New York, NY asked in Copyright for New York

Q: What does this mean?

My permission is given without any representations or warranties as to other consents and permissions that may be required to use the Recording. BOLD agrees to indemnify, defend, and hold me and any affiliated companies, heirs, executors, administrators, and successors harmless from and against any claims, liabilities, losses, costs and expenses (including reasonable outside attorneys’ fees) arising in connection with the development, production, distribution and exploitation of the Recording, and all rights in connection therewith. BOLD will not assign this release or any permissions granted hereunder without my written consent.

Related Topics:
1 Lawyer Answer
Mr. Joshua Q. Mostyn
Mr. Joshua Q. Mostyn
PREMIUM
Answered

A: It means the owner (or agent of the owner) of the Recording is granting permission to use the recording, but isn't making any statements other than that there is permission from the owner. BOLD won't get sued by the owner of the Recording for using the Recording (in whatever way the rest of the contract agreement probably explains is the purpose of the Agreement)...but the owner of the Recording isn't making any statements as to what other permissions BOLD might need to get from other people. For example, let's say the Agreement is that the owner gives permission to BOLD to play the Recording on any media in the United States until August 31, 2020. If BOLD wants to play the Recording on the radio, BOLD can go try to get radio stations to play the Recording...but Bold has to get that permission from the radio stations themselves (Owner can't tell the radio stations what to play and what not to play)...or the radio station has to be licensed to operate from the FCC, and Owner has no control over that. So it basically means that the Owner is giving what permission it has control over, but isn't representing any more than that.

As for the indemnity, it means if Bold does something with the recording that ends up getting Owner sued, then BOLD will reimburse Owner for any losses or pay to defend Owner in that lawsuit.

BOLD will also not assign the release or permissions. That means Owner has given permission for BOLD to do whatever they agreed to, but BOLD can't then sell the rights to someone else. Kind of like if I loan you my bike to ride for a day, then it wouldn't be cool for you to loan it to someone else without my permission. The permission is for BOLD only.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.