American Society for Collective Rights Licensing
ASCRL MEMBERSHIP AGREEMENT
PART II.
YOUR AUTHORIZATION TO ASCRL
THE ASCRL MANDATE.
The term ASCRL Mandate shall mean and refer to this Part II of the ASCRL Membership Agreement, which is subject to all of the terms and provisions of the ASCRL Membership Agreement.
A. ASCRL Representation.
By becoming an ASCRL Member, and by agreeing to this ASCRL Mandate, you give to ASCRL the sole and exclusive right to represent for all purposes the Reprographic Rights in the visual work that you have authored and in any in which you own copyright in accordance with the terms of this ASCRL Mandate.
B. Collection, Administration, and Distribution.
In connection with its representation of the Reprographic Rights, ASCRL will collect, administer, and distribute the reprographic funds covered by this ASCRL Mandate in its own name, subject to the terms of the Mandate, and in accordance with the ASCRL Membership Agreement (as either or both may be amended from time to time by ASCRL’s Board of Directors).
C. Ancillary Authorizations.
For the purposes of representing the Reprographic Rights, and or collecting, administering, and distributing the reprographic funds covered by this Mandate you also grant to ASCRL any nonexclusive rights, and incidental authorizations, that may be necessary for, or incidental to, ASCRL’s accomplishment of the purposes stated in this Mandate.
D. Authority to Negotiate and Represent in Foreign Governmental Proceedings & Audits.
You authorize ASCRL to represent your Reprographic Rights in connection with rate setting proceedings under foreign law, foreign administrative actions, foreign hearings, foreign litigation, and foreign appeals in connection with your Reprographic Rights and or reprographic funds. You further authorize ASCRL to settle audit claims limited to underpayment of reprographic funds identified by an auditor retained by ASCRL and brought to recover reprographic funds under foreign laws and regulations, provided such audit settlements are approved by the ASCRL Board of Directors or an appropriate committee thereof. Amounts recovered from such audit shall be distributed in accordance with ASCRL’s then in effect distribution policies. You shall not similarly authorize any other person or entity to undertake such activities on a collective basis for You as an author or owner of copyright in visual work.
E. Enforcement of Mandate. [2.13.2019]
ASCRL does not pursue copyright infringement claims for the violation of any copyright that you may hold under U.S. law (Title 17 of the United States Code, Section 106). You therefore authorize ASCRL to enforce only the Reprographic Rights and to collect the Reprographic Revenues granted in the ASCRL Mandate and ASCRL is authorized in its sole judgment and at its sole expense: (i) to commence and prosecute litigation, in the name of ASCRL, its members, or others in whose name the Reprographic Rights are owned (or controlled) and in which for a Member they may be held; (ii) to collect and receive damages arising from infringement of the Reprographic Rights; (iii) to join a Member or others in whose names visual works owned (or controlled) by a Member may be held as parties plaintiff or defendant in any litigation involving such Reprographic Rights; or (iv) to release, compromise, or refer to arbitration any claims or actions involving infringement of such rights, in the same manner and to the same extent as the Member could. You hereby make, constitute, and appoint ASCRL, or its designated successor, as your true and lawful attorney in fact, irrevocably during the term of the ASCRL Membership Agreement, to do at ASCRL’s election all acts, take all proceedings, and execute, acknowledge and deliver any and all instruments, papers, documents, process and pleadings that may be necessary, proper or expedient to restrain infringements and recover damages relating to the infringement or other violation of your Reprographic Rights and to discontinue, compromise or refer to arbitration any such proceedings or actions, or to make any other disposition of the differences in relation thereto, in the name of ASCRL or its successor, or in the name of any Member or otherwise. Amounts recovered from such enforcement shall be distributed in accordance with ASCRL’s then in effect distribution policies, after recoupment of and net of applicable legal fees and costs.
F. Conflicting Mandates.
(i) Priority of this Agreement and Mandate.
You direct and agree that, while this ASCRL Membership Agreement and the ASCRL Mandate are in effect, the ASCRL Membership Agreement and the ASCRL Mandate shall supersede any conflicting or inconsistent provisions of any other membership agreement or mandate or authorization given at any time by you for any work that you have authored or in which you own copyright, except for any future agreement or mandate that is authorized by ASCRL.
