Awesome Limited

Membership
i.    Requirements
The eligibility requirements for Awesome membership are determined by the Board of Directors, persons who want to join Awesome may do so by contacting Awesome’s Membership Department.

ii.    Effective Date of membership
This is the date the assignment is signed. Once signed the member is immediately eligible to begin receiving royalties.

iii.    Dual affiliation
Dual affiliation is generally prohibited with another collective management company within Trinidad and Tobago.

iv.    Parties Authorized to request member information changes
A member may designate a representative to act on his behalf with written permission indicating the person and copies of both the member and the designated representative’s legal identification.

v.    Changes to correspondence and royalty address information
Members may maintain two addresses in Awesome’s records: one for general correspondence and another for royalty cheques. Changes to the information can be done by completing the relevant forms available on Awesome’s website or from Awesome’s Membership Department and sent by fax or mail.

vi.    Changes to writers’ pseudonyms
Changes to a writer’s pseudonyms must be done by completing the relevant form available on Awesome’s website or from Awesome’s Membership Department and sent by fax or mail.

vii.    Writer member legal name change
Changes to a writer’s legal name must be done by completing the relevant form available on Awesome’s website or Awesome’s Membership Department and sent by fax or mail.

viii.    Member contact information
Member’s information will only be disclosed to the public with member’s permission

ix.    Financial information
Awesome will keep records of all royalties distributed to each member. Any member or designated representative may inspect such records with respect to the member’s own records.

x.    Membership status
Information as to a member’s status, that is, whether the member is an active, terminated or resigned Awesome member, will be provided to the public on request to the Awesome Membership Department.

xi.    Royalty information
Awesome will not disclose any financial information about a member to a third party without a court order.

xii.    Member financial and estate planning
Writer members are permitted to transfer their rights, title and interest in any musical works, including the right to public performance and the right to receive royalties under their Awesome membership, to such heirs, legatees or other persons as they may designate in their wills or other instruments by which they seek to dispose of their estates.

xiii.    Appointment of successor members for deceased members
Successor members may be appointed to succeed deceased writer members as well as publisher members. If a deceased writer member held interest in a publisher member, for example, as a sole proprietor, partnership or closely held corporation, depending on whether a Successor Member or a Successor to a Successor Member is being appointed, the same application may be used. The relevant applications are entitled: “Application for Successor Appointment for a Deceased Member” and “Application for Successor Appointment to Successor Member of a Deceased Member,” respectively.

xiv.    Election to membership posthumously
A deceased writer may be elected to writer membership posthumously, provided that the deceased would have qualified for Awesome writer membership during his or her lifetime.

xv.    Use of awesome name and logo by members
Members in good standing are permitted to use Awesome’s logos on any materials, documents or communications that the member uses to advise to the public, in a factual way, that the member is a member of Awesome. Members are not permitted to use Awesome logos on products and services, such as clothing and accessories, without the express written consent of Awesome.

xvi.    Musical compositions
If a member places Awesom’s logos on publications relating to recordings of musical compositions, such as CD covers, jewel cases and liner notes, such use may only be for the limited purpose of designating such material as including musical compositions written and published by Members and applied in such a manner that the use does not imply or indicate that Awesome has approved of , sponsored or is otherwise responsible for the content.

xvii.    Misuse
Members may not use the Awesome logos or refer to their membership in any letter, advertisement or otherwise, in connection with the solicitation of funds.

xviii.    Professional recommendations
Awesome provides recommendations and advice, encouraging participation in showcases and workshops and information about working in the music industry, to assist members in their career development.

xix.    Resignation and withdrawal from membership
Any member may, subject to the terms of the membership agreement, withdraw from membership in Awesome on the first day following the calendar quarter giving no more than nine months nor less than six months advance written notice to Awesome. Upon submission of resignation a member is no longer entitled to the benefits of the company

xx.    Notice to members
Notice of membership meetings may be given to any of the following methods, singly or in combination: mail, email or any other method intended for the general membership.

xxi.    Membership complaints
Members can log complaints by completing the relevant form available on Awesome’s website or  from Awesome’s Membership Department and sent by fax or mail.

Awesome Repertory
i.    Awesome Repertory
Awesome licenses to music users, on a non-exclusive basis, the right to publicly perform, non-dramatically, are all of the works in the Awesome repertory. Awesome’s  repertory includes all of the copyrighted musical compositions for which Awesome holds the right of non-dramatic, public performance, at the relevant point in time.

ii.    Title Registration
A work must be registered with Awesome before a Member, or a member of an affiliated foreign performing rights organization, will be paid for public performances, even though the work may be included in the Awesome repertory for the purpose of licensing.

iii.    Registration in Required Form
Awesome requires that members use specific forms when registering their works. These forms are available on Awesome’s website or from the Awesome Membership Department.

iv.    Registration of Multiple Works
Members seeking to register multiple works are encouraged to contact Awesome to obtain assistance with their filings.

v.    Registration of Collaborative Works
Regardless of whether a work is the product of collaboration with other Awesome members or with non-Awesome members, the apportionment of shares in collaborative works must be indicated at the time of work registration.

