Learn2soar Licensing Agreement
Other terms and conditions documents which should be read in conjunction with the terms displayed on this page:
TERMS AND CONDITIONS OF SALE
TERMS OF USE
LICENCE AGREEMENT
PRIVACY / COOKIE POLICY
LICENSING / COPYRIGHT AGREEMENT
EXPLANATION: Each Learn2soar publication contains an ‘Annual Licence Agreement’. This page gives a preview of the contents of that document. Please note that the actual licence you will receive is not included below, just the wording of the surrounding agreement.
1. DEFINITIONS / AGREEMENT:
A) DEFINITIONS:
(i) PARTIES INVOLVED: This agreement is made between the publisher, Learn2soar Limited (Registered in England & Wales: 04784003. Registered Office: 36A Market Street, New Mills, High Peak, SK22 4AA. United Kingdom, also trading as “Learn2soar Music”, hereafter referred to as “Learn2soar”, or “we” / “our” / “us”), and the ordering establishment, organisation, firm, company or entity, (hereafter referred to as the “establishment”) or individual buyer on behalf of any establishment that the individual buyer represents, or individual buyer acting alone, or any user directly connected to the individual buyer or establishment, (hereafter any establishment, buyer or user may also be referred to as the “buyer” / “user” / “you” / “your” as appropriate).
(ii) PUBLICATION: This agreement relates to the use of one particular publication / play / musical / production / assembly / song collection (hereafter referred to as the “publication”) which includes all digital / physical files resourced from within it, included via any format / media, which can be, or have been streamed, downloaded, accessed, viewed, saved, copied, printed or photocopied. Currently, all Learn2soar publications are available in two formats, a ‘Digital Publication’, or a ‘Complete Pack’, although other formats may be in existence to allow access to the same publication.
(iii) TITLE: The specific title of the publication that this document relates to, can be definitively ascertained from the associated / invoice / receipt / confirmation that accompanied the buyer’s order.
(iv) SUBSCRIPTION: The term “subscription” refers to an arrangement for the buyer to receive a service from Learn2soar, providing access to a set publication, in conjunction with any associated licenses, for a set period of time (one-year only unless stated otherwise), which is also referred to as the “subscription period”.
(v) DATES: Where this agreement refers to an order date (hereafter referred to as the “order date”, or “subscription start date”), it refers to the exact date on which the buyer successfully placed their order with Learn2soar via any means, and in return was sent or given some form of order acknowledgment by us, regardless of whether the buyer received said order acknowledgement or not, and regardless of whether payment was made at the time of ordering or not.
B) YOUR AGREEMENT: By proceeding to access the publication in any way, you indicate your agreement that you will fully comply with all the terms and conditions stated in this document. If this agreement is breached in any way, Learn2soar reserves the right to seek appropriate compensation / redress, and legal action may be taken against you.
2. YOUR ANNUAL LICENCE:
Once you have ordered your publication, this section of the included licence agreement will contain your annual licence. This will be a ‘combined licence’ which comprises of three elements:
(i) PERFORMANCE LICENCE: This section will grant permission to the buyer, to stage as many performances as is required of any aspect of the publication, at any time within a period of one year only, commencing from the order date. Any performance must comply with all terms and conditions set out in this document.
(ii) BASIC USER LICENCE: This section will grant permission to the buyer, to make appropriate use of any aspect of any digital / physical file or resource included within, associated with, adapted or produced from the publication, within a period of one year only, commencing from the order date. The usage of any such files and resources must be fully compliant with all terms and conditions set out in this document, and with all the terms set out in any associated extended site licence which the buyer may choose to purchase from Learn2soar as an optional extra.
(iii) BASIC RECORDING RIGHTS LICENCE: This section will grant permission to the buyer to live stream, or record any performance of the publication, and to distribute that stream / recording, within the terms described in section 10 below, in conjunction with all related terms and conditions set out in this document, and with all the terms set out in any associated extended recording licence which the buyer may choose to purchase from Learn2soar as an optional extra. Any live stream, recording or distribution must take place within a period of one year only, commencing from the order date.
3. SUBSCRIPTIONS:
(A) RENEWAL: At the end of any subscription period, you will have the option to purchase a new subscription. There is no automatic subscription renewal, and no requirement to renew. You can order a new subscription at any time of your choosing, by purchasing a new subscription to the relevant publication as and when required, at whatever price and terms are set at that time.
(B) FORMAT: A subscription can be ordered via any format available at the time of ordering. Buyers are not required to order a new subscription in precisely the same format as previously ordered.
