American Society for Collective Rights Licensing
ASCRL MEMBERSHIP AGREEMENT
PART III.
A. Reprographic Rights
[Revised 12.11.2018]
The “Reprographic Rights” covered by the ASCRL Membership Agreement and the ASCRL Mandate include those rights that are derived from:
(i) Statutory systems in foreign countries where foreign law establishes permissible uses and rates.
(ii) Compulsory systems in foreign countries where foreign law establishes permissible uses and where the rates are negotiated by a foreign collective.
(iii) Extended compulsory systems in foreign countries in which foreign law establishes permissible uses and where rates are negotiated by a foreign collective and where non collective members may apply for funds.
(iv) Mandatory administrative systems in foreign countries where foreign law mandates that administration of use fees takes place through a collective.
(v) Obligatory collective systems in foreign countries where, under foreign law, the administration of rights is voluntary but the foreign law mandates that rights owners be represented by a collective for administration.
(vi) Operator, equipment,copier, and or media tax and or levy systems in foreign countries where foreign law mandates taxes, levies, fees, and other collections for operators, equipment, andor copying (including for example and without limitation private copying) in a foreign country.
(vii) Collective systems in foreign countries where uses, rates, and or fees are established or negotiated by a foreign collective.
(viii) Additional rights that may be recognized by foreign countries under foreign legal systems, where such legal systems provide for involuntary representation or administration of rights and do not require the consent of copyright owners or authors for the purpose of collecting, administering, and or distributing funds (including, without limitation, public lending and or library lending rights).
B. Exclusions For Member’s Copyright and Direct Licensing
As a collecting society, ASCRL does not engage in the direct, primary, individual licensing of your work, and ASCRL does not obtain the copyright in your work. You remain the owner of any copyrights in which you are vested and you are free to engage in any licensing activity that the law may allow.
In the ASCRL Mandate and in the Membership Agreement you are only authorizing ASCRL to represent Reprographic Rights, and to collect, administer, and to distribute reprographic funds for “visual work” (including photographic and other visual artworks) that derive from foreign countries with legal systems that require or allow that such funds be collected, administered, and distributed on a collective basis.
C. Reprographic Funds.
The “reprographic funds” covered by this Mandate include any and all funds that may be received by ASCRL that are derived from foreign Reprographic Rights from organizations and /or foreign collecting societies under foreign law.
PART III.
A. Reprographic Rights
[Revised 12.11.2018]
The “Reprographic Rights” covered by the ASCRL Membership Agreement and the ASCRL Mandate include those rights that are derived from:
(i) Statutory systems in foreign countries where foreign law establishes permissible uses and rates.
(ii) Compulsory systems in foreign countries where foreign law establishes permissible uses and where the rates are negotiated by a foreign collective.
(iii) Extended compulsory systems in foreign countries in which foreign law establishes permissible uses and where rates are negotiated by a foreign collective and where non collective members may apply for funds.
(iv) Mandatory administrative systems in foreign countries where foreign law mandates that administration of use fees takes place through a collective.
(v) Obligatory collective systems in foreign countries where, under foreign law, the administration of rights is voluntary but the foreign law mandates that rights owners be represented by a collective for administration.
(vi) Operator, equipment,copier, and or media tax and or levy systems in foreign countries where foreign law mandates taxes, levies, fees, and other collections for operators, equipment, andor copying (including for example and without limitation private copying) in a foreign country.
(vii) Collective systems in foreign countries where uses, rates, and or fees are established or negotiated by a foreign collective.
(viii) Additional rights that may be recognized by foreign countries under foreign legal systems, where such legal systems provide for involuntary representation or administration of rights and do not require the consent of copyright owners or authors for the purpose of collecting, administering, and or distributing funds (including, without limitation, public lending and or library lending rights).
B. Exclusions For Member’s Copyright and Direct Licensing
As a collecting society, ASCRL does not engage in the direct, primary, individual licensing of your work, and ASCRL does not obtain the copyright in your work. You remain the owner of any copyrights in which you are vested and you are free to engage in any licensing activity that the law may allow.
In the ASCRL Mandate and in the Membership Agreement you are only authorizing ASCRL to represent Reprographic Rights, and to collect, administer, and to distribute reprographic funds for “visual work” (including photographic and other visual artworks) that derive from foreign countries with legal systems that require or allow that such funds be collected, administered, and distributed on a collective basis.
C. Reprographic Funds.
The “reprographic funds” covered by this Mandate include any and all funds that may be received by ASCRL that are derived from foreign Reprographic Rights from organizations and /or foreign collecting societies under foreign law.
