Looking to get your machinima video or music out to a fun and exciting audience? If you’re here, chances are you’ve been hand-picked to join our group of talented artists. Congratulations!
Below you will find the Segment License Agreement, but here are a few answers to questions you may have:
[toggle title=”Why is this form needed?”]Because PSTALENT broadcasts on a Sony-owned platform, we must adhere to very strict guidelines which protect all parties, including you. Any and all content we broadcast must be licensed by the legal owner of the content to prevent copyright infringement as required by contract. PSTALENT respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Artists and Producers to do the same.[/toggle]
[toggle title=”Does all content I submit have to be 100% royalty free?”]
Yes. Even if you use sound effects or a quick sound bite of a song. If you have a license to use the audio, please share it with us. We’ll review it to make sure it satisfies the legal requirements. If it was original produced music and you do not have a license, you may have the owner submit a Music Submission here. [/toggle]
[toggle title=”Who owns my segment?”]
You do! Submitting this form does not grant us ownership; only a license to use it. If your content is used as part of a production (mixed in with other content), we may own the production but will not claim ownership to your content.
[toggle title=”Will you sell my segment?”]
No. We will NOT sell your segment without your permission. We currently sell an audio delivery device; a 3D virtual item such as the Junkmobile Sofa/Radio needed to broadcast the content as a whole (the show) but we will not sell songs or segments.
[toggle title=”Who is eligible to submit content?”]
At this time, submission of content is open only to individual legal residents of the 50 United States and the District of Columbia who, at the time of submission, are age 18 or older. This is due to the Agreement as it is only written to cover the United States region. We are working on an International Agreement.
[toggle title=”Are all vocal guests required to grant permission?”]
Yes. If you are producing a show and someone lends their voice for recording (paid guests or not), an Authorization to Use Likeness form is required. This form is widely used in the entertainment industry. We have made it easy for your guests to complete this form; they may do so by visiting this page here.
The following form is needed before any segment can broadcast in PlayStation Home. Please understand, PSTALENT has been working with Sony for several years, we know exactly what it is like having to submit such detailed information but it’s something that cannot be avoided. Some day, when you are a huge success with hundreds of videos or songs floating around, you’ll appreciate all those who protect the assets of your hard work.
TRUE NAMES WILL NOT BE SHARED WITH THE PUBLIC UNLESS APPROVED BY THE CONTENT OWNER
Segment Agreement for PlayStation Home Broadcast
PSTALENT.COM, LLC (“Licensee”), of
3111 East Tahquitz Canyon Way, Suite 148,
Palm Springs, California 92262
In the Agreement, the party who is granting the right to use the licensed property will be referred to as ("Owner"), and the party who is receiving the right to use the licensed property will be referred to as ("Licensee").
WHEREAS, the Owner owns the copyright, publishing rights and all other related rights in and to certain Radio Segment:
The licensing and broadcast of copyrighted musical compositions and/or short-story video productions for use on the internet, on demand streams, podcasts, digital music and audio broadcast devices within a video game environment, and/or for the use of the Segment in a video production to broadcast within a video game environment, internet websites, on-demand video platforms, including but not limited to social media platforms and sharing managed by 3rd parties such as YouTube and any video delivery device managed by Licensees’ Subsidiaries or Affiliates.
GRANT OF LICENSE. Owner owns Segment. In accordance with this Agreement, the Owner hereby grants to the Licensee, its successors, assigns and Affiliates, subject to the terms set forth below, the right, license and privilege to use the Segment for broadcasting throughout the world (“Area”). Owner retains title and ownership of the Segment. The Licensee shall have the right to record, mix and/or embed Segment in video productions for broadcast in the above described geographical Area. The Licensee shall have the right to broadcast Segment on radio channels operated by Licensee or its Affiliates in the above described geographical Area. NOW, THEREFORE, in consideration of the promises, conditions, covenants and warranties herein contained, the parties agree as follows:
PAYMENT OF ROYALTY. Owner grants Licensee, its Subsidiaries and Affiliates a world-wide 100% royalty free license at no cost in trade for Segment name promotion. For Segment(s) used in video production(s); Licensee shall credit the Segment title at the end credits. For radio broadcast; if Segment is played by disk jockey, Segment shall receive credit either before or after Segment is played, within a reasonable amount of time of its play. If song is used in a pre-rendered audio collection, such as a pre-recorded podcast file, Owner may choose to record a personal introduction and Licensee shall watermark the beginning of the Segment with the recorded introduction. If segment is a short-story video, Licensee share present video as is and may include opening and closing credits. Licensee shall make in good-faith every effort to promote radio Segment on radio plays. Owner understands some situations may prevent normal promotion and agrees not to hold Licensee liable for those instances.
