to authorize AARC to be your sole representative regarding foreign rental royalties. By authorizing AARC to represent you in connection with foreign rental royalties, you agree to allow AARC to establish the mechanisms and operating procedures necessary to accurately and efficiently acquire data for purposes of calculating rental royalty distribution, represent you before the relevant bodies in foreign countries for any hearings, proceedings, litigation or appeals, and distribute your portion of the rental royalties to you. You agree to grant AARC the right to act on your behalf in connection with any and all activities related to foreign rental royalties. You agree to provide us, where necessary, accurate and timely information regarding your entitlement to these royalties.
Fees
AARC will deduct its administrative expenses from the hometaping and/or rental royalties it collects. The administrative expenses must be approved by the AARC Board, which consists of 13 artist representatives and 13 record company executives. You will have access to AARC records to verify the royalties collected on your behalf.
You hereby grant to AARC the following rights in your share of any domestic and/or foreign hometaping royalties and/or any foreign rental royalties: If AARC is unable to distribute your share of these royalties (e.g., because you do not provide necessary information or AARC is unable to locate you at the time a distribution is to be made), AARC shall retain your royalties, and solicit such information or try to locate you, for a period of three years from the date the royalties shall have become payable. At the end of such period, all right, title and interest to such hometaping and/or rental royalties shall fully and absolutely vest in AARC, which may use the unclaimed funds to distribute to all Featured Artists and to pay expenses as described above, and the Featured Artist will have no further right, title, interest or claim to such royalties.
To authorize AARC to represent you in connection with AHRA, foreign hometaping royalties, and foreign rental royalties, please sign this Letter Agreement.
Finally, this Letter Agreement will remain in effect until terminated in writing via registered mail upon 60 days notice by either party; provided, however, that the AARC will continue to be authorized to represent you under the terms of this Letter Agreement with respect to any claims filed or proceedings commenced prior to the effective date of termination.
AGREED TO BY THE FEATURED ARTIST
ARTIST NAME:
FORM COMPLETED BY:
AFFILIATION WITH ARTIST:
TELEPHONE: DATE:
SIGNATURE REQUIRED X ______________________ |