https://youtube/watch?v=GQKk6QyOxZ8 Einsturzende Neubauten - Halber Mensch Mute Records released the video through its video license agreement with BMG Video which expired back in August 1998 Letter (via Fax) Dated 29th January 1991. FAX. Sent 13:42 to 01714952344. 1 Page. Between Hildisch/Chung, Einsturzende Neubauten, Spaldingstr.74 d-2000 Hamburg.& Mute Records, Attn: John McRobie. SUBJECT: “Halber Mensch” Film. MESSAGE: Dear John, dear Daniel, Please remember opportunity to buy rights for above mentioned film as discussed with Mark. An offer should be made pretty soon. It would be nice to come back to us, as soon as you made a decision on this matter. With best regards, Jaki Hildisch, for M. Chung. Mute Records come to the conclusion that Mute unable to prove that Mute Records actually owns and/or controls the exploitation rights to said video. Mute Records paid the sum of £2,000 to a company called “SEIBU” in Japan back in 1991 in return for which Mute Records were granted to video exploitation rights to said video. Agreement dated 5th December 2002. Between Mute Records Limited & Stephen (“Stevo”) Pearce t/a Some Bizarre (“Some Bizarre”). Dear Stevo, Re: Einsturzende Neubauten (“Artists”) Further to our discussions regarding the video of the recording by the Artists entitled “Halber Mensch” (the “Video”) we set out herein the terms on which you shall release us from and fully indemnify us against all claims in respect of our exploitation thereof. You warrant that you own and hold all copyright and other rights at all relevant times and are fully entitled to enter into this agreement. Mute shall following signature hereof pay you the sum of £... (plus VAT upon receipt of a valid VAT invoice) in full and final settlement of all and any claims you may have against Mute in respect of the matters herein. Some Bizarre shall herein be deemed to include all its associates assignees subsidiaries licensees affiliates and others purporting to hold rights by or through it or Stephen Pearce in respect of the subject matter hereof. Some Bizarre agree to be responsible for making any and all payments necessary to the Artists in respect hereof. Some Bizarre shall indemnify and keep Mute fully indemnified in respect of all claims, actions or demands from the Artists and/or others in respect of the subject matter hereof. In consideration of the payment made by Mute to Some Bizarre, Some Bizarre hereby release Mute its servants, officers and employees from all claims demands damages debts liabilities accounts reckoning costs and expenses whether now or hereafter becoming known and which it may now, heretofore or hereafter have or hold against Mute its servants officers and employees throughout the world in respect of Mute’s exploitation of the Video and any other masters or recordings of the Artists prior to the date hereof. Mute hereby confirm that after the date hereof it has no rights to exploit the Video. Mute may assign this agreement to any parent affiliate subsidiary or holding company or to any person firm or company purchasing all or substantially all of Mute’s assets or shares or with which Mute may merge. Neither Some Bizarre nor anyone on Some Bizarre’s behalf shall make or give any statement, interview or other information concerning this agreement to any third party. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof. This agreement contains the entire understanding of the parties relating to its subject matter. No change of this agreement will be binding unless signed by the parties hereto. A waiver by either party of any provision of this agreement in any instance shall not be deemed a waiver for the future. All remedies rights, undertakings and obligations contained in this agreement shall be cumulative and none of them shall limit any other remedy, right, undertaking or obligation of either party. This agreement shall be governed by and construed in accordance with the laws of England whose courts shall be the exclusive courts of competent jurisdiction. Please sign below to confirm your agreement to the terms and conditions set out herein.
Posted on: Tue, 25 Nov 2014 12:24:09 +0000
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