American Society for Collective Rights Licensing
ASCRL Membership Agreement
PART I.
QUALIFING FOR AND MAINTAINING ASCRL MEMBERSHIP.
A. Eligibility.
You warrant and represent that you meet the eligibility requirements for membership in ASCRL because one or more of the following apply to you:
(i) You are a United States Citizen and you are:
the Author of photographic and / or visual artwork that has been published in the United States and / or in a Foreign Country, and / or
the Owner of Copyright in photographic and / or visual artwork that has been published in the United States and or in a Foreign Country, or
(ii) You are a Foreign National and you are:
the Author of photographic and / or other visual art work that is published in the United States (a U.S. publication) that is distributed outside of the United States, and / or
a Copyright Owner in photographic and /or other visual artwork published in the United States (a U.S. Publication) that is distributed outside of the United States.
B. Duplication of Membership Prohibited.
You agree that you shall submit no more than one Membership Agreement and ASCRL Mandate for the work of which you are author and or copyright owner (even if you own copyright in the works of other authors).
You shall not submit a Membership Agreement in the name of any other person, firm, or entity, if you, or a person, firm, or entity owned or controlled by you, owns or controls the other person, firm or entity, or if you, receive reprographic funds from ASCRL through such other person, firm, or entity.
A registration shall be deemed to be in Your name if it is in your name, or in the name of a person firm or entity owned or controlled by you, or if you receive reprographic funds from such entity.
For the purposes of this agreement the term You means and refers to the author or copyright owner who is the subject of the Membership Agreement and ASCRL Mandate; the term You does not refer to such person’s agent.
C. Splitting Claims Prohibited.
You shall not appoint or assign to any person, firm, or entity, to qualify for, to create eligibility for, or to receive, (nor shall you form any enterprise the function of which is to qualify for, to create eligibility for, or to receive) a duplicate or overlapping distribution of the reprographic funds for which you may become eligible as an ASCRL Member.
D. Membership Information.
You agree to provide true and accurate information concerning your registration, eligibility for distributions, publication information, and distribution information including, but not limited to, contact information, tax identification, bank information for distributions, repertory information, and your publications (including their number and frequency). You shall keep and maintain any information that you use for the purposes of reporting your publication history (including, without limitation, copies of the publications of the works that you report for qualification for eligibility, any that you report for publication frequency, and any that you report for author and or title specific distributions). You shall provide to ASCRL proof of the publication information, if requested by ASCRL, within thirty (30) days of ASCRL’s request for the information. If you violate the terms of this provision of the ASCRL Membership Agreement, ASCRL may, without waiver of any other remedy, and without constituting an election of remedies, cancel any pending distributions to you, withhold further distributions to you, seek reimbursement of distributions for which records are requested and not provided, and or terminate your membership, in addition to seeking any other remedy available in law and in equity. If you willfully provide false information causing ASCRL to distribute funds to you to which you are not entitled, ASCRL shall be entitled to recover from you three (3) times the amount of any distribution issued to you or your designated agent, plus any legal fees and or costs that ASCRL incurs for the purposes of obtaining the recovery.
E. Legal Status of Members
(i) Pursuant to section 404.01(c) of the District of Columbia Corporation Law, and subject to the limitations of Section 29-401.02(24) an author or visual arts copyright owner may become a Member in ASCRL (“ASCRL Member”) by executing in accordance with ASCRL policies and rules, and the directives of the ASCRL Board of Directors, the ASCRL Mandate and ASCRL Membership Agreement; provided , however, that no membership is created until such time as the membership is approved by the ASCRL Board of Directors, or any committee it establishes for the purposes of determining membership rule compliance.
(ii) Pursuant to Title 29, Section 404.01(c) of the District of Columbia Corporation Law, the articles of incorporation or bylaws of a nonprofit Corporation in the District of Columbia may designate a person as a “member” who is not within the legal definition of a “member” under the District of Columbia Corporation Law § 29-401.02(24). Such a person, regardless of designation as a member in this ASCRL Membership Agreement, shall not be deemed a “member” as that term is used in the District of Columbia Corporation Law Title 29. Because you shall not be deemed to be a member as the term is used in the District of Columbia Corporation Law, you shall not have the obligations or rights of a member therein set forth. Your terms of your membership are those that are set forth in this ASCRL Membership Agreement, the ASCRL by-laws, and the ASCRL articles of incorporation.
