LICENSE TO ACCESS AND USE THE ISWC DATA
Last updated: January 25th, 2021
This terms of use (“License”) describe conditions under which the International Confederation of Authors and Composers (“CISAC”), as the International ISWC Agency, allows the end user (the “Licensee”) to access and use the ISWC Data (“ISWC Data”) through a refresh file downloadable from the CISAC website.
This License also contains a link to CISAC’s Privacy Policy which is incorporated by reference and is made a part of this License.
Before accessing and using ISWC Data, you have to agree to the terms and conditions of this License. If you do not agree to the terms and conditions, you will not be able to have access and use the ISWC Data.
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ISWC DATA
Introduction to ISWC. The International Standard Musical Work Code (“ISWC”) is a unique, permanent and internationally recognized reference number for the identification of musical works. The ISWC is a standard approved by the International Organization for Standardisation (“ISO”).
Due to complexities in the work registration process, in a limited number of cases, more than one ISWC may have been issued for the same musical work. The refresh file will display the ISWC that should be used called the “Preferred ISWC” and, should another ISWC exists for the same work, the “Archived -or Merged into- ISWC”. Within the scope of this License, the term ISWC Data refers both to the Preferred ISWC and the Archived -or Merged into- ISWC.
Use of the ISWC Data. Provided that you comply with this License, CISAC hereby grants you a non-exclusive, non-transferable, limited license to access and use the ISWC Data in order to identify the Preferred and Archived -or Merged into- ISWC related to a given musical work (“Purpose”). The end users shall make their best efforts to use the Preferred ISWC in the derivative dataset created and redistributed with third party.
You agree to access and use the ISWC Data only for lawful purposes, and that you are responsible for your access and use of the ISWC Data. You agree not to access and use the ISWC Data in any manner that interferes with its normal operation, its availability, or with any other user’s use and enjoyment of the ISWC Data.
You recognize that the ISWC Data may contain personally identifiable information (“Personal Data”), and you agree that you will not use any such Personal Data for any purpose other than the Purpose. You understand and agree that these Personal Data may therefore be governed by data protection law which may interfere with the permitted uses contemplated herein and that, upon request by CISAC, you will refrain from using such Personal Data in any manner and for any purpose.
Redistribution restrictions. The Licensee has the right to create derivative dataset with the ISWC Data, but has the obligation, whether the ISWC Data is used "AS IS" or in a derivative work, to acknowledge the source of the ISWC Data with the following wording: "based on data owned by CISAC".
Redistribution to any third party is only permitted when such third party has been informed by the Licensee of the terms and conditions on the usage of the source ISWC Data and that accessing and using the redistributed dataset and derivative work implies acceptance of those conditions by such third party. No additional rights or licences other than the rights and Licence defined in the Purpose are granted by CISAC under or by virtue of this Licence.
Access to ISWC Data. The Licensee will have access to the ISWC Data as offered at the time of access to the ISWC Data and upon execution of this Licence through the acceptance click. CISAC has no obligation whatsoever to continue providing services and/or upgrades of the ISWC Data. If CISAC changes the data format, the Licensee may have to abide by another Licence to obtain access to the new data format or to refer to the latest Licence versions.
CISAC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the access to the ISWC Data (or any part thereof) with or without notice. You agree that CISAC shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the access to the ISWC Data.
Reporting. In consideration of the non-exclusive royalty free Licence given herein, CISAC may from time to time send a survey to the Licensee on usage of the data. Such survey shall be completed to the best of the Licensee’s knowledge and ability to respond and sent back to CISAC within 60 days of its receipt. The survey is only intended to help understand the usage, help improve the data offerings and to give an indication of the innovation and services created downstream. The high-level surveys shall not be shared.
Disclaimer of Warranties. CISAC does not warrant the quality, accuracy, or completeness of any information or data contained in the ISWC Data. Such information and data are provided on an "AS IS" basis without warranty or condition of any nature. CISAC disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the data retrieved and any accompanying materials.
Restriction and Limitation of Liability. In no event shall CISAC be liable for any third party claims or any damages whatsoever arising directly or indirectly out of or in connection with the use of, or inability to use, the ISWC Data, even if CISAC has been advised of the possibility of such third party claims or damages. This is a comprehensive limitation of liability which applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income, profit, or loss of, or damage to, property.
Termination. This Licence and the Licensee’s right to use the ISWC Data will automatically terminate if the Licensee fails to comply with any provision of this Licence. Within thirty (30) days of notification of termination, the Licensee agrees to return the ISWC Data to CISAC and certify in writing that all known copies of the ISWC Data, including backup and archival copies, have been destroyed. All provisions relating to proprietary rights and transfer prohibitions shall survive the termination of this Licence.
Changes to this License. CISAC reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the inclusion thereof. The “Last Updated” date at the top of this License will indicate when the latest modifications were made. Please review the terms and conditions periodically.
Privacy. In addition to these terms and conditions, please review CISAC’s Privacy Policy available on CISAC website (https://www.cisac.org/cisac/Privacy-Policy), which also governs your access and use of the ISWC Data.
Applicable laws. When you access and use the ISWC Data, you are responsible for compliance with applicable laws. Any claim relating to the ISWC Data shall be governed by the French law.
Contact. If you any additional questions about this License or the ISWC Data, please contact CISAC at info@iswc.org.