(C) END OF USE: When a subscription period ends and the option to order a new subscription is not taken, any streaming / download services provided by Learn2soar in connection to the publication will cease, further performances / recordings of any type in connection to the publication will not be permitted, and any files the buyer / user has saved / printed / copied from the publication, must be deleted, destroyed, or stored securely in such a way that they cannot be accessed again, until a time when the buyer has ordered a new subscription for the same publication. Please note however, that in certain circumstances Learn2soar will only licence the use of the most up-to-date version of a publication, and reserve the right to forbid the use of old, outdated scripts, songs and associated resources, even after a new subscription to the relevant publication has been ordered.
4. DIGITAL FILES COPYING / SHARING:
A) USER LICENCE: A basic user licence is included, which entitles the buyer and any associated user to collectively access any of the digital files or resources contained within the publication, using no more than four separate devices, within the licensing terms stated in section 2. The devices used must be directly owned by the buyer / user. The files must remain on or be accessed by those specific devices only and may not be shared with, or accessed by any further devices, in any way, shape or form.
B) SITE LICENCE: If you would like to increase the device limit specified in the basic user licence, to allow access by more than four devices, then you can purchase a ‘Site Licence’.
5. SONG LYRICS / SHEET MUSIC – REPRODUCTION RIGHTS:
A) CCLI REPORTING: Unlimited reproduction / display of lyrics / sheet music contained within the publication via any means, is covered if your establishment holds relevant licences from CCLI (Christian Copyright Licensing International) and where appropriate you log any ongoing use of these songs with them, and the material is only used on behalf of your establishment. If your establishment doesn’t have any licensing arrangement with CCLI, then we recommend that you contact CCLI at your earliest convenience, although there is no legal requirement to do so. State schools in England (UK) are currently entitled to obtain licensing from CCLI for free but must still report song usage as appropriate. Any other organisation in England, or around the world seeking to obtain licensing from CCLI will normally have to pay CCLI for that licensing.
B) NO CCLI REPORTING: Where the buyer is unable to report song usage to CCLI for any reason, then any lyric / sheet music reproduction is limited as follows:
(i) SHEET MUSIC: The total amount of any kind of physical reproduction of any one piece of sheet music, must be no more than the maximum number of devices specified in the buyer’s ‘user licence / site licence’. For example, if a buyer only holds the included ‘basic user licence’ (maximum number of four devices) then no one piece of sheet music can be physically reproduced more than four times, via any format or media. Or, if a buyer makes an additional order for ‘Site Licence Category A’ which allows up to ten devices, then that would allow up to ten physical reproductions of any single piece of sheet music. Therefore, please purchase the relevant site licence to cover your usage, as required.
(ii) SONG LYRICS: The total amount of any kind of physical reproduction of any song sheet, or any one set of lyrics (excluding lyrics contained within scripts), must be no more than twenty-five times the maximum number of devices specified in the buyer’s ‘user licence / site licence’. For example, if a buyer only holds the included ‘basic user licence’ (maximum number of four devices) then no one set of lyrics, or single song sheet can be physically reproduced more than one hundred times, via any format or media. Or, if a buyer makes an additional order for ‘Site Licence Category A’ which allows up to ten devices, then that would allow up to two hundred and fifty physical reproductions. Therefore, please purchase the relevant site licence to cover your usage, as required.
(iii) DIGITAL DISPLAY: In addition to the above, sheet music and song lyrics can be displayed digitally in accordance with the device limit specified in your ‘user/site licence’. For example, if a buyer only holds the included ‘basic user licence’ (maximum number of four devices) then each of those four devices can display any one piece of sheet music or one set of song lyrics, with just one resource at a time being displayed on each of the four devices. If required, you may connect any of your allowed devices to a large display screen, or projector. If you wish to display on more devices simultaneously, please purchase the relevant site licence to cover your usage, as required.
6. SCRIPTS – REPRODUCTION RIGHTS:
(A) FULL SCRIPTS: The total amount of any kind of reproduction of any one full script document (regardless of whether you have edited / adapted it or not), must be no more than twenty-five times the maximum number of devices specified in the buyer’s ‘user licence / site licence’. For example, if a buyer only holds the included ‘basic user licence’ (maximum number of four devices) then no one full script document can be reproduced more than one hundred times, via any format or media. Or, if a buyer makes an additional order for ‘Site Licence Category A’ which allows up to ten devices, then that would allow up to two hundred and fifty reproductions of any one full script document. Therefore, please purchase the relevant site licence to cover your usage, as required.
(B) SMALL PARTS: If a buyer wishes to print or distribute parts or sections of any script to a large number of cast members for rehearsal purposes, then there is no limit on the total amount of reproduction, providing that only sections of scripts are distributed, and not full scripts.
