In February 2003 Orange Entertainment Alain Bertoni und Christian Hamm GbR and Earth Television Network AG signed a cooperation agreement (translated from German “Kooperationsvertrag”) to produce and market the the exclusive soundtrack for the television programs “LIVEtour” and “WeltLIVE” (“WorldLIVE”) produced by Earth Television Network for television channels such as N-TV in Germany.
Preamble of the cooperation agreement
Earth Television Network broadcasts daily on N-TV the programs “LIVEtour” (90 seconds each hour; a total of 17 times) and WeltLIVE – 180 seconds each; four times a day) (both of the aforementioned programs hereinafter referred to as “programs”) with a total transmission time of variable and currently around 37.5 minutes per day. Earth Television Network would like to have these programs set to music and also exploit the music internationally in the form of sound carriers. The rights to the names/brands “LIVETour” and “WeltLIVE” as well as the right to the concept or TV project of the programs and the right to exploit ancillary rights originally and for the duration of this contract belong exclusively to Earth Television Network
Orange Entertainment has over 15 years of experience in the music business producing for international record companies. Orange Entertainment has designed the music concept “Earth Grooves” as soundtrack for the programs produced and broadcast by Earth Television Network and further and based on this for the purpose of exploiting the sound recordings made in this context in the sound carrier area is to be implemented. Orange will produce the music required for the background music in accordance with the following conditions and market it internationally together with Earth Television Network via an established record producer on a license or distribution agreement basis.
Responsibilities of Earth Television Network
Earth Television Network will underly the music, delivered by Orange, to it programs such as “WorldLIVE”. ETN is only obliged to use this music if it corresponds to the “Earthgrooves” concept referred to in the preamble to this contract and the production standard of the music supplied is not significantly different from the standard of the music already delivered by Orange prior to the agreement.
Earth Television Network will endeavor to use the music supplied by Orange in other programs as far as possible. Earth Television Network will continue to endeavor to offer comparable programs to other TV broadcasters worldwide or to produce and license such programs and to use the music supplied by Orange for this purpose too.
Earth Television Network provides the artworks for the design of the sound carrier envelopes as well as for use for the sound carrier advertising campaigns free of charge to Orange. Earth Television Network will coordinate the design of the artwork with Orange. The original copyrights to the artwork remain with Earth Television Network for the duration of the project.
Responsibilities of Orange
Orange will design the music concept for “Earth Grooves” and refine the concept for the N-TV target group or for the respective target group profiles of Earth Television Network’s other TV partners, taking into account and observing the respective ideas and specifications of Earth Television Network.
Orange will be the Producer of all the music for television broadcasting and use in all other audio-visual media, insofar as Orange itself has these rights, for the programs “LIVE tour” and “WeltLIVE” or the further programs developed by Earth Television Network for other TV partners and programs produced.
Orange will be responsible for all A&R Services, worldwide.
Orange will manage the acquisitions of any rights from third parties relating to the sound carrier, as far as possible and necessary, worldwide, for the purpose of evaluating the respective sound recordings on “EarthGrooves” compilations and for use in the television programs produced by ETN and all other audio-visual media, worldwide, including the negotiation of the license agreements with third parties that may be required for the exploitation of the compilations or other TV-related use of the respective sound recordings. ETN is the contractual partner for the license agreements to be concluded with third parties.