RIGHTS AND OBLIGATIONS. Owner reserves unto itself all rights of every kind and nature except those specifically granted to Licensee herein. The Licensee shall be solely responsible for providing all funding and technical expertise for the mixing, recording, synchronization and broadcast of the Segment and shall be the sole owner of the product in which the Segment is used and all proprietary rights in and to it; except, such ownership shall not include ownership of the copyrights and/or publishing rights in and to the Segment or any other rights to the Segment not specifically granted.
PRODUCT PERFORMANCE RIGHTS. In territories where direct performance licenses can be granted, Segment will fall under a direct performance license. In territories where performance licenses must go through Performing Rights Organizations, then local rules will apply and the duty to follow such rules shall fall exclusively on the Licensee. Cue Sheets shall list Segment(s) as derived from the associated Content produced by Licensee and Licensee shall list Owner as both Composer and Publisher. Owner waives Cue Sheet reporting and/or direct performance reporting and does not require Licensee to do so unless required by law. No collection of royalties shall ever be made in so far as the Song is covered by the terms of this Agreement.
MODIFICATIONS. Licensee may not modify or change the Segment in any manner without first obtaining written permission by Owner, except for the embedment of watermarked Owner introduction as described above.
DEFAULTS. If Licensee fails to abide by the obligations of this Agreement, Owner shall have the option to cancel this Agreement by providing 30 days written notice to Licensee. Licensee shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period.
ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
WARRANTIES. Neither party makes any warranties with respect to the use, sale or other transfer of the Segment by the other party or by any third party, and Licensee accepts the product "AS IS." In no event will Licensee be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Segment. Owner fully understands this Agreement does not guarantee the use or broadcast of the Segment on radio, video, website or other broadcast platform. The Licensee shall make no promise to the contrary.
INDEMNIFICATION. The Owner shall indemnify and hold harmless the Licensee, its successors, assigns, Subsidiaries, Affiliates and the respective officers, directors, agents and employees, from and against any and all claims, damages, liabilities, royalties, costs and expenses including reasonable attorneys' fees, arising out of or in any way connected with any claim that the Segment infringes any intellectual property rights or other rights of any third party.
TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties.
TERMINATION. This Agreement shall terminate automatically within 1 year of the execution date of this Agreement. Either party may terminate this Agreement by written notice and/or electronic mail to the other party where there has been a default in the due observance or performance of any material covenant, condition or agreement herein by the other party and such default has continued for a period of thirty days after written notice specifying the same.
EFFECT OF TERMINATION. After termination of this Agreement, all rights granted to Licensee shall revert to Owner, and Licensee will cease from any and all further use of the Segment, except that Licensee may continue to distribute only those approved products in inventory at the time of expiration or termination. Termination or expiration of this Agreement shall not extinguish any of the parties’ obligations under this Agreement including, but not limited to, Licensee, its Subsidiaries and Affiliates’ use as 100% royalty free world wide broadcast which by their terms continue after the date of termination or expiration.
NOTICE. The address of each party hereto as set forth in the beginning shall be the appropriate address for the mailing of notices, if any. All notices shall be sent certified or registered mail and shall not be deemed received or effective unless and until actually received. Either party may change their mailing address by written notice to the other.
AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties; either by electronic signature or in person.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
EXCLUSION OF REMEDIES. WITHOUT LIMITING ANY OF THE DISCLAIMERS OR LIMITATIONS SET FORTH WITHIN THIS AGREEMENT, IN NO EVENT WILL LICENSEE OR, LICENSEE’S SUBSIDIARIES OR AFFILIATES BE LIABLE TO OWNER OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF LICENSEES USE, BROADCAST, NON-BROADCAST OR INABILITY TO USE THE SEGMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR GOODWILL), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION HEADINGS. The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SIGNATURE. Owner and Licensee agree this Agreement may be executed by U.S. postal service, facsimile, electronic transfer or website form submission in whole or in counterpart copies. If this Agreement is submitted via website submission, both parties agree to sign with Electronic Signature. If Electronic Signature is used, Owner and Licensee are agreeing to being subject to the provisions of the U.S. E-SIGN Act (i.e., the Electronic Signatures in Global and National Commerce Act - ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96).
MISCELLANEOUS. This Agreement will be binding upon and inure to the benefit of Owner and Licensee, and our respective successors and permitted assigns. If any provision of this Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Agreement. Any waiver of any breach or failure to enforce any provision of this Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment, supplementation or modification of any provision of this Agreement will be effective only if it is in writing and signed by both parties. This Agreement shall be governed by the laws of the United States and the State of California, irrespective of California's conflicts of laws rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Riverside, California, and Owner and Licensee irrevocably consent to the jurisdiction of such courts and venue in Riverside County, California. This Agreement constitutes the entire agreement between Owner and Licensee with respect to the subject matter of this Agreement.