(C) DIGITAL DISPLAY: In addition to the above, scripts can be displayed digitally in accordance with the device limit specified in your ‘user/site licence’. For example, if a buyer only holds the included ‘basic user licence’ (maximum number of four devices) then each of those four devices can display any script on each of the four devices. If required, you may connect any of your allowed devices to a large display, or projector. If you wish to display on more devices simultaneously, please purchase the relevant site licence to cover your usage, as required.
7. INTELLECTUAL PROPERTY:
Various elements of copyrighted media can be found within every Learn2soar publication, including but not limited to audio, image, video, text and multimedia files. Most of this media has been created by Learn2soar employees, and some pieces of media are stock media items licensed to Learn2soar for a limited use. Regardless of the source and nature of the media and regardless of the type of inclusion within the publication, any included piece of media can only be used within the confines of these terms and conditions, and only within the context for which the media has been provided. Any alternative use is prohibited. No media can be extracted from the publication to be repurposed, shared, distributed or resold in any way, shape or form. The only minor exception is the use of the publication’s main cover image (usually saved as a file labelled ‘CD Cover Image’) which can be used on any advertising / ticketing / programme notes you intend to produce, as long as it directly relates to your own establishment’s performance of the publication’s contents.
If you are in any doubt over a specific use that you have in mind for any media item included within the publication, then please contact us prior to your intended use.
8. CD DUPLICATION RIGHTS:
This section relates to physical Compact Discs (CDs).
(i) PHYSICAL DUPLICATION: You can duplicate and retain no more than one back up copy of any full-priced CD purchased from us, at any one time.
(ii) DIGITAL CD CREATION: If you have ordered a digital version only (stream / download) then you may use the contained digital audio files to create no more than two physical CDs at any one time.
(iii) PIRACY: No buyer / user is allowed to make multiple copies in excess of the limits stated in points (i) and (ii) above. Such actions will be treated as ‘acts of piracy’ and legal action may be taken. However, multiple CD copies of any Learn2soar publication can be purchased at a discounted rate from our website, by visiting the relevant product page and selecting the ‘Rehearsal Pack’ option.
9. DISTRIBUTION OF RESOURCES :
(A) PUBLIC DOMAIN: No material from any Learn2soar publication may be openly placed into the public domain in any way, shape, or form, for example via websites, social media or apps, or via film, television, radio, or print media, without the express, written permission of Learn2soar. This includes any digital or physical resource taken directly from, adapted from, or associated with any Learn2soar publication. The only exception is in the case of any audio / visual recording of any type of performance produced by the buyer / user, provided that the terms in section 10 below are complied with.
(B) THIRD-PARTY RESOURCES: In the case of any breach of this agreement with regards to any digital element licensed to Learn2soar for limited use within any publication, but where Learn2soar is not the original copyright owner, (e.g. stock images, stock footage, stock audio samples) should the original copyright holder make a claim against any user for unauthorised use, Learn2soar shall have no liability to you or the relevant user and you agree to indemnify and hold Learn2soar, its officers, employees, shareholders and directors, harmless against any costs, damages or liability of any kind incurred or suffered by Learn2soar arising out of such breach.
10. RECORDING RIGHTS:
A) PERSONAL USE: Any person can make an audio / visual recording of a performance which contains any aspect of any of our publications at any time, free of charge, provided it is strictly for limited personal use only, meaning that it cannot be re-sold, shared, distributed, or openly placed online, or on any social media, in any way, shape or form.
B) DISTRIBUTION / STREAMING: If any user would like to record a performance which contains any aspect of any of our publications, in order to distribute, or sell access to recordings of that performance on CD / DVD, or via online stream or download, then a ‘recording rights licence’ issued by Learn2soar needs to be in place, with the following terms adhered to:
(i) LICENCE LEVELS: The included ‘basic recording licence’ allows you to distribute a recording of your performance to no more than 50 users / units. This means for example, no more than 50 units of DVDs or other media, or if you are distributing via online download / streaming, then to no more than 50 users, or 50 viewing family units. If you wish to distribute your recording to more than 50 users/units, then you will need to obtain an extended ‘Recording Rights Licence’ directly from Learn2soar. For further clarification regarding definitions of users / units, and other frequently asked questions, please see our ‘recording licence’ page.
(ii) PASSWORD PROTECTION: Any recording of your performance placed online must be password protected somehow. It may not be publicly posted anywhere on the internet or social media channels in such a way that it becomes free and open for anyone in the world to view it. However, uploading or streaming your recording via a password protected environment, or via a secure channel like a private Zoom room, is allowed, as long as the download / stream can only be accessed by the staff / family / friends of your establishment, and as long as the licence you obtain from our website reflects the anticipated number of families accessing it, as well as any possible charges you are making for access.
(iii) SOCIAL MEDIA: We do allow you to place very short clips of your performance on social media, in a non-profit making capacity, provided that Learn2soar is credited, or tagged into the post. Any short clip must be no more than one minute in length and must also be no more than 50% of any one song, and with no more than 4 clips posted in total.