(ii) Revocation of Conflicting Mandates.
You also direct and agree that the ASCRL Membership Agreement and ASCRL Mandate revoke and nullify any and all conflicting or inconsistent mandates and authorizations that you give, or have given, to any other entity or person that is collecting the reprographic funds that are covered by the ASCRL Membership Agreement and ASCRL Mandate while they are in effect.
G. Covered Works.
Your Mandate applies to Reprographic Rights and reprographic funds for any visual work of which you are the author and to any in which you own copyright, including your existing and future visual work(s) (except if you are a Foreign National it does not apply to any visual work of which you are the author or in which you own copyright that is published outside of the United States). (Future work(s) include visual works created by you after you submit your Mandate and while your Mandate remains in effect, and to visual work(s) in which you become the copyright owner after you submit your Mandate and while your Mandate remains effect).
H. Modifications and Revisions to the ASCRL Mandate.
The terms of this ASCRL Mandate may be modified by ASCRL at any time for any reason. Such revised terms shall be published on the ASCRL website. You shall be responsible for monitoring the ASCRL website for changes and revisions to the terms of this Mandate. Any revised terms shall become binding upon you effective sixty (60) days from publication, unless you terminate your ASCRL Membership and Mandate in accordance with the terms of this agreement.
I. Termination.
You may terminate the authorizations you are providing in this ASCRL Mandate by terminating your ASCRL Membership in accordance with the ASCRL Membership Agreement. If you terminate your ASCRL Membership, ASCRL will cease to represent your Reprographic Rights after the effective date of termination (unless you rejoin), and accordingly, as of the effective date of termination, the authorizations that you have given to ASCRL in the ASCRL Mandate, Part II, paragraphs A, B (insofar as it applies to you), C, G, and E, shall cease to be in effect. The other terms of the ASCRL Membership Agreement and ASCRL Mandate shall survive and continue after termination to govern any rights and or obligations that existed or that were created, prior to the effective date of termination.
PART II.
YOUR AUTHORIZATION TO ASCRL
THE ASCRL MANDATE.
The term ASCRL Mandate shall mean and refer to this Part II of the ASCRL Membership Agreement, which is subject to all of the terms and provisions of the ASCRL Membership Agreement.
A. ASCRL Representation.
By becoming an ASCRL Member, and by agreeing to this ASCRL Mandate, you give to ASCRL the sole and exclusive right to represent for all purposes the Reprographic Rights in the visual work that you have authored and in any in which you own copyright in accordance with the terms of this ASCRL Mandate.
B. Collection, Administration, and Distribution.
In connection with its representation of the Reprographic Rights, ASCRL will collect, administer, and distribute the reprographic funds covered by this ASCRL Mandate in its own name, subject to the terms of the Mandate, and in accordance with the ASCRL Membership Agreement (as either or both may be amended from time to time by ASCRL’s Board of Directors).
C. Ancillary Authorizations.
For the purposes of representing the Reprographic Rights, and or collecting, administering, and distributing the reprographic funds covered by this Mandate you also grant to ASCRL any nonexclusive rights, and incidental authorizations, that may be necessary for, or incidental to, ASCRL’s accomplishment of the purposes stated in this Mandate.
D. Authority to Negotiate and Represent in Foreign Governmental Proceedings & Audits.
You authorize ASCRL to represent your Reprographic Rights in connection with rate setting proceedings under foreign law, foreign administrative actions, foreign hearings, foreign litigation, and foreign appeals in connection with your Reprographic Rights and or reprographic funds. You further authorize ASCRL to settle audit claims limited to underpayment of reprographic funds identified by an auditor retained by ASCRL and brought to recover reprographic funds under foreign laws and regulations, provided such audit settlements are approved by the ASCRL Board of Directors or an appropriate committee thereof. Amounts recovered from such audit shall be distributed in accordance with ASCRL’s then in effect distribution policies. You shall not similarly authorize any other person or entity to undertake such activities on a collective basis for You as an author or owner of copyright in visual work.