vi.    Awesome’s Non-Exclusive Licenses
Pursuant to the Awesome membership agreement, a member grants to Awesome the non-exclusive right to license non-dramatic public performance of that member’s musical compositions.

vii.    Direct Licenses Issued to Music Users by Members
Members may license directly the non-dramatic public performance or one or more of their works to music users independently of Awesome, provided that
a.    each member of Awesome issuing such a license must promptly notify Awesome of the license in writing including the name of the work, and all relevant information

b.    no member of Awesome may issue exclusive license of the right of non-dramatic public performance to music users.

c.    no member of Awesome may directly or indirectly grant, assign, or issue to anyone other than a music user, a license to perform publicly any composition written, composed, published owned or controlled by such member (or authorized to do so).

viii.    Disputed claims between Awesome members
Where one member of Awesome claims entitlement to all or part of the royalties for a work theretofore allocated to another member and Awesome concludes, in its sole discretion, that there is a reasonable basis for such claim, Awesome will hold royalty distribution for the disputed interest unless and until the members involved furnishe to Awesome an appropriate agreement resolving the dispute.

ix.    Adverse claims against an Awesome member’s work
If an adverse claim is made by a non-member against an Awesome member with reference to  compositions in the Awesome repertory, and Awesome concludes, in its sole discretion, that there is a reasonable basis for such claim, Awesome will withhold royalty distribution for the disputed interest unless and until the member furnishes to Awesome an appropriate agreement indemnifying Awesome, or bond, as applicable, against claims by the claimant non-member(s).

x.    Claims involving Publisher Administrations
In the event of a dispute between a Publisher member and Writer member, if Awesome, in its sole discretion, concludes that there is a reasonable basis for such claim, Awesome will withhold royalty distribution for the disputed interest unless and until the members furnishes to Awesome an appropriate agreement resolving the dispute.

xi.    Indemnifications
Indemnifications encompass any and all claims, demands, actions and suits that may be made against Awesome and that require payment and/or defense, or against any third party that Awesome may be called upon to defend,  and provide for reimbursement to Awesome for any and all damages, costs and expense, including attorneys’ fees, that Awesome may necessarily incur by reason of the release and payment of royalties attributable to the disputed claim.

xii.    Removal of works from the Awesome‘s repertory
A resigned member may elect to continue to license works created during his or her Awesome membership through Awesome if at least one co-party to the work is a current Awesome member. The resigned member must advise Awesome in writing that the member wishes Awesome to continue licensing the work and represent the works that are not licensed by another performing rights organization.

A Publisher member may elect to remove works which have remained in the Awesome repertory, providing that both the writer’s and publisher’s interests are removed.

Distribution Rules
i.    Distribution systems
Awesome royalty distributions are made in accordance with the rules and formulae adopted by the Board of Directors.

ii.    Distributions concerning collaborative works
Royalties are distributed according to information provided on work registration forms.

iii.    Distributions to unaffiliated, non-members
Awesome will not make distributions to a writer, who is not an Awesome member.

iv.    Assignment of royalties
Awesome’s Board of Directors has approved certain forms of assignments, subject to Awesome’s review and approval of the specific assignments proposed. Members, who proposed to make one of the approved assignments, may apply to Awesome to assign their royalties to a particular person or entity only in those instances which satisfy the general conditions.

v.    Forms and Inquiries.
Application forms for approved types of assignments, may be obtained from, and must be submitted to, Awesome’s Membership Department.

vi.    Reserve Fund
A Reserve Fund can be established for social welfare in favor of members and for cultural promotions of the national repertory. The deduction shall be calculated as a percentage of the commissions at such rate as determined by the Board of Directors.

vii.    Awesome’s Administrative Costs
Awesome administrative costs are determined in accordance with the rules and formulas adopted by the Board of Directors.

Royalty Calculations
Live Performance
Cost of ticket X Number of tickets printed ÷ Number of artistes performing X Number of awesome artistes performing = cost of License

Cost of License – Administrative Fee = Total amount to be distributed

Total amount to be distributed divided by Number of Awesome members works used at event = Amount to be distributed to each member.
Live performance royalty distributions should to be paid out within one month

Events (Other Than Live Performances)
Cost of License – Administrative Fee = Total amount to be distributed
Total amount to be distributed goes into total quarterly payments to members that are then divided by number of the songs played for that quarter.

Radio and Television
Cost of License – Administrative Fee = Total amount to be distributed
Total amount to be distributed goes into total quarterly payments to members that are then divided by number of the songs played for that quarter.

Establishments
Cost of License – Administrative Fee = Total amount to be distributed
Total amount to be distributed goes into total quarterly payments to members that are then divided by number of the songs played for that quarter.

International Collections
International collections – Administrative Fee = Total amount to be distributed
Total amount to be distributed goes into total quarterly payments to members, which is then divided by number of members who has music published internationally.

Reproduction and Synchronization Licenses
Cost of License – Administrative Fee = Total amount to be distributed
Total amount to be distributed divided by number of members whom licenses were obtained for.

Other sources of income
Formulae to be determined by the Board of Directors when there present themselves.