Lending Order

Of the

Music Fund (MF)

I. GENERAL PRICIPLES

1. Lend (Lease) or the borrowing of sheet music materials of music composers´s works is being provided in Music Fund (hereinafter called „MF“) by the Shop Musica Slovaca and the music sheet archive (hereinafter called „MA“).

2. MA lends (leases) or borrows its own music sheet materials of orchestral, vocal symphonic works, music-dramatic works as well as scores of chamber works to domestic and foreign orchestras, music schools, music institutions and individual interested parties, whereupon:

a) leases for commercial purposes (for instance for public performances, recording on a master-tape for the purpose of the production of an audio medium, radio and television broadcast and so forth) and

b) borrows exclusively for means of studies.

3. MA mediates also the leasing of music sheet materials of world´s authors from abroad for commercial purposes (for instance for public performances, recording on a master-tape for the purpose of the production of an audio medium, radio and television broadcast and so forth) for domestic and foreign orchestras, music schools and music institutions on the base of billateral contracts concluded between MF and foreign publishers.

4. The lessee (the borrower) is being authorized to use the rented (borrowed) music sheets material only to in advance agreed purposes in writing.

5. The lessee (the borrower) must not, be it only in part, transcribe, copy or by any other means reproduce or borrow onwards, rent or give the rented (borrowed) music sheet material into a sublease, borrowing and so forth to another person.

6. The lessee (the borrower) must notify in advance to the MA every further use of the music sheets material beyond the scope of the original purpose of the lease (borrowing).

7. The lessee is being obliged to notify in a prescribed form the Slovak Performing and Mechanical Rights Society (SOZA) every commercial usage of the music sheets material (for instance for public performance, recording on a master-tape for the purpose of the production of an audio medium, radio and television broadcast and so forth).

II. THE ORDER AND ITS EXECUTION

1. The music sheets material of the MF (orchestral and vocal-symphonic) as well as music sheets material of foreign publishers are being rented only on the base of a written order with a stamp and autograph of the lessee or his employee who is authorized to execute the lease of the music sheets material. The own music sheets material of MF (partitures of chamber works, piano extractions and study partitures) are being rented or borrowed also on the base of a personal order in the form of a lending formulary. The borrower will indicate in the lending formulary his name and surname, date of birth, address, the number of his Identification Card and a contact (tel. number, e-mail address). The responsible employee of MA is being obliged to verify the borrower´s personal data from the Identification Card of the borrower. The personal data will be used by MA exclusively to the purpose of the execution of the order. The borrower will confirm the handing over of the borrowed music sheets material by his signature on the lending formulary.

2. It is necessary to submit the order for the MF´s music sheets material to MA at the latest 2 weeks and in the case of materials from abroad at the latest 4 weeks before the required date of delivery. In the case of disregarding of these deadlines, MA executes orders without a guarantee.

3. Personal orders of MF´s music sheet materials (partitures of chamber works, piano extractions and study partitures) are being executed by MA if possible immediately, but at latest within 2 hours of the acceptance of the order.

4. Every oder must include:

a) the name and surname of the author and the exact title of the work (number, opus, key and so forth), if possible also detailed information of the editing of the work or its concrete edition, if it is so requested by the borrower (lessee),

b) the required number of partitures, piano extracts, orchestral and choir voices, in the case of bow instruments the number of music stands and in the case of choirs the language mutation of the text,

c) the name and surname (the name) and address of the lessee (borrower) and the indication to who shall be invoiced the rent, including all indications in the invoice (ID No, Tax No., Bank, No. of account, IBAN and Swift code and so forth.),

d) indication about the commercial usage of the music sheets material (concert dates, recording on audio-visual mediums, radio and television broadcast and recordings and so forth), the name of the interpretation body, the name and surname of the conductor or of the soloists.

5. MA confirms the acceptance of the order and if it cannot execute the order, proposes to the orderer of the music sheet material another mode of its execution.

6. MA issues a delivery letter on the music sheet material or a contract of rent, which the lessee (or the person authorized to sign this contract in the name of the lessee) confirms on delivery with his signature.

7. In the case of dispatch of the music sheet material to the orderer by mail or by another mode of carriage (for instance DHL and so forth), it is necessary that the lessee (borrower) first confirms to MA the letter of delivery or the lending contract with his signature and dispatches this document without any delay to MA. After the delivery of the confirmed letter of delivery or of the lending contract, MA will afterwards dispatch the music sheet material by the agreed mode of transport to the orderer. If the contractor of the music sheet material (lessee) discovers while opening of the shipment that the content of the shipment does not correspond to the register contained in the shippment, the lessee is being obliged to report this fact to MA without any reasonable delay that means immediately but within three working days from the date of the acceptance of the shippment at the latest, in a contrary case the music sheet material is being held to be accepted in accordance to the lending contract.