E. Enforcement of Mandate. [2.13.2019]
ASCRL does not pursue copyright infringement claims for the violation of any copyright that you may hold under U.S. law (Title 17 of the United States Code, Section 106). You therefore authorize ASCRL to enforce only the Reprographic Rights and to collect the Reprographic Revenues granted in the ASCRL Mandate and ASCRL is authorized in its sole judgment and at its sole expense: (i) to commence and prosecute litigation, in the name of ASCRL, its members, or others in whose name the Reprographic Rights are owned (or controlled) and in which for a Member they may be held; (ii) to collect and receive damages arising from infringement of the Reprographic Rights; (iii) to join a Member or others in whose names visual works owned (or controlled) by a Member may be held as parties plaintiff or defendant in any litigation involving such Reprographic Rights; or (iv) to release, compromise, or refer to arbitration any claims or actions involving infringement of such rights, in the same manner and to the same extent as the Member could. You hereby make, constitute, and appoint ASCRL, or its designated successor, as your true and lawful attorney in fact, irrevocably during the term of the ASCRL Membership Agreement, to do at ASCRL’s election all acts, take all proceedings, and execute, acknowledge and deliver any and all instruments, papers, documents, process and pleadings that may be necessary, proper or expedient to restrain infringements and recover damages relating to the infringement or other violation of your Reprographic Rights and to discontinue, compromise or refer to arbitration any such proceedings or actions, or to make any other disposition of the differences in relation thereto, in the name of ASCRL or its successor, or in the name of any Member or otherwise. Amounts recovered from such enforcement shall be distributed in accordance with ASCRL’s then in effect distribution policies, after recoupment of and net of applicable legal fees and costs.
F. Conflicting Mandates.
(i) Priority of this Agreement and Mandate.
You direct and agree that, while this ASCRL Membership Agreement and the ASCRL Mandate are in effect, the ASCRL Membership Agreement and the ASCRL Mandate shall supersede any conflicting or inconsistent provisions of any other membership agreement or mandate or authorization given at any time by you for any work that you have authored or in which you own copyright, except for any future agreement or mandate that is authorized by ASCRL.
(ii) Revocation of Conflicting Mandates.
You also direct and agree that the ASCRL Membership Agreement and ASCRL Mandate revoke and nullify any and all conflicting or inconsistent mandates and authorizations that you give, or have given, to any other entity or person that is collecting the reprographic funds that are covered by the ASCRL Membership Agreement and ASCRL Mandate while they are in effect.
G. Covered Works.
Your Mandate applies to Reprographic Rights and reprographic funds for any visual work of which you are the author and to any in which you own copyright, including your existing and future visual work(s) (except if you are a Foreign National it does not apply to any visual work of which you are the author or in which you own copyright that is published outside of the United States). (Future work(s) include visual works created by you after you submit your Mandate and while your Mandate remains in effect, and to visual work(s) in which you become the copyright owner after you submit your Mandate and while your Mandate remains effect).
H. Modifications and Revisions to the ASCRL Mandate.
The terms of this ASCRL Mandate may be modified by ASCRL at any time for any reason. Such revised terms shall be published on the ASCRL website. You shall be responsible for monitoring the ASCRL website for changes and revisions to the terms of this Mandate. Any revised terms shall become binding upon you effective sixty (60) days from publication, unless you terminate your ASCRL Membership and Mandate in accordance with the terms of this agreement.
I. Termination.
You may terminate the authorizations you are providing in this ASCRL Mandate by terminating your ASCRL Membership in accordance with the ASCRL Membership Agreement. If you terminate your ASCRL Membership, ASCRL will cease to represent your Reprographic Rights after the effective date of termination (unless you rejoin), and accordingly, as of the effective date of termination, the authorizations that you have given to ASCRL in the ASCRL Mandate, Part II, paragraphs A, B (insofar as it applies to you), C, G, and E, shall cease to be in effect. The other terms of the ASCRL Membership Agreement and ASCRL Mandate shall survive and continue after termination to govern any rights and or obligations that existed or that were created, prior to the effective date of termination.
