Public Performance License from the Motion Picture Licensing Corporation

As the camping season approaches, please be reminded that a public performance license is required to show videos at your camp. Motion Picture Licensing Corporation (MPLC) provides this license with a discount for American Camp Association (ACA) members. If you are already an MPLC license holder, you need not re-apply. Your license is automatically renewed at your guaranteed low rate.

The Federal Copyright Act, Public Law 94-553, Title 17 of the United States Code, states that all home videocassette exhibitions outside one's personal residence are "public performances" and mandates they be licensed. Non-compliance can subject those who infringe to statutory damages starting at $750 per exhibition. This legal requirement applies equally to profit and non-profit facilities, whether or not an admission is charged. MPLC, the authorized licensing representative for Hollywood studios and producers, provides the license that is required to comply with Federal law. It also allows those who rent your facility to be covered for video use, protecting your property from inadvertent copyright liability.

If you currently show videocassettes or plan to this season, please complete the application below and return it with the appropriate payment. Your Certificate of License will be sent by U.S. mail. We hope that you will join the over 100,000 locations nationwide that have obtained MPLC licenses and now show movies legally.

If you have not thought of showing videos in the past, now may be the time. The MPLC agreement has proven to be an excellent benefit for the hundreds of ACA members who use videos from producers, ranging from Disney to Warner Bros.

As your colleagues are already aware, once you are licensed, your fee remains unchanged (except for possible CPI adjustments) representing a substantial cost savings.

If you have questions, please call either the ACA membership department at (317) 342-8456, or MPLC (800) 462-8855 or write to the following address:
Motion Picture Licensing Corporation
P.O. Box 66970
Los Angeles, California 90066

We wish you a successful season.

PLEASE MAKE CHECK PAYABLE TO MPLC
Motion Picture Licensing Corporation
P.O. Box 66970
Los Angeles, California 90066

I herewith request an MPLC Umbrella License, subject to the Terms and Conditions listed below. I understand the license covers pre-recorded home videocassettes and videodiscs released by the motion picture companies on the bottom of this document.

Owner/Director:__________________________________________________
                                    
Camp/Conference Center:__________________________________________
                                                             
Address:________________________________________________________  
                                                                                    
City, State Zip:___________________________________________________          
                                                                   
Telephone: (      ) ____________________  Fax: (      ) ___________________
                         
Operating Season From:___________________  To:_____________________  
                         
Check appropriate box and calculate license fee below, or maximum fee, whichever is lower. Capacity is total number of campers and staff the camp can accommodate at any one time.

Signature:____________________________ Title:______________  Date:_________

LICENSE APPLICATION/AGREEMENT
Your signature, when affixed to the license application ("Application") and subject to the Terms and Conditions set forth herein, shall constitute a licensing agreement ("Agreement") between Motion Picture Licensing Corporation ("MPLC"), an Oregon limited liability company having its principal place of business located at 5455 Centinela Avenue, Los Angeles, CA 90066, and you ("LICENSEE") as listed in said Application. The purpose of this Agreement is to allow LICENSEE to "publicly perform," as that term is used in the federal Copyright Act, Title 17, U.S.C.'101(1) and 106, copyrighted pre-recorded videocassettes and DVDs which are otherwise intended for home use only.

TERMS AND CONDITIONS
1. MPLC grants LICENSEE a non-exclusive license ("License") to publicly perform copyrighted motion pictures and other licensed programs from any legally obtained source intended for personal, private, home use only - such as home videocassettes and DVDs, in its facility(ies), under the terms and conditions specified herein.

2. MPLC warrants and represents that it has secured the appropriate rights, under the federal Copyright Act, Title 17, U.S.C. 101(1) and '106, to grant this License.

3. "Term" shall mean the period beginning on the "Start Date" as defined on the Application and continuing thereafter for periods of one (1) year each, unless canceled by either party at the end of said period or any subsequent period, upon sixty (60) days advance written notice. Each one (1) year period during the term is referred to herein as a "contract year." If LICENSEE does not timely notify MPLC of intent to terminate, this Agreement will remain in effect for the entire contract year, and LICENSEE will be responsible for the entire annual fee due to MPLC hereunder.

4. The public performances authorized by this License shall take place in the facility(ies) identified in the Application and the sole purpose of such public performance is to exhibit motion pictures to PURPOSE and the audience will be limited accordingly. No specific titles, or any characters from such titles, or producers= names will be advertised or publicized to the general public, and no admission or other fee will be charged to the audience.

5. The agreed license fee for the first contract year of this License is the amount listed on the Application and is payable to MPLC. Subsequent contract years may include adjustments based on various factors, including, but not limited to adjustments which: (I) equal to the previous year=s Consumer Price Index (CPI), or (ii) reflect an increase in the number of attendees at performances conducted pursuant to this License. On an annual basis, or upon request by MPLC, LICENSEE shall furnish MPLC with the information MPLC may require to determine the license fee for subsequent contract years. The license fee for each subsequent contract year shall be due and payable no later than each anniversary date during the term of this License. Late payments for subsequent contract years will be subject to a charge of one and one-half percent (1.5%) of the license fee per month.

