​Copyright Licence Agreement

To maintain the quality of content provided by Good Health Radio, a standard Copyright Licence Agreement is required to be completed by any person providing pre-recorded content (except music) for broadcast on GHR. This assists to ensure that all content is legally obtained through an appropriate process and used in accordance with our Charter and Code of Practice. 

The Copyright Licence Agreement has been sourced through the Arts Law Centre of Australia.

​If you have any questions, feel free to contact us anytime.

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    ​This is an agreement between: 
    Licensee
    Good Health Radio Pty Ltd 
    ABN 53 635 325 950
    ​​Contact us
    Schedule
    BACKGROUND

    A.        The Licensor is the absolute owner of the copyright in artworks created (Works).
    B.        The Licensee wishes to exercise the rights of a copyright owner on behalf of the Licensor in relation to the Works.
    C.        The Licensor agrees to grant the Licensee a licence to reproduce and publish the Works as well as communicate the Works to the public under the terms of this agreement.

    THE PARTIES AGREE AS FOLLOWS:       
    1.   Definitions
    1.1   In this agreement, unless the context requires otherwise:
    Date of agreement - means the date when this agreement has been signed by both parties.
    Term - means the period specified in the Schedule to this agreement or, by default, the duration of copyright.
    Use of the Works - means the exercise of any of the exclusive rights of a copyright owner in relation to the Works.
    Works - means the artworks created by the Licensor specified in the Schedule.

    2.   Licence
    2.1   In consideration of the payments made to the     Licensor under this agreement, the Licensor grants the Licensee a non-exclusive licence for the Use the Works for any purpose the Licensee deems appropriate, including but not limited to broadcast on Good Health Radio streaming network, podcast and ​associated syndication.
    2.2   The licence under clause 2.1 applies to worldwide.
    2.3   The licence under clause 2.1 does not affect the Licensor's right to reproduce any of the Works for the Licensor's portfolio or self-promotion. 
    2.4   The Licensee acknowledges that the Licensor owns and will continue to own all rights and interests in the Works, including the copyright in the Works.

    3.   Attribution and alterations
    ​3.1   The Licensee must identify the Licensor in relation to any Use of the Works as the creator of the Works specified in the Schedule.
    3.2   Except as expressly permitted under clause 1 and 3.3, and without limiting any moral rights that the Licensor may have under the Copyright Act 1968 (Cth), the Licensee must not add, significantly crop or otherwise alter or destroy the Works or any reproduction of the Works without obtaining the Licensor’s prior written consent.
    3.3 The Licensee may alter the works as required to broadcast / stream the works including but not limited to fade in, fade out, cross fading, broadcast volume and sound normalisation.
    3.4   The Licensee must:
    a)   comply with any restrictions on using and dealing with any Australian Aboriginal or Torres Strait Islander Cultural or Intellectual Property (ICIP) in the Works about which the Licensor notifies the Licensee;
    b)   not do or allow anything to be done that may denigrate or damage any ICIP in the Works, or help anyone else to do so; and
    c)   if asked by the Licensor to do so, use the Licensee’s best efforts to make sure that the contribution of an Australian Indigenous community is acknowledged by including the notice of custodial interest specified in the Schedule in relation to any Use of the Works.
    3.5   Nothing in this agreement transfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law.

    4.   Representations, warranties and indemnities
    4.1   The Licensor represents and warrants that the Licensor :
    a)   is the sole author of the Works, which are original to the Licensor;
    b)   owns or has been granted all rights and interests in the Works necessary to grant the licence to the Licensee under this agreement; and
    c)   has the power and capacity to enter into this agreement and to perform the Licensor ’s obligations under this agreement.

