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SESAC— Continued
formula. The latter is based on the following four points: 1) number of performances; 2) availability; 3) current activity; and 4) seniority.
SESAC claims to have about 500 contracts with broadcasting stations. It does not utilize branch offices, but contacts stations, etc., by means of traveling representatives. A program service department is maintained at headquarters to assist radio stations in matters of program, music and copyright clearance.
Appended is a list of SESAC members, as well as broadcasting (performing right) and transcription (mechanical right) contracts.
SESAC BROADCASTING PERFORMANCE LICENSE
MEMORANDUM OF AGREEMENT made this day of
193 , between
(hereinafter called Licensee), and Society of European Stage Authors and Composers, Inc., a New York Corporation (hereinafter called Licensor), with its principal office located at 113 West 42nd Street, New York, N. Y.
Licensor has entered into various agreements whereby small and/or grand rights vested in, and controlled by, the foreign and American publishers and organizations, contained in the list herewith attached as Schedule "A," have been assigned to it.
Licensor is empowered, subject to the various terms and conditions in said agreements, and to rights assigned to it, to authorize, prohibit, supervise and control performances in the United States of America of musical compositions, musical dramatical works, and dramatic works.
Licensee is engaged in space radio broadcasting over the station (s) licensed by the Federal Communications Commission as follows:
Station(s) Wattage Location
The parties hereto accordingly hereby mutually agree as follows:
1. Licensor hereby grants and Licensee accepts, a non-exclusive license for the period hereof to broadcast (excluding television) from the space radio station (s) mentioned hereinabove such musical compositions as may now be, or during the period hereof shall be, owned or controlled by Licensor, and the performance of which for space radio broadcasting, Licensor may under its divers agreements authorize, prohibit, supervise and control. Such musical compositions shall be covered by this license throughout the time of Licensor's ownership or control thereof as aforesaid during the period hereof.
2. It is understood that so-called "Grand Rights," namely dramatic renditions in whole or part, of dramatico-musical and dramatic works owned or controlled by Licensor (e.g., dramas, plays, operas, operettas, revues, musical comedies, sketches and like productions), and renditions of symphonic works, cantatas, oratorios, etc., owned or controlled by Licensor, require a special permission in advance, in each instance, from Licensor, and special broadcasting performance fees and rental fees shall be arranged for in advance, in each instance, by Licensor.
3. All musical compositions broadcast by Licensee under this license shall be announced by the title and composer, and in the event that same shall be taken from a musical production or sound film, the name of the production or sound film shall also be announced in said broadcast. Licensee hereby agrees to furnish to Licensor, upon request, copies of its program records and furthermore agrees to permit Licensor, upon request, to examine at Licensee's offices, during business hours, the original program records.
4. Licensor reserves the right, at any time, from time to time, to restrict the performance by Licensee unless Licensor's written consent be first obtained, of any musical
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