6. The specific titles which may be publicly performed by LICENSEE under this License are motion pictures produced and/or distributed by the following motion picture companies:

American Portrait Films, Bedford Entertainment, Best Film & Video, Big Idea, Inc., Billy Graham Evangelistic Assn/ World Wide Pictures, Bridgestone Multimedia/Alpha Omega Publishing, Bruder Releasing, Inc., Buena Vista Pictures, Carey Films Ltd., Castle Hill Productions, Central Park Media, Choices, Inc., Cinematheque Collection, Classic Media/Golden Books Entertainment, Current Wellness/PPI Entertainment, Dream, LLC, Erf
Christian Radio & Television, Eric Velu Productions, Family Entertainment Library, Fangoria Video, Fox 2000 Films, Fox Searchlight Pictures, Gateway Films/Vision Video, Hanna-Barbera, Harvey Entertainment, Hollywood Pictures, International Film Forum, Kalon Media, Inc., Learning Corporation Of America, Lorimar Telepictures, Mc Graw-Hill, Mediaserf Germany, Metro Goldwyn Mayer (Pre-1986 Titles), Millennium Films, New World Pictures, Nu Image, Inc., Parade Video/PPI Entertainment, Peter Pan/PPI Entertainment, Rko Pictures, Scholastic Entertainment, Sony Pictures Classics, Studio Canal, Think Films, Touchstone Pictures, Trans Atlantic Pictures, Turner Home Entertainment, Twentieth Century Fox Film Corp., Walt Disney Pictures, Warner Bros., Warner Independent Pictures, World Almanac Video, Xenon Home Video. MPLC represents that it or its motion picture company licensors may not possess the appropriate rights to certain individual titles, or, due to the expiration of those rights during the term of this License, MPLC may send LICENSEE at any time during the term of this License binding notices that certain titles cannot be or may no longer be publicly performed under this License. Such notices shall be binding and effective upon LICENSEE when received. It is LICENSEE's responsibility to remain up-to-date regarding MPLC's current list of Producers and Distributors, such list to be made available to LICENSEE upon request.

7. LICENSEE may publicly perform the specific titles covered by this License by means of lawfully manufactured pre-recorded home videocassettes and DVDs of those titles, acquired by LICENSEE from any legitimate source. The responsibility for obtaining home videocassettes and DVDs is that of LICENSEE, and that the costs of acquiring such home videocassettes and DVDs are to be borne solely by LICENSEE and are separate and distinct from the agreed public performance license fee.

8. LICENSEE may not duplicate, edit or otherwise modify the home videocassettes and DVDs obtained for public performance purposes under this License.

9. Any separate fees which may be due to music publishers, or collection societies for music publishers, for the right to publicly perform the music contained in any of the motion pictures covered by this License are solely LICENSEE=s responsibility and are not the responsibility of MPLC. To the best of MPLC's knowledge, no such separate fees are presently in effect.

10. This License may not be assigned by LICENSEE, without the prior written consent of MPLC, except that LICENSEE shall have the right to assign this Agreement in connection with a merger, consolidation or sale of its assets and business provided that LICENSEE guarantees payment of license fees if the assignee does not pay in a timely manner for fees owed. This License may
be assigned by MPLC.

11. In the event that a determination is made by a taxing authority or court of any state in which LICENSEE conducts business that the activity licensed herein renders LICENSEE liable for the payment of a gross receipts, sales, business use or other tax which is based on the amount of MPLC's receipts from LICENSEE, then LICENSEE shall reimburse and indemnify MPLC within thirty (30) days of notification therefore for LICENSEE=s pro rata share of any such tax derived from receipts received from LICENSEE.

12. Any notice provided for herein shall be given in person; by first class air mail, postage prepaid; by reputable overnight carrier; or by facsimile; addressed to the party to be notified. The address and facsimile for LICENSEE is as listed on the Application. The address and facsimile for notice to MPLC shall be: 5455 Centinela Avenue, Los Angeles, CA 90066, (310) 822-0908. The date of personal service or mailing or facsimile of any such notice shall constitute the date of service.

13. MPLC reserves the right, exercisable upon thirty (30) days written notice, to terminate this License on account of any breach by LICENSEE of its terms and conditions. In the event of such termination, there shall be no refund of the license fee. A waiver by MPLC or by LICENSEE of any specific breach by the other shall not constitute a waiver of any prior, continuing or subsequent breach of the same, or any other provision of this Agreement. If any part of this Agreement shall be determined unenforceable, the remainder of this Agreement shall remain in full force and effect.

14. In the event MPLC engages an attorney to enforce its rights under this License by virtue of the breach on the part of LICENSEE, of any term of this License, LICENSEE agrees to pay the reasonable costs and reasonable attorney fees incurred by MPLC.

15. In the event that MPLC incurs any costs or fees in connection with the collection of any amounts past due to MPLC hereunder, then LICENSEE shall be responsible for paying such amounts to MPLC upon demand, with interest at the rate of nine percent (9%) per annum calculated from date of demand.

16. LICENSEE acknowledges by the signature appearing on the License Application, or by payment of the license fee, that the information provided by LICENSEE is true, correct and complete in all respects. This License has been duly authorized and constitutes a legal, valid and binding obligation upon LICENSEE and is enforceable by its terms and conditions.

17. Any and all rights not granted to LICENSEE in this License are expressly reserved to MPLC and/or its motion picture licensors.

18. To the extent that, prior to the commencement date of this License, LICENSEE may have infringed upon rights held by MPLC, MPLC hereby agrees that it will not seek legal recourse or assert any claim for any and all such possible infringements. MPLC makes this warranty only with respect to rights held by it, and is not empowered or authorized to make any such representation or warranty with respect to rights held by others.

19. Each party hereto hereby agrees that all actions or proceedings arising directly or indirectly from this Agreement shall be submitted to binding arbitration in Los Angeles, California according to the American Arbitration Association rules in effect at the time of Demand for Arbitration.

20. This Agreement contains the full and complete agreement between MPLC and LICENSEE and shall be construed in accordance with the laws of the United States and the State of California.

Copyright © 2004. Motion Picture Licensing Corporation. All Rights Reserved.