You are about to submit a claim for Pending Royalties in relation to a Musical Work, each defined in the CSI Terms Sheet (as defined below). Before submitting your claim, you must read, acknowledge and agree to the following:
1. If you are a Class Member (as defined below), you are bound by the Order of the Ontario Superior Court of Justice (the “Court”) dated May 30, 2011 in relation to Northey v. Sony Music Entertainment Canada Inc. et al., certifying the class action for settlement purposes and approving the settlement of the action (the “Order”) and by the terms and conditions set out in the Key Terms of Settlement between Craig Northey (the representative plaintiff on behalf of the class), CMRRA, SODRAC, Sony Music Entertainment Canada Inc. (formerly Sony BMG Music (Canada) Inc.), EMI Group Canada Inc., Universal Music Canada Inc. or Warner Music Canada Co. (collectively, the “Record Companies”) (the “CSI Term Sheet”);
2. Submitting a claim does not entitle you to be compensated for the use of the musical work. CSI must first assess your claim in order to verify whether you are in fact entitled to compensation, and may require additional documentation to verify your claim. Click here to learn more about the verification process.
3. Your claim is limited to the reproduction of this Musical Work by the applicable Record Company in the particular product and period to which your claim relates. The positive verification of your claim does not entitle you to receive compensation for any other uses of this Musical Work, whether or not those other uses are subject to the Order. You must claim separately for each use of this Musical Work;
4. By submitting your claim for Pending Royalties, you represent, warrant and agree that:
(a) You are a Class Member as defined in Section 1.02 of the Order and have not opted out of the settlement;
(b) You believe in good faith that you are submitting your claim as the copyright owner in the Musical Work that is the subject of your claim, or as a licensee or other authorized representative of the copyright owner, and that you are entitled to, but have not received, the Pending Royalties (as that term is defined in the CSI Terms Sheet) accrued in relation to the uses of the Musical Work that are the subject of your claim;
(c) To the best of your knowledge, no other person authorized by or deriving rights through you, including any music publisher, has received your share of the Royalties (as that term is defined in the CSI Term Sheet) payable in respect of those uses of the Musical Work that are the subject of your claim; and
(d) The Musical Work is not subject to any music publishing agreement that gives the music publisher the exclusive right to claim the Royalties (as that term is defined in the CSI Term Sheet) that are the subject of the claim;
5. The information we receive from you in connection with your claim may be disclosed as follows:
(a) To CMRRA and SODRAC, and their affiliates, to be used in connection with the development and maintenance of accurate records of the ownership and administration of copyright in musical works;
(c) To licensees and/or licence applicants, including record labels;
(d) Where there is a conflicting claim, to other claimants; and
(e) To class counsel, to the Court, and to the Record Companies.