PodShow Inc. ("PodShow"), through its website PodShow.com ("Website"), offers the unique opportunity for individuals or entities to submit one or more original music Works (typically by upload of computer files containing the Work(s)), to have such Works exposed to and made available for Broadcast, and to receive Attribution for such Broadcast of the Work(s) ("Service"). To take advantage of this Service, the persons submitting the Work(s) here by agree to the following Terms of Use.
Terms of Use
All submitted Works, as defined below, are provided under the terms of a Public License, as follows:
"Attribution" means recitation of the name of the author of a Work and the Work's title within a reasonable time after the work is Broadcasted, as well as the source of origin of the Work which shall be defined by PodShow within your Producer account, generally at a minimum attribution will include necessitation of the name of author Work, title of Work and source of origin of Work which is PodShow.com.
"Broadcast" means Work or an acceptable Derivative Work thereof that is played publicly for the benefit of interested listeners, and particularly when such Work is played by a listener accessing a digital file such as a podcast or streaming media file.
"Collective Work" means a work, such as an anthology or encyclopedia, in which the Work in its entirety and unmodified form, along with a number of other contributions, constituting separate and independent works in themselves are assembled into a collective whole. A work that constitutes a Collective Work shall not be deemed to be considered a Derivative Work as defined below. A podcast which contains the Work in combination with many other works would constitute a Collective Work.
"Derivative Work" means a work based upon the Work in which the Work may be recast, transformed or adapted. In the case of a mash of more than one musical work, such a work would constitute a Derivative Work.
"Licensor" means the individual or entity that submits the Work under the terms of this Public License.
"Music Database" means the Works stored by PodShow and made available to You.
"Original Author" means the individual or entity that created the entirety of the Work.
"Podcast" means a specific type of Broadcast, where the Work is incorporated into a file (which may contain one or more works and/or other material) which may be played on an iPod or similar device by individuals who have downloaded such file.
"Work" means each submitted copyrightable work of authorship provided under these Terms of Use.
"You" means an individual or entity exercising rights under these Terms of Use.a. the right, and to access the Music database and reproduce each Work included therein for the purpose of Broadcasting the Work, including the right to use and incorporate each Work into a Collective Work, which may itself be Broadcast.
b. the right to create a Derivative Works from each Work, provided that that the Work is not materially disparaged or materially injured in the Derivative Work. This right specifically permits you to use the Work in combination with other works as part of musical "mashes."
c. the right to create and distribute webcasts and Podcasts that contain the Works.
All other rights are hereby reserved by PodShow, the Licensors and Original Authors, including the copyright ownership rights to the Work.
The license granted in Section 2 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under these Terms of Use, and You must include a copy of, or the Uniform Resource Identifier for, these Terms of Use with every copy of the Work You distribute or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the Terms of Use. You may not sublicense the Work. You must keep intact all notices that refer to these Terms of Use and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with these Terms of Use. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to these Terms of Use. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
b. If you distribute or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide proper Attribution and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such Attribution may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.