    4.2   The Licensee represents and warrants that the Licensee:
    a)   has the power and capacity to enter into this agreement and to perform the Licensee’s obligations under this agreement;
    b)   will promptly notify the Licensor of any claim or suit arising out of or in relation to the Licensee’s use of the Works
    4.3   A party will unconditionally indemnify and keep indemnified the other party against all losses, liabilities, costs and expenses (including reasonable legal expenses as between solicitor and client) that the other party incurs as a result of or in relation to a breach of any of the party’s representations or warranties under this clause.

    5.   Payment
    The Licensor does not and may not make any claim for payment or reimbursement of any kind for the use of the Works.

    6.   Name, likeness, voice and biography
    6.1   The Licensee may use and authorise others to use the Licensor’s name, approved likeness and approved biography in relation to the Use of the Works.

    7.   Termination
    7.1   The     Licensor may terminate this agreement immediately by written notice to the Licensee if the Licensee:
    a)   goes beyond the scope of the licence granted in clause 2; or
    b)   becomes insolvent, has a liquidator appointed, goes into administration (voluntary or otherwise), announces an intention, or has become subject to, a scheme of arrangement or a personal insolvency agreement; is declared bankrupt, ceases to carry on business or threatens to do so.
    7.2   The enforcement of the right to terminate under clause 8.1.c is subject to the provisions of the Corporations Act 2001 (Cth), if:
    a.    the Licensee is a company to which a managing controller (including a receiver and manager) has been appointed; or
    b.    the company has either announced an intention, or has become subject to, a voluntary administration, substantial receivership or scheme of arrangement as described in Chapter 5 of the Corporations Act.

    7.3   On termination or expiry of this agreement, the Licensee:
    a)   loses all the rights granted under this agreement. Clause 7.3.d is reserved;
    b)   must, at the Licensee’s expense, promptly destroy the any copy of the Works that the Licensee possesses or controls; and

    8.   Disputes
    8.1   If a dispute or disagreement (Dispute) arises between the parties in connection with this agreement:
    a) one party must notify the other party in writing about the Dispute (Notice of Dispute); and
    b)   neither party may start any litigation or arbitration in relation to the Dispute until the parties have complied with this clause.
    8.2   The parties should meet within 14 calendar days after receipt of the Notice of Dispute and hold good faith discussions to attempt to resolve the Dispute. If the Dispute is not resolved within 28 calendar days after receipt of the Notice of Dispute, the parties agree to submit the Dispute to mediation according to the Arts Law Centre Mediation guidelines current at that time (Guidelines). These Guidelines are part of this agreement.
    8.3   If the parties are not able to agree to a mediator, they must request Arts Law Centre appoint a mediator.
    8.4   The parties must continue to perform their respective obligations under this agreement despite the existence of a Dispute.
    8.5   Nothing in this clause 8 will impact on either party’s rights to terminate under this agreement.
           
    9.   General provisions
    9.1   The Licensee may not novate, assign or encumber any of its rights under this agreement.
    9.2   The parties acknowledge that they are independent contractors and that nothing in this agreement creates any relationship of partnership or employment between the parties.
    9.3   A notice required to be given under this agreement may be delivered by hand, or sent by pre-paid post or email, to the usual business address or email address used by the recipient of the notice. Notices are taken to have been served when delivered by hand or within 2 calendar days of having been sent by pre-paid post, or if sent by email, when the email enters the recipient’s mail server, whichever occurs first.
    9.4   Subject to clause 9.5, this agreement is the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to this subject matter is replaced by this agreement and has no further effect.
    9.5   This agreement may only be modified by a written amendment signed by the parties.
    9.6   The failure of any party to exercise, or the delay in exercising any right or remedy, does not operate as a waiver or an election to abandon the right or remedy. No waiver of a right or remedy under this agreement is effective unless it is in writing and signed by the party waiving the right or remedy.
    9.7   This agreement is governed by the law in force in Victoria, Australia. The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.
    9.8   A person signing this agreement on behalf of a party to the agreement warrants, by that signing, that they have all the necessary authority from that party to sign this agreement of their behalf.

    EXECUTED AS AN CONTRACT
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