Recording online makes it impossible for the commissioning person to know how much time is being spent on a recording, hence our use of a fee-per-track pricing method.  Bull Horns Online undertake to organize the recording schedule such that the rates of pay reflect or surpass current Musician’s Union agreements on minimum rates of pay.

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By using the Bull Horns Online online recording service you, the Client, agree and are bound by the following terms of service:

 

BPI members and MCPS Library Music Producers:

 

1. Any Commissioning Record Label that is a BPI member will be required to employ any musicians working for Bull Horns Online on the basis of the New BPI & MU Agreement, which can be viewed at "http://www.musiciansunion.org.uk/advice-downloads/public-resources/" whereby the Commissioning Record Label and Musician shall mutually complete and sign a Session Agreement as described in the New BPI & MU Agreement, which can also be viewed at the above address.

 

2. Any Commissioning Library Music Producer who on or after 1 January 2011 is listed in the MCPS Directory of production music libraries as a "Production Music Library", and whose primary business purpose is the creation and exploitation of library music , will be required to employ any musicians working for Bull Horns Online on the basis of the MU LPAG Approved Library Agreement, which can be viewed at "http://www.musiciansunion.org.uk/advice-downloads/writing-recording/2012/02/01/media-contracts/" whereby the Commissioning Library Music Producer and Musician shall mutually complete and sign a copy of the MU Standard Library Agreement Consent Form.

 

3. With regard to Arranging/Music Preparation, any Commissioning Record Label or Commissioning Library Music Producer who falls under the afore-mentioned Agreements shall be required to abide by the MU Fee Guidelines For Arranging/Music Preparation, which can be viewed at " http://www.musiciansunion.org.uk/advice-downloads/2010/05/10/arranging-and-copying/" whereby the Commissioning Record Label or Commissioning Library Music Producer and Arranger/Writer shall mutually complete and sign a copy of the MU Music Writers' Section Terms And Conditions, which can also be viewed at the above address.

 

All other Clients:

 

All other recordings undertaken by Bull Horns Online shall be subject to the following conditions:

 

 

FEES:

Fees will be discussed in the initial phone call and full details of our price structure will be provided in the initial consultation email.

 

 

THE PROCESS:

Initial Discussion:  During this discussion we will finalise all details of the project and take the Client's company name (where applicable), address, telephone number and email address.  These details will be kept confidential.

 

Project Definition: Once an initial discussion has taken place online or by phone, Bull Horns Online will send an email specifying the details of the Project and the agreed pricing.  Bull Horns Online will begin the Project upon receipt of written confirmation of receipt of the afore-mentioned email, and agreement to the contents therein.

 

Turnaround Time:  This is seven days from receipt of payment.  Shorter turnaround times can be negotiated.

 

Preview:  Once the Project has been completed a preview will be sent to the Client as a high quality mp3 containing both the original backing track and the new tracks.  Bull Horns Online will endeavor to ensure that a minimum of further editing is required prior to mixing.

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Modifications: We will perform one free modification for each project, defined as a change of the recorded preview (not a complete re-take).  If we consider the modification to be a major one, we reserve the right to charge more to perform it.  All modification requests must be sent within two weeks of receiving the preview.  All further modifications will be charged at a rate to be negotiated.

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Payment:  Once you are satisfied with the track we will then require payment in full.  For the purposes of speed we require all payments by BACS.  Full account details for this purpose will be made available to you.

 

Re-Takes: Complete retakes will cost an additional 80% of the original total Project price.

 

Shipping: We will send the final horn tracks as WAVs, via either YouSendIt, Hightail or Dropbox, as you prefer.  Discs can be provided at cost of production and postage and packing, but you must let us know if you require this during our initial discussion of the project.

 

Storage: Bull Horns Online will store your tracks for 2 months from completion of the project. It is your responsibility to download and store the tracks within that period.

 

 

GRANT OF RIGHTS:

In respect of each Project for which the Musician(s) are engaged, the following grant of rights shall apply:

 

In consideration of the payment by the Client to the Musician(s) of the relevant Project Fee, the Musician:

 

(a) assigns the entire copyright (to the full extent that the Musician owns such copyright) in and to the Audio Recording to the Client throughout the world for the full period of copyright and all extensions and/or renewals and/or revivals thereof;

 

(b) grants all such consents as may be necessary to enable the Client (and any party authorised by the Client) to use, and authorise others to use throughout the world in any and all media by any and all means now known or developed in the future the Audio Recording and without prejudice to the generality of the foregoing, this sub-clause shall be deemed to grant any consent required by the Copyright Designs and Patents Act 1988 and any statutory modification or re-enactment thereof in respect of the Musician’s services;

 

(c) waives all so-called “moral rights” or similar rights now existing or created in the future in any part of the world in respect of the Audio Recording or

to the extent that such rights cannot be waived in any part of the world the Musician undertakes not to enforce any such rights against the Client and/or its licensees and/or assignees;

 

(d) grants to the Client the exclusive rental and lending rights in and to the Audio Recording which the Musician may have at the date hereof, or which may after the date hereof be conferred on the Musician, whether pursuant to the Copyright and Related Rights Regulations 1996 or otherwise; and

 

(e) grants to the Client the right to use, and to authorise others to use, the Musician’s name and professional name, approved likeness and approved biography in all media in connection with any usage of the Audio Recording (including without limitation the advertising, publicising and sale of Records embodying the Audio Recording including without limitation any digital transmissions embodying the Audio Recording).