8. The order is binding and the costs linked with eventually unprecise or missing data from the side of the lessee (borrower) are at his risk.

9. MA is obliged to ask in justificated cases (for instance in the case of a person – lessee who is not known to MA and concludes for the first time a lending contract or if the lessee in the past did not return the music sheet material on time or if the lessee did not pay the issued invoice for the rent in the given term on time etc.) the payment of the rent in advance on the base of the so called advance invoice. In such case MA issues or dispatches the ordered music sheet material from the proprietary of MF only after the settlement of the advance invoice. In the case of an order of a foreign music sheet material, MA orders such material only after the settlement of the advance invoice by the orderer.

III. THE USAGE AND THE RETURN OF THE MUSIC SHEET MATERIAL

1. The usage of the music sheet material for another purpose or for a further purpose contrary to the order is possible only on the base of a written approval of the MF or of a foreign publisher asked in advance.

2. In every commercial usage of the music sheet material (regardless if it is a material from the proprietary of MF or a foreign music sheet material), the lessee is being obliged to ensure that in the programme bulletin of the concert, on the cover (in the booklet) of the audio carrier and so forth or by another form there will be a mention of the full name of the publisher of the music sheet material.

3. If the lessee (borrower) wants to make in the music sheet material interpretation remarks (bows, dynamic remarks, vide and so forth), he may write them with a soft normal pencil only and before returning of the material to rub out all such remarks. Remarks written with a bal pen, ink, flourish, colour pencil and so forth are being considered for a damage of the material and will be prescribed to the lessee (borrower) for compensation.

4. Every supplementation of the music sheet material (for instance by a writing down or copy of another voice and so forth) is the lessee (borrower) being obliged to agree with MA in advance. The associated costs are being paid by the lessee (borrower).

5. If the hired (borrowed) music sheet material is being used by a different way as it had been agreed, the lessee (borrower) takes the responsability for the payment of the correlating charges as well to MF, as to the author of the work (or to the organization for the protection of authors rights – SOZA), as well as to the foreign publisher or to another entitled subjects.

6. If the aim for which the music sheet material has been hired (borrowed) is not being realized – for instance there is no public performance, broadcast and so forth, the lessee (borrower) is being obliged to return the music sheet material without any delay, that means immediately as he gets to the konwledge of such fact. In the case of foreign music sheet material, MA invoices a cancellation payment on the base of the invoice of the publisher. In the case of its own music sheet material, MA issues 50 % of the rent and dispatching costs.

7. After the accomplishment of the agreed aim, the lessee (borrower) returns the undamaged and complete music sheet material to MA within 15 days from the date of the agreed usage of the music sheet material. In the case of a late return of the music sheet material, the lessee (borrower) is being obliged to pay to MA the payment for the delay and this for the first month of delay in the amount of 50% of the rent and for every other (including the beginning) month 100% of the rent, whereas the lessee (borrower) takes the responsability also for eventual following caused damages towards MA (making impossible to lend the material for another performance and so forth).

8. The lessee (borrower) takes the responsibility towards MA for every eventual damage on the music sheet material which would have been caused by his fault. MF reserves itself the right to invoice every loss or damage of the music sheet material or its part and this in the full amount of the production costs.

IV. RENT SCALE

A. OWN MUSIC SHEET MATERIAL

MA invoices for the lending of its own music sheet material the rent or the manipulation fee on the base of these principles:

SYMPHONIC MUSIC

For the purpose of the rent calculation for the music sheet material, the orchestral bodies are being divided into three categories:

1st category: national or state philharmonic bodies, broadcasting symphonic bodies, orchestral bodies of national opera scenes, international music festivals;

2nd category: other professional symphonic and chamber orchestras;

3rd category: non-professional orchestral bodies, music schools and other organizators who cannot be classified as the 1st or 2nd category.

The amount of the rent for the particular categories is being mentioned in the attachment No.1 to this Lending Order.

The tariffs of the rent scale mentioned in the Attachment No.1 apply for one (the first) performance. MA invoices the rent to the lessee within 15 days from the date of the last usage of the music sheet material by the lessee and invoices it together with VAT in the legal prescribed amount. The lessee pays also the dispatching costs (manipulation, mailing) which MA invoices to the lessee always with the rent. By the determination of the amount of the rent on the base of the rent scale it is being effective also that:

a) in the case of a premiere performance of the work, the increase of the rent in the appropriate category of 50% is being applied,

b) in the case of a repeating performance of the work by the same body and on the same programme within 7 days, as well as in the case of the performance of the work at the public final rehearsal, the rate of the rent within the appropriate category is being decreased by 50%,

c) in the case of lending of choir partitures or parts of vocal-symphonic (cantate) works, these additional payments to the rent in the appropriate category apply:

• up to 50 pieces of partitures or parts an additional payment in the amount of .....................40%,

• up to 100 pieces of partitures or parts an additional payment in the amount of ...................50%,

