CAPASSO – 20 De Korte Street, Braamfontein, Johannesburg, 2001

Please Note!

(Please ensure to mail your signed and complete OCW application for to audreys@capasso.co.za)

(A licence is only valid once payment has been received by CAPASSO. No manufacturing may be
carried out until a licence has been obtained)

Physical Transactional Licence Application Form

1. APPLICANT DETAILS

Name of Applicant (As well as Artist/Band Name):

Applicants Address:

Applicant Contact Details

Telephone#: Fax#:

Email: Website:

VAT No(If applicable):

Are you a RISA Member:

Yes □

No □

2. MANUFACTURER DETAILS
Name of Manufacturer

Manufacturer Address:

Manufacturer Contact Details (email/phone no:)

Telephone#: Fax#:

Email: Website:

3. PRODUCTION/ALBUM DETAILS

Title of Production/Album Name

Quantity of CDs DVDs

(If making a DVD, please provide a short description of the visuals)

Selling Price of CD’s DVD’s

Method of sale:

Online □ URL

Retail □ Retailer Name

Private □ Description
 Terms and Conditions

1. If you are making use of sound recordings which are not owned and/or controlled by you,
you are required to seek permission to use such sound recordings from the respective
Record Label or sound recording owner and attached proof of such permission to this
application

2. If you are making any form of translation, adaptation, arrangement, remix, mashup or any
other form of compositional change to a song, you are required to seek permission from the
respective Music Publisher for such change and attach such permission to this application

3. CAPASSO will not issue a licence until the proof of the above permissions has been provided

4. CAPASSO grants a licence under this agreement for any musical work (or part thereof)
consisting of a Musical Work (and any literary work written to be used with such music) the
copyright in which is owned and/or controlled from time to time by CAPASSO or their
respective member(s) or their respective affiliates.

5. In respect of musical works CAPASSO does not control (“Extended Repertoire Works”), but
are reproduced by the Applicant under this application, CAPASSO operates as a collecting
society and shall collect, from the Applicant, and distribute, on behalf of the Applicant,
licence fees in respect of all reproductions of the Extended Repertoire Works, and shall keep
the Applicant indemnified against any third party claims in respect of the Applicants
reproduction of the Extended Repertoire Works, subject to the following:

5.1.1. Applicant requires CAPASSO, and CAPASSO hereby undertakes, to take all reasonable
steps to find the holders of the rights relating to the Extended Repertoire Works and to
negotiate with them with a view to (i) getting them to either assign or license their
rights in respect of the reproduction of the Extended Repertoire Works in or by means
of the Applicants production, to CAPASSO; or where this is not possible, with a view to
(ii) getting them to accept payment of remuneration to them by CAPASSO from the
license fees, in respect of the reproduction of the Extended Repertoire Works in or by
means of Applicants production and upon such statutory rate as defined in Section 14
(1) of the South African Copyright Regulations 1978 as amended (iii) should CAPASSO be
unable to or fail to execute (i) and (ii) above, then CAPASSO shall be required to remit
all payments made to the CAPASSO in respect of the specific Extended Repertoire
Works in question. This shall be done within a reasonable time frame of CAPASSO being
notified of any claims made directly to the Applicant as contemplated in clause 6 below.
5.1.2. It is hereby recorded that the provisions of Clause 5.1.2 constitute a stipulatio alteri
(stipulation for the benefit of another) in favour of the holders of the rights relating to
the Extended Repertoire Works (the “Beneficiaries”) and that the said provisions shall
be discharged upon the Beneficiaries assigning or licensing their rights to Licensor; or
upon them accepting payment of remuneration, as contemplated in Clause 5.1.1 (the
“Stipulation Conditions”).

5.1.3. Where any of the Stipulation Conditions are fulfilled, or when the Extended Repertoire
payments are remitted to the Applicant as per Clause 5.1.1 (iii), CAPASSO shall be and is
hereby completely absolved from its obligation to indemnify the Applicant, and the
Applicant hereby agrees and acknowledges that CAPASSO’s obligation in this regard
shall have been completely extinguished, and that the Applicant shall thereafter have
no further claim or cause of action against CAPASSO in relation to the Applicants
reproduction of the Extended Repertoire Works.

6. The Applicant undertakes to notify CAPASSO in writing and provide CAPASSO with copies of
any claim received, and all relevant documents in respect thereof, within 48 hours of receipt
of such documents and/or claim from any third party to enable CAPASSO to deal with such
claim. Failure to do so will nullify the indemnities as contained herein.

7. CAPASSO will not be held liable for an applicants failure to acquire all necessary rights prior
to the release of the production

By signing my name below, I hereby certify that I have read and understood the above Terms and
Conditions. I have been given an opportunity to raise any questions concerning these Terms and
Conditions and such questions have been discussed. My signature also certifies my agreement and
adherence with the above Terms and Conditions.
Signed

Name

Date
 Is this a
No: of tracks Title of song Composer/Author Publisher Orignial Title Original Aritst translation
Yes/No
 (In the case of using a translation, please complete the following)

Translated Title Original Title Composer/Author Publisher