Conditions
Working conditions of the Klangschmiede
§ Costs and Payments
a) The resulting wage costs and rental prices are calculated according to the time spent on work. The hourly rate is agreed in advance in writing. This includes recording and editing of audio material, mixing and mastering of the commissioned audio material as well as its possible uploads and exports and the creation of special audio formats such as DDP files, mp3, wav and other formats.
a II) Other, freely negotiable prices apply if an exceptionally wide distribution of the audio material is to be expected. This applies in particular to sale or duplication, steams, downloads or in the case of publications, performances or broadcasts on radio or television.
b I) If Klangschmiede is commissioned with a composition, an arrangement or processing such as mixing, mastering and recording of a work, the creative artist remains the author of his work under German law. Copyright is not for sale. The creating artist sells the client numbers of licenses for use after written remuneration has been agreed. The remuneration must be based on the extent of use, distribution, success and the purpose that the client associates with it. Should there be an unexpectedly high level of success in connection with the work created by the artist, the artist is to share in the success with appropriate remuneration. The works themselves may not be resold by the client to third parties.
b II) The Klangschmiede or the creating artist reserves the right to sell licenses of his created work to other third parties, unless otherwise agreed in writing. Furthermore, he reserves the right, as the author, to publish, broadcast, perform or reproduce his work himself.
b III) If the client, contrary to the written agreement, uses the author's work in a different way or in an inappropriate way, or in a way that degenerates from the original meaning (e.g. with immoral content), the contractually agreed licenses are immediately ineffective.
b IV) The creating artist must inform the client in writing that his work did not originate from another work or that it was not copied, that he is not a member of GEMA or another collecting society or trustee of his work, or that he is the sole author and owns the rights to his work.
b V) The customer and the artist creating the work should have communicated sufficiently with each other before the work is created and ideally define the objectives in writing. When placing an order, the creating artist irrefutably assumes that the client will be in agreement with his subsequent work. Discrepancies or dissatisfaction after the work has been commissioned can only be remedied with a corresponding, newly agreed remuneration at cost to the artist or klangSchmiede.
§ 2 Appropriate handling
a) Appropriate handling of the technology of the Klangschmiede itself is required. The mixing console or the DAW controller in the control room, the preamps, compressors and effect devices, the monitoring system, the computer, hardware and software and all other technology may not be operated by the customer. Massive, cost-intensive damage can result. Eating and drinking is not permitted in the control room. If proper handling is disregarded as explained, the costs for the damage incurred are to be borne by the customer.
b) The instruments are generally available to the customer for the production of his songs. For hygienic reasons, however, all wind instruments can only be used by prior arrangement.
c) Blank CDs can be burned and printed in the Klangschmiede. Before a number of CDs can be burned and printed, the customer must sign a CD release in which he declares that the audio material to be burned and the motif for the print should be reproduced in his interest. Errors that are named after the duplication are not taken into account by klangSchmiede. The customer bears the costs for this.
§ 3 Infringements
a) For compliance with the legal situation such as copyright, GEMA repertoire, arrangement rights, processing rights and all other rights of third parties. the customer is solely responsible. Klangschmiede is not liable for damage caused by non-compliance with rights!