 

Without prejudice to the generality of the grant of rights set out above, the Client shall have the perpetual, sole and exclusive worldwide right to exploit (or not to exploit as the Client shall determine at its sole election) and/or authorise any third party to exploit the Audio Recording in any way (including, for the avoidance of doubt, by way of Commercial Use or Promotional Use) without any further reference to the Musician and without any further remuneration to the Musician other than the relevant Project Fee.

 

Notwithstanding the foregoing:

 

(i) if a Client shall use or authorise the use of an Audio Recording by means of a so-called “backing track” in connection with a Commercial Live Performance it shall pay to the Musician(s) a fee agreed between the Client and the Musician(s) following good faith negotiation between the Client and the Musician(s) on a case by case basis (and Bull Horns Online’s receipt of any agreed fee shall be deemed to be a valid discharge of the Client's obligation to make payment to the relevant Musician). In the event that a Client wishes to use or authorise the use of an Audio Recording by means of a so-called “backing track” in connection with a Commercial Live Performance, it shall notify the relevant Musician(s) and/or Bull Horns Online (on the Musician(s) behalf) prior to such use. The Musician(s) and the respective Client shall use all reasonable endeavours to agree a fee for such use in accordance with this Clause within 60 days of such notification; and

 

(ii) the Client's right to synchronise or authorise the synchronisation of the Audio Recording with a film, TV programme or advertisement (where the Audio Recording is not being specifically featured, promoted or advertised in the film, TV programme or advertisement) is without prejudice to any right that Bull Horns Online has to negotiate and collect payment in relation to the Musician(s) performance(s) embodied in the relevant Audio Recording from the producer of that film, TV programme or advertisement.

 

The payment of the Project Fee shall represent full, sufficient, reasonable and equitable remuneration for any and all lending and rental rights in respect of the Audio Recording.

 

 

CREDITS:

Notwithstanding anything to the contrary contained in this Agreement the Client shall use its reasonable endeavours where practicable and bearing in mind commercial and artistic considerations to procure a credit identifying each Musician whose recorded performance is embodied on a Record or Audiovisual Device on the packaging or liner or sleeve notes of such Record, and in the end credits of such Audiovisual Device.

 

 

WARRANTIES:

The Client is the rightful owner of the Recording and/or Composition they send to Bull Horns Online, and all elements contained therein and warrants that it does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If the Client is not the rightful owner then they warrant to Bull Horns Online that they have the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the Master Recording and/or Composition. The Client agrees to indemnify Bull Horns Online, its agents or assignees and hold them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable legal fees and court costs, arising out of any failure or breach by the Client with respect to its warranties as set forth in these Terms of Use.

 

Bull Horns Online is not responsible for loss or damages caused by using its services.  The customer waives the right to bring any legal action(s) against Bull Horns Online and/or its Musician(s) due to any damages or loss, financial or otherwise, resulting from customer’s use of our services.  Bull Horns Online reserves the right to refuse service at its discretion and/or terminate service at any time.  These Terms of Service may be amended at any time without notice.

 

 

PRIVACY:

Bull Horns Online will not share any personally identifiable information with anyone for any reason without your express permission, excepting only in the case of harassment of the staff or musicians of Bull Horns Online.  We will keep all details and recordings of all Projects confidential. Your music will not be played for any purpose other than in recording, composing or arranging your music.  Contact details will be kept after the Project has finished solely for the purpose of simplifying future communication on future Projects.  No contact details will be shared with any third party.

 

 

GLOSSARY OF TERMS:

Audio Recording - means an audio only Recording which results from a Project which embodies a Musician’s audio performances.

Audiovisual Device - means a physical device (including without limitation DVD and Blu-ray Disc) or digital file (or other means now known or yet to be discovered or invented) for the storage of sound and moving pictures embodying an audiovisual recording or live audiovisual recording.

BPI member - means the members of the BPI from time to time.

Bull Horns Online – means the online business owned by Ben Cummings

Client - means any person, firm or company who commissions or authorises the commissioning of a Project from Bull Horns Online.

Commissioning Library Music Producer - means any Commissioning Library Music Producer who on or after 1 January 2011 is listed in the MCPS Directory of production music libraries as a "Production Music Library", and whose primary business purpose is the creation and exploitation of library music.

Commissioning Record Label - means any BPI Member or any other person firm or company (including but not limited to members of the Association of Independent Music (“AIM”)) who commissions or authorises the commissioning of an Audio Recording, under the terms of this Agreement.

Commercial Live Performance - means a Live Performance in front of a paying audience.

Commercial Use - means any exploitation of an Audio Recording which:

(a) embodies the relevant Recording as the featured or primary focus of that exploitation for valuable consideration from consumers, either through sale, rental, lending, or otherwise making the Audio Recording available to the public; or

(b) is intended to increase the cost to the consumer of any other product in which the Recording is also included, incorporated and/or embodied.

Composition – means the music sent by the Client in written or recorded form, to Bull Horns Online, at the commencement of a Project.

Musician – means any musician engaged by Bull Horns Online to record on a project.

Project - means a single project as defined in the email you will receive from Bull Horns Online following the initial discussion and defining the details of the project and the agreed pricing.

Project Fee – means the total cost of the project as defined in the email you will receive from Bull Horns Online following the initial discussion.

Promotional Use - means any exploitation of an Audio Recording which is not a Commercial Use.

Record - means a physical sound carrier or a digital sound file embodying an Audio Recording.

Recording - means an audio recording which embodies a Musician’s audio performance.