11. ADAPTING MATERIAL TO SUIT YOUR PERFORMANCE NEEDS:
Editable scripts and editable song sheets are provided, allowing the buyer / user to make any minor changes that are required, to rewrite any section of any script, shorten any script, lengthen any script, rewrite any section of any lyrics, or to use any alternative songs. Similarly, with regards to any included advice about staging, rehearsals, costumes, make-up or scenery included in any part of the publication, the buyer / user is free to alter, disregard, or add to any of it, as required, provided all other requirements specified in this document are adhered to. There is normally no need to contact us to ask for any special permissions, with regards to any changes you wish to make to any aspect of the publication, prior to any performances, rehearsals or activities you wish to hold. However, there are three basic rules that must be followed:
(i) RETAIN THE SPIRIT OF THE PUBLICATION: Throughout any editing, you must ensure that the storyline / spirit of the original source material remains intact.
(ii) DO NOT ADD ANY OFFENSIVE MATERIAL: Under no circumstance should you seek to add any text, imagery or action to any script or song from the publication, or any related scenery, costume, make up, background image, dance, movement, acting directive, advertising, activity sheet, programme or ticketing, which could possibly be seen as a profanity, or be seen as being blasphemous, sacrilegious, lewd, offensive, obscene, insulting, defamatory, disparaging, illicit or politicized, in any way, shape or form. Furthermore, no aspect of any section of the publication can be included as part of a separate work (written or published by individuals, publishers or establishments not connected with Learn2soar) which contains any type of potentially offensive material (as previously detailed) in any section of that work.
(iii) ACCREDITATION: Buyers / users are not allowed to claim any aspect of any Learn2soar publication as being their own work.
If at any time, we discover that a performance is planned which goes against any of these guidelines, then we reserve the right to deny permission for that performance to go ahead. Any subsequent performance without appropriate remedial changes would then be classed as an “unauthorised performance”. Similarly, if at any stage, we discover that a performance which goes against these guidelines has already taken place, then that too will be classed as an unauthorised performance. And in the case of any unauthorised performance which has taken place in any way, shape or form, at any time, we reserve the right to seek appropriate compensation / redress for any damages caused to our brand, our company and our writers.
12. TERMS OF USE:
(A) USAGE: This entire publication is protected by copyright. Any buyer / user may use any of it in any way they see fit, on behalf of one single establishment only, provided that usage remains within all the terms and conditions set out in this document, as well as Learn2soar Limited’s full terms and conditions, as displayed on the Learn2soar.co.uk website:
https://www.learn2soar.co.uk/terms-and-conditions
(B) CHANGES TO TERMS: Learn2soar reserves the right to make changes to this document at any time, and your use of this publication will always be bound by the most up-to-date version of this document. Therefore, you are advised to check it again regularly, especially if your use of the publication evolves. If, in future years, a new subscription for this publication is ordered by the buyer, any such future purchase would create a new licence agreement, based on whatever terms / licensing arrangements Learn2soar has in place at that point, and you are strongly advised to go read this document again at that time.
(C) LIABILITY: Learn2soar is not liable for any damages arising in contract, tort or otherwise from the use of, or inability to use, any aspect of this publication, in any way, shape or form, or from any action or decision taken as a result of using this publication in any way, shape or form. Users use this publication entirely at their own discretion and risk. And further, with regards to any documents which provide any type of staging advice or performance advice, found within this publication, or on the Learn2soar website, users accept that the contents of these documents or publications are provided as non-binding guidance only. The act of following, or not following any aspect of the guidance provided in these documents is done so completely at the user’s own discretion and risk. All users accept without equivocation, that Learn2soar, including all of Learn2soar’s employees, writers and directors, cannot be held liable in any way, shape or form, for any injury, infection, illness, death, insult, loss, defamation, damage, or legal action, which results or arises from any activities the user undertakes, organises or participates in, which utilise any aspect of Learn2oar’s website or this publication.
(D) GOVERNING LAW: This entire licence agreement is governed by and shall be interpreted in accordance with English law. The courts of England and Wales have exclusive jurisdiction over any disputes or claims concerning this agreement and you agree not to commence any action against Learn2soar other than in the courts of England and Wales. Notwithstanding this, you agree that Learn2soar shall be allowed to apply for injunctive remedies in any jurisdiction.
(E) ENFORCEMENT: If any aspect of this agreement is found to be invalid or unenforceable by any court in any jurisdiction, such invalidity or unenforceability shall not affect the remainder of the agreement, which shall still be fully enforceable.
(F) BREACHES: In the event of any breach of this agreement, the supply of any future services may be withdrawn, and appropriate compensation / redress will be sought, where applicable.