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MPLC BLANKET LICENCE TERMS AND CONDITIONS

1. Purpose. Motion Picture Licensing Company Limited (“MPLC”) grants licensee (“Licensee”) a non-exclusive licence (“Licence”) to publicly perform (also as a public viewing right incorporated within a separate right of communication to the public) copyrighted “Works” defined below, under the Terms and Conditions specified in this MPLC Blanket Licence Agreement (“Agreement”). Licensee’s acceptance of this Agreement, or any amendment thereto, may be indicated via electronic consent, handwritten signature, or payment of the applicable licence fee.
2. Basis for Licence. MPLC represents and warrants that it has secured the appropriate rights, under the Copyright, Designs and Patents Act 1988 Chapter 48 Part I Chapter II, to grant this Licence.
3. Term. “Term” shall mean the 12-month period beginning on the “Start Date” listed on the MPLC Blanket Licence Application (“Application”) and shall continue thereafter for periods of one (1) year each, unless cancelled by either party giving sixty (60) days advance written notice before the end of said period or any subsequent period. Each one (1) year period during the Term is referred to herein as a “Contract Year”. If Licensee does not timely notify MPLC of intent to terminate, this Agreement will remain in effect for the entire contract year, and Licensee will be responsible for the entire annual fee due to MPLC hereunder pursuant to Section 5 hereof. No refunds or credits will be made by MPLC in the event of early termination by Licensee.
4. Rights. The specific titles which may be publicly performed by Licensee under this Agreement are “Works”, defined as films, television programmes and other audio-visual content that are produced and/or distributed by MPLC-affiliated rights holder companies, as to which MPLC has received the rights to license public performances under the parameters set forth herein. The public performances of Works authorised by this Agreement may take place only at the premise(s) identified in the Application or as Licensee otherwise notifies, and may be made via any legally obtained means originally intended for personal use only, including but not limited to DVD, streaming, download and broadcast, but excluding premium home theatre exhibitions of such Works. The primary purpose of such performances is to entertain and/or educate authorised viewers and the audience shall be limited accordingly. No specific titles, or any characters from such titles, or producers’ names will be advertised or publicised to the general public, and no admission or other fee will be charged to the audience. The exhibitions may not be used to endorse any goods or services. MPLC may use Licensee’s name in an undifferentiated, purely factual list of licensees.
5. Fee. The agreed licence fee for the first Contract Year of this Agreement is specified on the Application, which amount is payable to MPLC, and excludes VAT. Licensee acknowledges that subsequent Contract Years may require adjustments based on various factors, including, but not limited to adjustments which: (i) reflect any change from the previous year’s Consumer Price Index (CPI), and/or (ii) reflect an increase in the number of attendees or premises or other relevant factors used to determine the licence fee. On an annual basis, or upon request by MPLC, Licensee shall furnish MPLC with the information MPLC may require to determine the proposed licence fee for subsequent Contract Years. If Licensee does not furnish the requested information within thirty (30) days prior to expiration, MPLC may independently determine the licence fee required for that contract year. The licence fee for each subsequent contract year shall be due and payable no later than each anniversary date of this Agreement.
6. Changes in Rights to Individual Titles. MPLC represents and warrants that it or its rights holders may, from time to time during the Term, lose the appropriate rights to certain individual titles, inter alia, the assignment, loss, or expiration of those rights. In such event, MPLC may send Licensee at any time during the Term binding notices that certain titles cannot be or may no longer be publicly performed under this Agreement. Such notices shall be binding and effective upon Licensee when received.
7. Rights Not Granted. Licensee may not unlawfully duplicate, supplement (e.g., with live music accompaniment), edit or otherwise modify the Works obtained for public performance purposes under this Agreement. Any and all rights not granted to Licensee in this Agreement are expressly reserved to MPLC and/or its rightsholders.
8. Separate Fees. Any separate fees which may be due to music publishers, or collection societies for music publishers, for the right to publicly perform the music contained in any of the Works covered by this Agreement are solely Licensee’s responsibility and are not the responsibility of MPLC.
9. Assignment. This Agreement may not be assigned by either party, without the prior written consent of the other party, except that each party shall (a) assign this Agreement in connection with a merger, consolidation or sale of its assets and business, (b) provide the other party with notice of the assignment including contact information for the assignee.
10. Notice. Any notice provided for herein shall be given in person; by first class post prepaid; or by reputable overnight carrier; addressed to the party to be notified as listed on the Application. The date of personal service or mailing of any such notice shall constitute the date of service. Notices to MPLC shall be copied to legalnotices@mplc.com.
11. Termination. Either party may terminate this Agreement on account of any material breach by the other party of the Agreement. Additionally, Licensee may terminate this Agreement for convenience. In the event of termination, there shall be no refund of the licence fee. A waiver by MPLC or by Licensee of any specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent breach of the same, or any other provision of this Agreement.
12. Collection Fees: In the event MPLC incurs any costs or fees in connection with the collection of any amounts past due to MPLC hereunder, then Licensee shall be responsible for paying such amounts to MPLC upon demand, with interest at the rate of nine percent (9%) per annum calculated from date of demand.
13. Representations and Warranties. Each party represents and warrants that the information provided by it is true, correct, and complete in all respects. This Agreement constitutes a legal, valid, and binding obligation upon each party and is enforceable by its Terms and Conditions. Licensee acknowledges that such Terms and Conditions may be updated by MPLC at the beginning of a Contract Year by providing notice of such updates no later than sixty (60) days prior to the end of the previous Contract Year, with such updates being subject to Licensee’s right to terminate pursuant to Section 3 hereof.
14. Limited Waiver. To the extent that, prior to the commencement date of this Agreement, Licensee may have infringed upon rights held by MPLC, MPLC hereby agrees that it will not seek legal recourse or assert any claim for any and all such possible infringements which would have been licensed under this Agreement. MPLC makes this warranty only with respect to rights held by it, and is not empowered or authorised to make any such representation or warranty with respect to rights held by others.
15. Integration; Choice of Law. The Application and these Terms and Conditions contain the full and complete agreement between MPLC and Licensee. If any part of this Agreement shall be determined unenforceable, the remainder of this Agreement shall remain in full force and effect. This Agreement shall be construed in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts as regards to any claim or matter arising in relation to this Agreement.

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Updated 29 July 2024