Terms & Conditions

At Digital Rhapsody, we hate small print.

Instead here are some clear terms and conditions that we work under as standard.

By commencing a relationship with Digital Rhapsody, you personally or on behalf of your business, corporate body, or organisation, automatically agree to the following terms and conditions. These are in addition to any and all terms you and your organisation may request Digital Rhapsody to adhere to, which have been sent in writing.

Laws

Digital Rhapsody is based in the United Kingdom, and is bound by UK and European laws.

If we are in a international partnership, as standard, we only abide to the laws and customs of the United Kingdom. Any lawsuits or legal disputes, on either side, must be filled in the UK - either in Cambridgeshire or Suffolk.

It is your responsibility to ensure our products and services are applicable to your local country and/or region before broadcasting and/or distribution, and edit accordingly (see below).

All agreements must be made clearly in writing, and signed, before any works commence as under the Bills of Exchange Act 1882.

Time zones and Holidays

Even though we have ongoing relationships and productions all over the world, in many different time zones - as a British company, based in the United Kingdom, we only deal in GMT/BST. We also observe the national holidays, and the weekend culture of Great Britain.

"Shut Down" Breaks

Digital Rhapsody has three 2 week "shut down" breaks throughout the year. These are times when no one is working, no communications will be answered, nor any works delivered.

These happen:

  • 2 weeks for Easter
  • 2 weeks at end of Summer - normally last week of August, first week of September
  • 2 weeks over Christmas and New Years

Copyright & Trademark

As we are a true multimedia company, which owns thousands of hours of audio, video, media, web and print material - Digital Rhapsody takes copyright, trademark and copyright/trademark infringements extremely seriously.

Unless otherwise agreed prior to starting (at least 15 days prior), all works are copyright of Digital Rhapsody, as under the Copyright, Designs and Patents Act 1988. As a broadcaster / distributor you and your organisation need a valid "Licensing Agreement" to create promos / idents / bumpers (etc) to promote our material on your platform, however as common courtesy, we must have the final editorial decision. Licensing Agreements must be applied for at least 15 days prior to the commencement of the project.

If any "edits" to our material are needed due to a conflict with your local and regional customs, you must be given expressed permission from us in writing, which will be part of your Licensing Agreement, before you do so. It is your responsibility as the broadcaster / distributor to do so. Digital Rhapsody, nor our brands, will take any responsibility whatsoever over any regional miscommunication or conflicts of translation through our material's subject matter due your negligence.

Please also see "Disclosures & Promotions" and "Exclusive Rights Agreement" below.

Disclosures & Promotion

Digital Rhapsody is allowed to discuss and promote any works we have done or are doing, as we see fit - as examples of work (for example). This includes, but not limited too: photos, video, verbal communications and social media.

Any and all this additional media created will fall under Digital Rhapsody copyright ownership. As a client and/or collaboration partner are not permitted to use this additional material without expressed written permission ("Licensing Agreement"), at least 15 days prior to use, and the payment of any additional fees, if required.

If permission is granted for you to also use this additional material on your own website / printed material / marketing resources, the following copyright statement must be used as an attribute; each time material owned by Digital Rhapsody is used (as example):

Used with written permission.
© 2013 Digital Rhapsody, All rights reserved.

Copyright and Trademark statement (where applicable):

™ & © 2013 Digital Rhapsody, All rights reserved.
[Insert project / show name] and related marks are trademarks of Digital Rhapsody.

If additional materials are used on a website, disclaimer must by a working link to "digitalrhapsody.net", opening in a new window / tab.

The use of any copyright infringements, without our expressed written permission, will result in a fine of up to £50,000.00 per instance found and/or up to 6 months imprisonment, as under UK law.

On occasion we will enter a Non-Disclosure Agreements (NDAs) if both parties are adhering to the same terms, and that once the anniversary of the agreement has expired, both parties are allowed to promote and discuss the works freely. However, Digital Rhapsody only works within NDAs if they are agreed prior to a project starting, and only on a project-by-project basis.

Exclusive Rights Agreement

Since November 2012, Digital Rhapsody and Leigh Brown signed an "Exclusive Rights Agreement" contract - allowing Digital Rhapsody have complete and full exclusive rights and ownership over (but not limited to) Leigh Brown's Name, Image / Likeness, Audio/Visual Recordings, Performance / Voice.

Any use of Leigh Brown, for any (but not limited to) project / promotion / partnership / co-authored work, must have consent via a "Licensing Agreement" at least 15 days prior to the event.

This Exclusive Rights Agreement is for 10 years, and expires 3rd November 2022.

You as a "third-party", be that an individual, a business, a corporate body, or an organisation are also bound by this Exclusive Rights Agreement. If you commence in any way with any form of co-authored work (as listed below) be that a business activity or event, personal activity or event, or pleasure, or otherwise - you agree with, acknowledge completely and accept wholly-heartedly with "Section 4" and "Section 5" of the Exclusive Rights Agreement.

If you do not agree, accept or understand these Terms & Conditions and both Section 4 & Section 5 of the Exclusive Rights Agreement, then do not in any manner or any way have any activity, event or dealings - be that business, personal, pleasure or otherwise - with Leigh Brown and/or Digital Rhapsody.

That is YOUR right and choice as a "third-party" and we will not take offence.

Under Section 4 "Co-Authorship and Ownership of Co-Authored Works", Digital Rhapsody has complete ownership of Leigh Brown's portion of ownership from any co-authored or partnership works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts or published, and will be owned, copyright and/or trademark by Digital Rhapsody for the duration of the Exclusive Rights Agreement.

If there is no "Partnership Agreement" contract agreed prior to any co-authored or partnership works, then it will be owned entirely, copyright and/or trademark by Digital Rhapsody for the duration of the Exclusive Rights Agreement. Digital Rhapsody will hold complete ownership of Co-Authored works indefinitely, unless and/or until a "Partnership Agreement" contract can be established with Leigh Brown / Digital Rhapsody and the third-parties in question - and at Digital Rhapsody's discretion.

Co-Authored works – Literary, Dramatic, Musical, Artistic, Audio/Visual recordings, Broadcasts and published – automatically owned by Digital Rhapsody until or if a "Partnership Agreement" contact can be established include, but not limited to:

  • Letters / Correspondence

  • Emails

  • Audio Recordings

  • Radio Broadcasts

  • Television Broadcasts

  • Audio and/or video streaming “broadcasts”

  • Jingles

  • Music

  • Podcasts

  • Video/Film Recordings

  • Edited Videos/Films

  • YouTube Videos

  • Photographs

  • Sketches & Drawings

  • Website Designs

  • Logo Designs

  • Books / Unpublished Manuscripts

  • Notebooks / Handwritten works

  • Short Message Service (SMS) / Text Messages Communications

  • Instant Messaging Services Communications

  • Blog Posts

  • Social Media Posts

  • Social Media Comments / Messages

  • Social Media uploaded Artwork

  • Social Media uploaded Logos / Graphic Design

  • Social Media uploaded Photographs and Audio/Video works

Under Section 5 "Images and Likeness" Digital Rhapsody owns the complete exclusive ‘Artistic Rights’ to copyright and/or trademark Leigh Brown – as according to the Copyright, Designs and Patents Act 1988, Section 4 – in all photographic representation. Digital Rhapsody owns the complete ‘Exclusive Recording Rights’ of all audio/visual recordings of Leigh Brown, as according to the Copyright, Designs and Patents Act 1988, Section 185.

Under the Exclusive Rights Agreement Leigh Brown gives total ownership of all characteristics that make Leigh Brown clearly identifiable (in any and all ways) and recognisable as Leigh Brown to Digital Rhapsody.

You as a "third-party"  be that a business, an organisation, a "body corporate" or individual wishing to record Leigh Brown by audio/visual recordings, must obtain a Licensing Agreement from Digital Rhapsody, at least 15 days prior to the recording. Any company, organisation, body corporate or individual found with an illicit recording of Leigh Brown will be criminally liable.

Photographs of Leigh Brown for ‘personal use only’ are permitted, as long as they remain out of the public domain. Photographs from Weddings, Social Gatherings and Family Occasions are the only permitted for personal use.

All other photographs that have not been authorised by consent of a Licensing Agreement at least 15 days prior to the event from Digital Rhapsody, will be a direct breech of the Exclusive Rights Agreement contract, Copyright and/or Trademark laws these Terms & Conditions – and will result in legal action.

As soon as a photograph of Leigh Brown is released to the public be it for personal or any other reason without prior permission or consent from Digital Rhapsody, these terms and conditions along with the Exclusive Rights Agreement gives permission for Digital Rhapsody to deem it an unauthorised partnership work without prior "Partnership Agreement" Contract – as stated in 4.7 of this Exclusive Rights Agreement.

By the action of releasing of the unauthorised work to the public domain, You as the "third-party" ‘original owner’ acknowledges and concedes that he automatically forfeits ownership of the work, and all rights over it. The ownership, rights, copyright and/or trademark of the photograph automatically transferred to Digital Rhapsody – and The Company can do with it as they see fit.

Failure or refusal to transfer ownership to Digital Rhapsody, You as the "third-party" ‘original owner’ acknowledges through your own actions you automatically:

  1. admit fault and/or guilt for an unauthorised production/product,
  2. understand and accept you are in breech of these Terms & Conditions
  3. understand and accept you are in breech of the Exclusive Rights Agreement
  4. that they are at fault and legally liable to the legal consequences and repercussions of such actions – which will constitute as a copyright and/or trademark infringements and legal proceedings will follow accordingly.

Licensing Agreements

All "Licensing Agreement" contracts must be sort and acquired at least 15 days prior to any event, activity and/or venture. Failure to do so will result in copyright and/or trademark infringements and legal prosecution.

If you are a business, corporate body or organisation - you will need to acquire at least two licensing agreements:

  1. An overarching license allowing your business, corporate body or organisation to store our material - for internal use only.
  2. At least one specifically named person within your business, corporate body or organisation who are personally liable for the care, management, dealings and general responsibility for all of our data in your care.

Only specified individuals can handle and/or manage our copyright and/or trademark data. No other personnel are allowed to handle and/or manage our copyright and/or data without acquiring additional licenses and being specifically named within these contracts to do so. Failure to do so will result in copyright and/or trademark infringements and legal prosecution of these individuals.

The only individuals who are exempt from this, under extremely specific circumstances, are listed under Section 8 of the Exclusive Rights Agreement. Other than specific situations enabling Section 8 for specific individuals to have rights without a Licensing Agreement - no "third-party" individual, business, corporate body or organisation are exempt - nor can Section 8 rights be transferred to any "third-party" individual, business, corporate body or organisation.

Payments

As a British company, based in the United Kingdom, we only deal in Great British Pounds (sterling).

  • If we are working within a distribution model, all parties will agree a monthly anniversary date, where the balance is settled.
  • Any and all outstanding payments must be made before the commencement of Easter, Summer, Christmas and New Year "shut down" breaks (see below).
  • If we have to draw up an invoice to "bill" for works, then it is expected payment will be made within 7 working days.
    • Failure to do so will result in:
      • £50.00 fine per day the invoice is outstanding (after the initial 7 working days grace period) for up to 30 calendar days (this includes weekends).
      • If after the original invoice 7 working days grace period, and 15 additional calendar days (which includes weekends) the balance has not been settled, any continuation of works will be halted until payment of original invoice total plus fines are made in full.
      • If invoice total and fines total on your account have not been settled after 37 days (the original invoice 7 working days grace period, plus an additional 30 calendar days which includes weekends) from the date of the invoice, an additional £1000.00 fine will be added to your account, and then, legal proceedings will commence automatically to obtain the new full total amount. All legal costs will also be claimed back from you.

Cancellations

If you have to cancel works with Digital Rhapsody, please give us the following notice:

  • For digital distribution / broadcasting / on demand partnerships, 45 days notice in writing
  • For a "Digital Rhapsody Alliance" project, 20 working days notice in writing
  • For a partnership / collaboration project, 7 working days notice in writing
  • For any and all other works, productions or partnerships not listed above, 48 hours notice in writing

Failure to give the adequate notice will result in you and your organisation being billed for the time.

 

First published: Tuesday 12th January 2010
Last updated: Friday 12th April 2013