In the context of the Lyrics Tool, MusicHub allows you to send song lyrics (the song lyrics provided via the Lyrics Tool together with metadata and including any annotations hereinafter referred to as "Lyrics") to so-called "Lyrics Partners"; the Lyrics Partners may be operators of websites, apps, search engines or other digital media offerings that publish song lyrics, or DSPs as defined in the Specifications of Services of the Release Tool, or also so-called song lyrics aggregators that supply the aforementioned companies with verified and licensed song lyrics. For the distribution of song lyrics - conditional on your use of the Lyrics-Tool - the following Special Terms and Conditions apply in addition to the General Terms and Conditions.
a. MusicHub cannot guarantee that the Lyrics Partners will include your Lyrics in their services. MusicHub also cannot guarantee that the Lyrics Partners will remove from their services lyrics provided by third parties (such as fans as so-called "User Generated Content") that do not match your Lyrics. However, MusicHub will use reasonable efforts to make the official Lyrics provided by you available in the most important and relevant places with the help of Lyrics partners. You can find out which Lyrics partners we supply in the Help Center under FAQs.
b. The focus of our Lyrics Tool is the distribution of your song lyrics to enable fans on many different platforms to engage with your song lyrics. Wherever revenue is generated from the publication of your Lyrics, we will seek an appropriate royalty share of such revenue. However, we cannot guarantee monetization by Lyrics Partners and distribution of royalties to MusicHub for all conceivable uses.
a. You grant MusicHub a non-exclusive, worldwide license, limited in time to the duration of your membership with MusicHub and transferable to the Lyrics Partners, to exploit the graphic rights to the Lyrics. MusicHub accepts this grant of rights. The granting of rights includes, in particular, the right to reproduce, distribute, make publicly available and broadcast the Lyrics, including the statutory participation claims arising from these rights, unless these have been exclusively assigned to a collecting society, but exclusively as a so-called transitory right, which only Lyrics Partners and their service providers and end customers are entitled to exercise, but not MusicHub itself. The aforementioned grant of rights also includes, in particular, the use of the Lyrics within the scope of streaming, download, social media and other digital services, including the synchronization with sound and video recordings, and the connection with the name, logo, biography and discography of the performers as well as the title, cover, artwork and video of recordings of the underlying work, using a wide variety of business models such as purchase, subscription, usages financed by advertising or by other means.
b. You also grant to MusicHub - solely as a transitory right for sublicensing to the Lyrics Partners - the right to convert the Lyrics into languages other than the original language, including the right to use such conversions to the same extent as described above. Such conversions may only reproduce the meaning of the original lyrics word for word and may not represent "translations" in the sense of an artistic rephrasing taking into account the rhythm etc. of the associated composition; the creation of an adaptation in the sense of a copyrighted work is therefore not permitted to the Lyrics partners during the conversion.
a. You may take your Lyrics down at any time without notice of any reason through the distributor by sending an email to firstname.lastname@example.org, in which case, a so-called “Takedown Notice” will be sent by MusicHub to all Lyric Partners with the request to remove the respective Lyrics from the service.
b. If your subscription ends, this does not automatically mean that your Lyrics will be taken down by the distributor, because your MusicHub account will not simultaneously be deleted. In this case, your Lyrics will remain available via the Lyric Partners until you revoke the rights yourself or your MusicHub account is terminated according to section IX of the General Terms and Conditions and MusicHub takes your Lyrics down. You will continue to receive the revenue share and billing mentioned in section IV, which you can manage in your account. However, if you have not purchased a new subscription within 12 months after the termination of your subscription, MusicHub reserves the right to take your Lyrics down despite the continued existence of your account, in particular if the cost of billing is grossly disproportionate to the benefits from your revenues. However, there is no obligation to take your Lyrics down after 12 months.
c. Furthermore, MusicHub is entitled to take your Lyrics down, with or without termination of your account, if you violate the General Terms and Conditions, especially sections II. to VII., or these “Special Terms and Conditions Release for Lyric”, especially section V. This means, MusicHub can take your Lyrics down if rights of third parties are asserted, or if the Lyrics may violate legal regulations.
a. You will receive a “Royalty” calculated as a percentage of the Net Income (defined as gross royalty income less VAT) of MusicHub from the graphical exploitation of your Lyrics in the amount of ninety per cent (90%).
b. Royalties allocated to your Lyrics will be reported to you by MusicHub via the “Balance Dashboard” in MusicHub, promptly after the receipt and processing of the reports of the Lyrics Partners. The full amount of reported Royalties that have not been paid out yet will also be shown in the dashboard. You can request a partial or full pay out at any time in the MusicHub Dashboard. The minimum amount for a pay out is €5.00 (five euros); your right to a pay out of the remaining amount upon termination of your membership remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding membership fees or other claims of MusicHub against you.
c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data in MusicHub up-to-date at all times, in particular regarding your residence, tax number, small business status and withholding tax exemption. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”).
d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro area and for the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be shown to you when you select the respective payment method.
a. You know best who has contributed to your Lyrics and whether the rights in your Lyrics have already been assigned before. MusicHub, the Lyric Partners and the DSPs must be able to rely on you in this respect.
b. You therefore warrant and represent to MusicHub that
This means in particular that
c. Rights which have been assigned to GEMA for fiduciary management shall not be covered by this warranty.
d. The indemnification clause in section X of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.