Thank you for your interest in the Lullaby Project (the “Project”). Participants will be selected on a first-come, first-served basis, after submitting the registration form and agreeing to these terms and conditions of participation in the Project (the “Terms”). We will reach out to you directly if you are selected to participate in the Project.
If you are selected, you’ll write a lullaby working with a Lullaby Project teaching artist (the “Artist(s)”) in a virtual session (the “Session”). You’ll create a musical composition of lyrics and music working with the Artist(s), who will guide the creative process and honor your ideas and preferences. The Artist(s) will create an audio recording of your lullaby, for you to share with your child and your family for years to come.
Your Ownership Rights
You and the Artist(s) jointly own the musical composition that you and the Artist(s) write in connection with the Project (the “Composition”). You own a fifty percent (50%) split of the rights to the Composition, and the Artist(s) own the remaining fifty percent (50%) split of the rights to the Composition, which will be equally divided by the number of Artist(s), pro rata. Any rights to the Composition or any portion of the Composition that you, Carnegie Hall, and/or the Artist(s) may have or acquire are assigned and transferred to the extent necessary to effectuate this allocation of rights without further payment.
The Carnegie Hall Corporation, a mission-driven nonprofit (“Carnegie Hall”), may record the musical performance of your Composition and may make audio, visual, audiovisual, photograph, film, and other recordings (“Recordings”) of your (and, if applicable, your child’s) voice, name, likeness, image, statements, musical performance, and musical composition (collectively, your “Appearance”) during the Session. You grant to Carnegie Hall and its affiliates, successors, and assigns the irrevocable right to create, modify, distribute, display, and publicly perform any such Recordings of your Appearance at the Session.
Use of Recordings
Carnegie Hall will own all rights, including all copyrights, in the Recordings. If any such rights do not vest in Carnegie Hall, you assign and will assign them to Carnegie Hall. Notwithstanding any other provision of these Terms, Carnegie Hall will have unlimited, perpetual, non-terminable, worldwide right to use and license the Recordings in any media in support of its nonprofit mission. Carnegie Hall may edit the Recordings in any manner, and you waive any right to review or approve any use or edits of the Recordings. Carnegie Hall is not obligated to make or use the Recordings.
You, the Artist(s), and/or Carnegie Hall may each copy, modify, distribute, publicly perform, or display (collectively, “Use”) the Composition in any form or media, or authorize Use, for noncommercial purposes without notice or any further obligation or payment. Before Use in or authorizing Use for commercial purposes, however, you, the Artist(s), and Carnegie Hall must execute a separate agreement covering the commercial Use.
In connection with any Use of the Recordings or Composition, Carnegie Hall may use your and/or your child’s name and likeness for the purposes of credits, provision of biographical information, and/or promotion of the Lullaby Project. You will not bring any claims relating to Carnegie Hall’s use of the Recordings, including without limitation any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
You have the right to agree to these Terms, no other permission is needed in order for you to grant the rights in these Terms, and Carnegie Hall’s Use of the Recordings will not violate or infringe upon the rights of any third party.
Carnegie Hall may bring any action or obtain any remedy in connection with its rights under these Terms. These Terms will be governed by the laws of the State of New York.