AGREEMENT

PRIVATE AGREEMENT
BETWEEN
Mr Angelo Catapano resident in Rome, Via Taurasia n 9, and Mr Roberto D'Autilia resident in Rome, Via dei Taurini n 24/6 (hereinafter also referred to as the "web sites owners",
AND
Mr. ............................................. (hereinafter also referred to as "artist" or "author")
Whereas
- the web sites owners have created and are owners of two registered Web sites named "musicacontemporanea.com" and "musicacontemporanea.org";

- with the prior consent of authors and at the conditions mentioned below, the above mentioned sites intend to publish and release on the Net music scores (classical, symphonic music, etc.) which have been sent by the authors themselves via data communication or in paper;

- such public release intends to promote the circulation of cultural and informative heritage in the music field, encouraging the free flow of information and the contact of intellects and cultures with the final aim of critiques, discussion and teaching, without this constituting impediment or competition of the economic use of the works;

- it is in the artist's interest to have his/her works published on the sites;

the parties agree as follows:


1) the above premises form an integral part of the present agreement;

2) up until the termination of the relationship as established by articles 13 and 14 of the present agreement, the artist authorizes the websites owners to publish, via the Internet on the sites musicacontemporanea.com and musicacontemporanea.org, or successive new denominations, those works which he/she will send via any means, and which the websites owners, having no exclusive right and following payment, will make available to universities, conservatoires, music schools, and the public in general (hereinafter also referred to as "end clients"). The above authorization also covers other future innovative systems apt to achieve the reproduction and circulation of the music scores sent by the authors through data communication networks;

3) the artist states to be the only author of the works sent, warrants that they are legally at his disposal and do not violate any third parties' rights, since they are the exclusive result of his/her own creativity and his/her own inventiveness, and he/she is unalienable owner of the moral rights on the same. Should the works have been created with the undistinguishable and inseparable contribution of others, the various authors will have to inform the web sites owners immediately, and all will have to sign the present agreement;

4) the artist is under obligation to inform the web sites owners of the existence of other agreements with other publishers and of the existence both of other subjects' ownership of enforceable exclusive rights concerning the works sent, and of the prohibition to publish with other publishers. Should such communications not be made, and should third parties' rights be in existence, the web sites owners will not be liable for claims made by third parties, and cannot in any way be held responsible for possible damages to the formers' rights deriving from their activities;

5) the author agrees to take full responsibility for all statements rendered in articles 3 and 4 above, expressly relieving the web sites owners from any responsibility and from the burden of ascertainment and verification of said statements;

6) the web sites owners undertake to indicate, in their site's visual spaces, the name and surname of the author, the title of the work and the name of possible publishers who may have published in the past the music score in question;

7) should possible adaptations and modifications to the works, or part of the same, be deemed necessary due to the nature of the online use's technical requirements, they will be made in observance with the right of authorship, without distortions or revisions to its integrity. The author in any case declares to have viewed the sites and, as far as graphics and contents are concerned, judges them well made and apt to receive his/her own works;

8) the uses made by the public of the music scores published by the web sites, also following downloading, are for studies, critiques and discussion, and the end clients are therefore forbidden any type of economic use of the works, including broadcasting, copying, distribution, reintroduction on the Net, public playing etc.;

9) the web sites owners are expressly relieved from all responsibility in case of violation of the prohibitions as stated in article 8 above or, in any case, in case of the end clients' violation of the author's or third parties' own rights;

10) as long as this agreement is in force, the author will have the possibility to enter the sites and open the web pages containing his/her own published works using a password created by the web sites owners, which the author will receive and undertakes to keep private, being responsible for its safekeeping;

11) profits related to private or public subjects' economic exploitation of the works published on the sites, deriving from whichever mean as, by way of example, public execution, copying and distribution by means of media or data communication, television and radio broadcasting, transfer of the rights for economic exploitation, etc., will be divided between the web sites owners and the artist in the measure of 50% each, and the latter will receive the sum within 60 days from effective cashing of the profits, minus expenses incurred by the web sites owners;

12) the present agreement has an indeterminate duration and will be in force and binding upon reception of the original copy signed by the artist together with his/her identification document;

13) both parties may terminate the present agreement at all times following notice to be sent by registered return mail. In case of notice given by the artist, the termination will be considered effective, with consequent release from obligations established by the present agreement, and cancellation of artist's works from the sites, as of one year from the date of reception of the termination notice sent by registered return mail;

14) the web sites owners have no obligation to publish or return the scores sent;

15) the author undertakes to relieve the web sites owners and make them not liable for any and all losses, damages, responsibilities, costs, burdens and expenses, including legal ones, should these arise or be incurred by the websites owners due to any undisclosed or false information given by the author, this means due to the author's non compliance to obligations and warranties set by the present agreement, and in any case due to circulation on the Net of the music scores, even in case of damages claimed by third parties for whatever motive;

16) in case of non compliance to obligations contained in articles 3, 4 (information responsibility), and 11 (division of rights for economic exploitation), the web sites owners reserve themselves the right to resolve the present agreement, and the right to be reimbursed for other losses;

17) any derogative, integrative or complementary clause to the present agreement must be agreed upon in writing;

18) in case of death of the author, the relationship regulated by the present agreement will continue with the author's heirs;

19) any dispute - direct or indirect - arising from the present agreement or in any case related to the same, will be subject to the Italian law, giving the Court of Rome exclusive competence in the ruling.

Date ..................

The Web Sites Owners The Artist
______________________ ____________
______________________


According to articles 1341 and 1342 of the Italian Civil Code, the conditions set by the following articles are specifically and expressly accepted:

2) authorization for introduction on the Net; 3) and 4) warranty for statements given by the author; 9) deliverance of the web sites owners from responsibility in case of third parties' violation of the author's right ; 11) economic exploitation and sharing of profits; 12) duration; 13) termination; 14) publishing and return of the works; 15) author's deliverance and warranty for his/her statements and non compliance and web sites owners' relief from responsibility; 16) resolution clause; 19) governing law and exclusive Court.

Signed for acceptance:

The Author

______________________