Refractions Composer Development and Commissioning Opportunity Terms and Conditions

        The Opportunity

1. There are up to four spaces available for the ‘Refractions’ composer development and commissioning opportunity that takes place between 19th April  2022 and 30th December 2022 as is further described in these terms and conditions (the “Project”).
   
   The Application Process


2. The Project is open for applications from 19th April 2022. To apply for the Project you must (a) be a current writer member of the Performing Right Society Limited, (b) be 18 years of age or over, and (c) submit your application form and two contrasting recorded examples of your work to PRS for Music before 09:00 GMT on 13th May 2022 (the “Closing Time”). Applications must be submitted using the application form on the PRS for Music website. Recordings should be provided in the form of publicly accessible links, or sent to PRS using the upload section of the application form.
3. Only one application per person is permitted.
4. PRS for Music does not accept responsibility for applications that are incorrectly submitted or not delivered due to technical faults. Applications received after the Closing Time will not be considered.
5. By submitting an application form and recorded examples of your work, you agree that PRS for Music can share these application materials with the Mentor and the Panel (each as defined below) in order to consider your application for the Project. Your application materials will not be used for any other purpose.
6. Each applicant warrants that the works they submit as part of their application are original works and do not infringe any third-party’s rights including a third party’s copyright or moral right, and that they have sought all relevant permissions to submit any works with this application. PRS for Music accepts no liability in the event of third party claims in respect of any works submitted by the applicant.
   
   The Selection Process


7. The four composers provisionally selected for the Project will be chosen by a panel including Robert Ames, and three other composers appointed by PRS (the “Panel”), on or around 10th June 2022. The four composers will be selected by the Panel on the basis of the following criteria: (a) the quality and originality of the works submitted as part of the application; and (b) the application form demonstrating how the composer would benefit from taking part in the Project. The decisions of the Panel will be final. PRS for Music reserves the right to replace any of the Panel members with appropriate replacement members if required.
8. The four composers provisionally selected for the Project will be notified by PRS for Music by email or telephone by 17th June 2022 using the contact details provided in their application forms. If a provisionally selected composer(s) does not respond to PRS for Music within three (3) working days of being notified, the Panel will be entitled to select another composer to take their place, based on the criteria set out above.
9. Following selection by the Panel, each provisionally selected composer’s participation in the Project remains subject to that composer entering into written agreements with both: (a) Dunvagen Music Publishers for the Commission (as defined below) (a “Commission Agreement”); and (b) Orange Mountain Music for the release of an EP featuring the Commission (a “Recording Agreement”), on such terms as are agreed between the composer and each of Dunvagen Music Publishers and Orange Mountain Music, as applicable (the Commission Agreement and Recording Agreement together being the “Required Agreements”). You agree that PRS for Music can share your name and contact details with Dunvagen Music Publishers and Orange Mountain Music should you be provisionally selected for the Project in order to agree the Required Agreements.
10. Once the Required Agreements have been signed by all parties, the selected composer shall be entitled to participate in the Project in accordance with the remainder of these terms and conditions and the terms and conditions of the Required Agreements as a “Successful Composer”.
11. In the event that any provisionally selected composer(s) has not entered into the Required Agreements by 1st July 2022, the Panel will be entitled to select another composer to take their place based on the same criteria set out above or PRS for Music reserves the right to reduce the number of spaces available for the Project.
12. Each Successful Composer acknowledges and agrees that their continued participation in the Project is subject to their compliance with the terms and conditions of the Required Agreements. In the event that either one of the Required Agreements entered into by a Successful Composer is terminated in accordance with its terms prior to completion of the Project, PRS for Music reserves the right to immediately remove that Successful Composer from any further participation in the Project.
    
    Commissioning of Works


13. Dunvagen Music Publishers will supply the Successful Composers with a sample library of selected Philip Glass works (the “Source Material”) for the purposes of writing a Commission.
14. Under the terms of their respective Commission Agreements, each Successful Composer will: (a) be commissioned by Dunvagen Music Publishers to create and record a work for electronics lasting 5–6 minutes duration using the Source Material in accordance with a provided brief (the “Commission”); and (b) receive a Commission fee of £750, payable by Dunvagen Music Publishers. The deadline for each Successful Composer to submit their finished Commission will be 31st August 2022. Finished Commissions should be submitted to PRS for Music at the following email address: daniel.lewis@prsformusic.com. You agree that PRS for Music can share your finished Commissions with Dunvagen Music Publishers and Orange Mountain Music.
15. The Successful Composers agree to use the Source Material only for the purposes of the Project and in accordance with the terms of their respective Commission Agreements. Any other uses of the Source Material will be considered an infringement of copyright.
16. The expectation of PRS for Music is that each Successful Composer will: (i) receive an 8.335% share in the income from the copyright arising in their finished composition as a musical work, including performing, mechanical and synchronisation royalties; and (ii) be registered as an arranger of said musical work, details of which will be agreed between the Successful Composer and Dunvagen Music Publishers up front in their respective Commission Agreement.
    
    EP Release


17. Under the terms of their respective Recording Agreements, each Successful Composer will have their finished Commission featured on a digital EP released by Orange Mountain Music.
18. The expectation of PRS for Music is that each Successful Composer will receive a share of an artist royalty pool of 12% pro-rated on the basis of the number of composers appearing on the EP (e.g. 4 artists would result in 3% per artist) from the exploitation of the copyright arising in the sound recording of their finished composition, details of which will be agreed between the Successful Composer and Orange Mountain Music up front in their respective Recording Agreement.
    
    Mentoring Session


19. As part of the Project, each Successful Composer will be offered virtual mentoring sessions with Robert Ames (the “Mentor”), on or around 28th July 2022. Each Successful Composer will be offered the opportunity to submit draft versions of their Commission to the Mentor prior to the sessions. The mentoring sessions will take place online and will focus on providing feedback on draft Commissions and career development.
    
    Networking Event


20. As part of the Project, the Successful Composers will be invited to attend a networking event hosted by PRS for Music in London. The date of this networking event will be confirmed to the Successful Composers later in the Project, however, it is intended to take place between October and December 2022. PRS for Music will pay for UK travel to and from the networking event and accommodation for the Successful Composers. Travel and accommodation will be chosen by PRS for Music.
    
    General


21. The opportunity to take part in the Project is not transferable nor exchangeable and no cash alternative will be offered.
22. The Successful Composers will be announced via PRS for Music’s social media pages and/or a Member News Item on PRS for Music’s website and in related media coverage. By applying to participate in the Project, each applicant authorises PRS for Music to disclose their name as part of this announcement and any related media coverage during the course of the Project. Any additional publicity will be agreed between the Successful Composers and PRS for Music during the course of the Project, subject to the Successful Composers entering into an appropriate release form, if required.
23. Any processing of your personal data collected through the application process or otherwise as part of this Project will be in accordance with PRS for Music’s Privacy Notice (which is available at https://www.prsformusic.com/privacy) and these Terms and Conditions. In particular, the relevant terms are set out in: (a) paragraph 5 regarding the sharing of applications with the Mentor and Panel members; (b) paragraphs 9 and 14 regarding sharing of names, contact details and finished Compositions with Dunvagen Music Publishers and Orange Mountain Music; and (c) paragraph 22 with regard to the public announcement of the Successful Composers. Please note, Dunvagen Music Publishers and Orange Mountain Music are both located in the USA. Please be aware that the laws in the USA may not provide the same levels of protection for personal data (including in relation to rights over your data) as under UK law and therefore there is a risk that your personal data will not protected to the same standard.
24. PRS for Music is not responsible for the failure of any third parties to fulfil their obligations associated with the Project and/or the Commissions, including any failure of Dunvagen Music Publishers and/or Orange Mountain Music to fulfil their obligations under the Required Agreements.
25. Other than as expressly stated in these terms and conditions, participation in the Project shall be at the Successful Composer’s own cost and PRS for Music shall not be liable to reimburse the Successful Composer for any additional costs and/or expenses incurred in electing to participate in the Project.
26. Applicants are deemed to have accepted and agreed to be bound by these terms and conditions upon applying for the Project. PRS for Music reserves the right to refuse participation in the Project to anyone who has breached these terms and conditions.
27. This opportunity is not open to employees of PRS for Music, Dunvagen Music Publishers and Orange Mountain Music or their families.
28. PRS for Music reserves the right to cancel, suspend, or amend this opportunity where it becomes necessary to do so. All dates referenced in these terms and conditions are subject to change where required.
29. These terms and conditions are governed by the laws of England and Wales and applicants agree to submit to the exclusive jurisdiction of the English courts.
30. The promoter of this opportunity is PRS for Music Limited, Goldings House, 2 Hays Lane, London, SE1 2HB.