• 101 and more pieces of partitures or parts an additional payment in the amount of ............60%;

d) for the recording of a work from the music sheet materials of MA for the aim of the fabrication of an audio or audio-visual recording destined for sale, a single rent rate of 10,- € for every also started minute of music applies,

e) for the recording of a work from the music sheet material of MA for the purpose of the fabrication of an audio or audio-visual work destined for the production of a CD or DVD exclusively for the aims of advertising a single rent tariff of 5,- € for every also started minute of music applies,

f) recording of works from the music sheet material of MA for the purpose of the fabrication of an audio- or audiovisual recording aimed exclusively for other propagation purposes as mentioned in letter e) for instance on the lessee´s web page is free on the condition that the lessee will in each case of the publishing of the recording mention a remark in the wording „This recording is being made from the music sheet material of the Music Fund.“,

g) recording of works from the music sheet material of MA for the purpose of the fabrication of an audio- or audiovisual recording aimed exclusively for archive or documentation purposes is free on the condition that the lessee will in each case of giving access to such recording mention a remark in the wording „This recording is being made from the music sheet material of the Music Fund.“,

h) the rent for music sheet material rented to a broadcast and television company for direct radio or television broadcast represents a single tariff in the amount of 100% of the rent for a public preformance in the appropriate category of orchestra;

i) in the case of renting of the music sheet material to music schools and youth non-professional bodies it is possible in extraordinary cases to offer a discount from the rent in the amount up to 50% of the appropriate tariff in the 3rd category; the granting of the discount is being conditioned by a written request to MF in advance before the planned performance of the work and with a written approval of the director of MF;

j) music sheet material for aims of study are being rented only to music schools and to non-professional bodies with a seat in the Slovak republic, whereas MA invoices to the lessee in such case of the renting as for one performance in the 3rd tariff category;

k) partitures for studying purposes are being borrowed also on the base of a personal order, whereas the manipulation fee represents 1 € including VAT for 1 borrowed title for 1 month. In every transgression of the borrowing period the borrower is being obliged to pay to MA a penalty in the amount of 5 € for every borrowed title and this for every (including the beginning of the) month. MA reserves itself the right to invoice every loss or damage of the material or its part and this in the full amount of the fabrication costs.

MUSIC-DRAMMATIC WORKS

Theatrical entities are being divided for the purpose of the calculation of the renting into 3 categories:

1st category: national or state theaters, international theater festivals;

2nd category: other professional theaters or theater scenes, theater festivals;

3rd category: non-professional theaters, theatrical schools and other theaters which cannot be classified as appartaining neither to the 1st, nor to the 2nd category.

The amount of the rent for the individual categories is being mentiond in the appenedix No. 2 to this Lending Order. The tariffs mentioned in the appendix No. 2 represent the rent for 1 calendar year or 1 theater season. For aims of study MA rents piano extracts also on the base of personal order for a period of 1 month at most, whereas the manipulation payment represents 1 € including VAT for 1 borrowed title. In every transgression of the borrowing period the borrower is being obliged to pay to MA a penalty in the amount of 5 € for every borrowed title and this for every (including the beginning of the) month. MA reserves itself the right to invoice every loss or damage of the material or its part and this in the full amount of the fabrication costs.

CHAMBER AND VOCAL MUSIC

MA borrows partitures of chamber works (that is works with an allocation of 1-9 instruments) and song creations to artists, students and to other individual interested persons for studying purposes only on the base of a personal order for the period 1 month at most, whereas the manipulation payment represents 1 € including VAT for 1 rented title. In every transgression of the renting period the renter is being obliged to pay to MA a penalty in the amount of 5 € for every borrowed title and this for every (including the beginning of the) month. MA reserves itself the right to invoice every loss or damage of the material or its part and this in the full amount of the fabrication costs.

B. MUSIC SHEET MATERIAL FROM ABROAD

For the materials being rented from abraod for the purposes of interpretation bodies, music schools and music organizations in Slovak republic the rent is being determined individually after the conditions of the foreign proprietor of the material.

V. SPECIAL PROVISIONS

1. The general director of MF is being entitled to grant in justified cases a discount from the rent in the amount up to 30 % of the given tariff of the rent exclusive the VAT.

2. The general director of MF is being further entitled to decide in the cases of special circumstances that the borrower is not being obliged to pay to MA the payment for the delayed return of the borrowed music sheet material or the fine for the exceeding of the borrowing period.

VI. FINAL PROVISIONS

1. This Lending Order has been approved by the Council of of the Music Fund on its meeting on the 10th of December 2015.

2. This Lending Order is being effective as from the 1st of January 2016, whereas the Lending Order of MF, which was being effective from the 15th of April 2011, loses its effectivity on this day.

Prof. Ján Vladimír Michalko, ArtD. RNDr. Matúš J a k a b č i c

President of the Council of the Music Fund General Director of the Music Fund