This agreement outlines the binding information for Users who intend to sell their Work through the Website, and sets forth the conditions between the Author and the Company. To use the Service, the Author must read, understand, and agree to the terms of this agreement, as well as the Terms of Use.
My Ghost Market OOD (“Company”) and its Website act as an intermediary to facilitate music production and Ghost Production contracts with Authors. The Authors publish their Work on the Website with the purpose of selling it and transferring its Copyrights on an anonymous basis to potential Buyers who listen to these Works through the Website and purchase their Copyrights online. The Website does not perform any activity related to intellectual property, its function is solely to sell the Work of the Author and offer technological support.
The Authors can choose whether to sell their work under an anonymous regime or to be credited in the author’s registry as the composer and/or producer (depending on the work delivered by the Licensor) when publishing the work, or set your custom services offered. This choice is irreversible and permanent; Authors will not be able to change the credits settings once the Work or the Custom Project has been purchased.
Authors will not be mentioned as an interpreter, artist, or performer; these rights are reserved exclusively for the buyer of the work, constituting the primary objective of this contract and the Licensee's foremost interest.
In this agreement, the Author agrees to transfer the Copyrights of the Work, in all territories of the world for an unlimited period of time, in exchange for the price that the Author stipulates, to be exploited in anonymity, under the conditions established in the clauses of the Transfer of Rights Agreement. The Author agrees to publish the Work on the Website with the sole intention of selling it, having control over the price at which it is published.
This agreement is based on the following main principles: ORIGINALITY OF THE WORK, CONFIDENTIALITY AND EXCLUSIVITY.
2. Confidentiality
Sellers have the choice either to sell their Work anonymously or to be credited as the Authors when they submit their Work for sale or set their Custom Projects. In the event that the Authors choose anonymity when using our Service, they must agree to the following:
- 2.1 The operations where the Website intermediates are contracts of Ghost Production, so that the element of anonymity and confidentiality of the Work whose exploitation rights are transferred to the Buyer, is an essential element of this agreement.
- 2.2 The Author agrees to not share any detail or information about transactions made through the Website with any third party. That implies that the Author cannot claim to have created or to have been involved with the creation of the submitted Work.
- 2.3 By signing this contract the Author acknowledges being informed that, as the Author of the Work, they have the right of paternity over it. This is an inalienable and unrenounceable moral right of the Author, which includes, among others: the right to decide if and how the Work has to be disclosed; to determine whether such disclosure has to be made under their name, a pseudonym or sign, or anonymously; and to demand recognition of their status as the Author of the Work, as well as respect for the integrity of the Work.
- 2.4 By signing this contract, the Author acknowledges that as the creator of the Work, they have the right to be credited as the Author. The Author voluntarily chooses to stay anonymous, and allow the Buyer of the Work to decide how the Work will be disclosed and released (under the Buyer’s personal name, personal or company brand, or anonymously).
- 2.5 The fact that the Author transfers the Rights of the Work to be anonymously exploited by another person, the Buyer of the Work, constitutes, we reiterate, an essential element of the contract to be fulfilled with the Buyer of the Rights. Therefore, if the Author wishes the Work to no longer be published under his or her anonymity in the future, this will give the Buyer the right to claim damages caused. As the exploitation of the Work in an anonymous manner is a vital element of the contract, a penalty of at least 50,000 EUR will be stipulated in favor of the Buyer, which may be increased depending on the extent of the damages caused.
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2.6 The Author's original name, nationality and address will be disclosed to the Buyer in the Transfer of Rights Agreement.
- 2.7 The Company may provide all stored Seller’s personal information to the Buyer, if necessary (e.g. in case of legal disputes, administrative issues, tax issues, etc).