QUALIFING FOR AND MAINTAINING ASCRL MEMBERSHIP.
A. Eligibility.
You warrant and represent that you meet the eligibility requirements for membership in ASCRL because one or more of the following apply to you:
(i) You are a United States Citizen and you are:
the Author of photographic and / or visual artwork that has been published in the United States and / or in a Foreign Country, and / or
the Owner of Copyright in photographic and / or visual artwork that has been published in the United States and or in a Foreign Country, or
(ii) You are a Foreign National and you are:
the Author of photographic and / or other visual art work that is published in the United States (a U.S. publication) that is distributed outside of the United States, and / or
a Copyright Owner in photographic and /or other visual artwork published in the United States (a U.S. Publication) that is distributed outside of the United States.
B. Duplication of Membership Prohibited.
You agree that you shall submit no more than one Membership Agreement and ASCRL Mandate for the work of which you are author and or copyright owner (even if you own copyright in the works of other authors).
You shall not submit a Membership Agreement in the name of any other person, firm, or entity, if you, or a person, firm, or entity owned or controlled by you, owns or controls the other person, firm or entity, or if you, receive reprographic funds from ASCRL through such other person, firm, or entity.
A registration shall be deemed to be in Your name if it is in your name, or in the name of a person firm or entity owned or controlled by you, or if you receive reprographic funds from such entity.
For the purposes of this agreement the term You means and refers to the author or copyright owner who is the subject of the Membership Agreement and ASCRL Mandate; the term You does not refer to such person’s agent.
C. Splitting Claims Prohibited.
You shall not appoint or assign to any person, firm, or entity, to qualify for, to create eligibility for, or to receive, (nor shall you form any enterprise the function of which is to qualify for, to create eligibility for, or to receive) a duplicate or overlapping distribution of the reprographic funds for which you may become eligible as an ASCRL Member.
D. Membership Information.
You agree to provide true and accurate information concerning your registration, eligibility for distributions, publication information, and distribution information including, but not limited to, contact information, tax identification, bank information for distributions, repertory information, and your publications (including their number and frequency). You shall keep and maintain any information that you use for the purposes of reporting your publication history (including, without limitation, copies of the publications of the works that you report for qualification for eligibility, any that you report for publication frequency, and any that you report for author and or title specific distributions). You shall provide to ASCRL proof of the publication information, if requested by ASCRL, within thirty (30) days of ASCRL’s request for the information. If you violate the terms of this provision of the ASCRL Membership Agreement, ASCRL may, without waiver of any other remedy, and without constituting an election of remedies, cancel any pending distributions to you, withhold further distributions to you, seek reimbursement of distributions for which records are requested and not provided, and or terminate your membership, in addition to seeking any other remedy available in law and in equity. If you willfully provide false information causing ASCRL to distribute funds to you to which you are not entitled, ASCRL shall be entitled to recover from you three (3) times the amount of any distribution issued to you or your designated agent, plus any legal fees and or costs that ASCRL incurs for the purposes of obtaining the recovery.
E. Legal Status of Members
(i) Pursuant to section 404.01(c) of the District of Columbia Corporation Law, and subject to the limitations of Section 29-401.02(24) an author or visual arts copyright owner may become a Member in ASCRL (“ASCRL Member”) by executing in accordance with ASCRL policies and rules, and the directives of the ASCRL Board of Directors, the ASCRL Mandate and ASCRL Membership Agreement; provided , however, that no membership is created until such time as the membership is approved by the ASCRL Board of Directors, or any committee it establishes for the purposes of determining membership rule compliance.
(ii) Pursuant to Title 29, Section 404.01(c) of the District of Columbia Corporation Law, the articles of incorporation or bylaws of a nonprofit Corporation in the District of Columbia may designate a person as a “member” who is not within the legal definition of a “member” under the District of Columbia Corporation Law § 29-401.02(24). Such a person, regardless of designation as a member in this ASCRL Membership Agreement, shall not be deemed a “member” as that term is used in the District of Columbia Corporation Law Title 29. Because you shall not be deemed to be a member as the term is used in the District of Columbia Corporation Law, you shall not have the obligations or rights of a member therein set forth. Your terms of your membership are those that are set forth in this ASCRL Membership Agreement, the ASCRL by-laws, and the ASCRL articles of incorporation.
