Legal Solutions
safeguard and manage the business of their constituents, particularly the digital one, Elkobtan will implement all legal procedures.
Elkobtan is an expert in drafting a source code license agreement containing provisions related to the Escrow Clause. First of all, the licensor owns the source and object codes of software; however, in the event the licensor or any successor of the licensor declines, substantially fails to, or ceases to provide support for any program(s) under this agreement (“release conditions”), as a result, the licensee’s business will have a negative impact; therefore, the licensee requests to apply the Escrow Clause within the master agreement. At the licensee’s request, Licensor agrees to execute the Escrow Agreement, which is required to be added as a new depositor to their Software Escrow Agreement with Escrow Agent -----, within sixty (60) days of each program’s acceptance. Licensee agrees to pay applicable Escrow fees. Source Code will not include commercial third-party code that the licensor has incorporated into the programs. In the event Source Code is released to Licensee pursuant to this Agreement and the Software Escrow Agreement for a Program containing commercial Third-Party Code, then Licensor shall cooperate with Licensee in obtaining support for such Third-Party Code directly from the licensor of such Third-Party Code.
Elkobtan collaborates with a variety of platform service providers (hereinafter referred to as “Elkobtan’s client” or “PSP”) and establishes a contract with content creators and content service providers (hereinafter referred to as “clients’ customers” or “CSP”). As a result of this agreement, CSP is able to make their digital copyrighted works available to the public online. In exchange, CSP is paying PSP a sum that is either a monthly subscription or a percentage of the revenues shared among all parties involved in the process.
Elkobtan’s obligations to its PSP and CSP are outlined below.
1- The Elkobtan Technical Team (ETT) provides PSPs with platform models that are appropriate for their business scale and that enable them to achieve their business objectives.
2- The platform’s privacy policy and cookies notice are established by Elkobtan.
3- Elkobtan establishes conditions to guarantee that digital IPs are registered in compliance with the relevant legislation.
4- Elkobtan Legal Team (ELT) guarantees that the platform’s technology provides rights holders with the ability to notify its PSP of any violations that may occur on the platform. In order to prevent any form of criminal or civil liability that may be imposed on PSP, ELT recommends that PSP implement the requisite technology to eliminate these unlawful activities.
5- The principle of fair use is applied by ELT to establish a condition regarding the distribution of proceeds between PSP and CSP.
6- ELT reconciles PSP’s tax payment by deducting the value of taxes due at the source and forwarding it to the Competent Tax Authority.
7- In the event that any laws that will have a deleterious overall impact on their investments directly or indirectly are discussed, ETT and ELT represent their CSP and PSP before Collective Management Organizations (CMOs) and the Legislative Parliamentary Councils.
Elkobtan is a pioneer in the representation of authors, composers, singers, publishers, and producers (stakeholders) before Collective Management Organizations (CMOs) in order to safeguard and collect digital intellectual property rights.
Here, Elkobtan exclusively implements all legal and technological measures to guarantee the legal protection of all DCP. For the example the digital music works, here, The Elkobtan Technical Team (ETT)establishes connections between these works through the following protocols.
The First Code: The International Sound Work Code (ISWC) is a critical code that identifies the works of stakeholders and enables them to collect their royalties based on the publishing contracts they have established with CMOs. associations that oversee digital copyright in this sense. It is important to mention that Elkobtan works with the majority of CMOs, including SACEM and PRS, and also collaborates with international companies like Universal and Sound Exchange Companies.
The Second Code: The International Standard Recording Code (ISRC) is a critical tool for examining the performance rights (PRs) of sound recordings for all stakeholders involved in digital works. We employ this code to safeguard the related rights of stakeholders. This code is designed to collect the revenues of PRs in a manner similar to points, which should be distributed among the vocalists, musicians, producer, and studio where the work was recorded, in accordance with the agreements reached between all parties. It is important to mention that Elkobtan collaborates with SCRAPER or PPL, competent with the music’s neighboring rights. For instance, SCRAPER provides its clients with a quarterly report on the revenue generated from the public availability of these works outside the borders of the collecting country. This will broaden the collection’s primary scope to include content from countries other than the country of origin, enhance the international collection of visual and audio content, optimize content revenues and profits for creators, and safeguard the artistic and literary heritage of global communities.
Thirdly: Elkobtan aims to establish a code of conduct for recording owners, individual artists, or their representatives in this regard, pursuant to an agreement or contract. A pioneer in the development of this code, the International Federation of the Phonographic Industry (IFPI) connects stakeholders’ digital content to digital platforms via the College Music Society (CMS) code. In this instance, Elkobtan negotiates with platform service providers to publish its stakeholders’ catalog to all platforms, including YouTube and Spotify, using the CMS via the board dash. This operation can serve as a model for the remaining platforms, allowing for the periodic monitoring of collections on these platforms through quarterly reports that do not require human intervention, thereby preventing errors in the distribution of rights.
Furthermore: Elkobtan consistently endeavors to reconcile the situation between stakeholders and a variety of CMOs through its relationships. Consequently, Elkobtan is acutely aware of the CISAC’s function, as it is the parent organization that oversees and regulates all CMOs worldwide.
Additionally, Elkobtan has the ability to file complaints against any of these CMOs through the Elkobtan Legal Team (ELT) , and CISAC is committed to identifying solutions that will address these issues in a manner that is worshipful.
As of yet. Elkobtan collaborates with WIPO Connect (WC), a United Nations-supervised initiative that is recognized as the legitimate authority for monitoring CMOs and platforms.
Consequently, Elkobtan is committed to facilitating the coordination of efforts between its stakeholders and WIPO in order to assist them in utilizing the collection technology and establishing their own platforms. This will be achieved by ensuring that the legal and technological requirements for the distribution of creators’ rights, copyrights, neighboring rights, and publishers’ rights are met and that the various revenue collected by CMOs is distributed equitably among them.
Elkobtan can provide Legal PR Services to clients as follows: