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The full name of the FMP-CD label, founded in 1989, is
FMP/FREE MUSIC PRODUCTION
plus the additional
An Edition of Improvised Music.
Name and addition are protected trade marks.
Recordings of this label are compact discs exclusively.
The label is owned by FMP-Publishing since the beginning of the year
2000.
The label was taken over with an agreement including all rights (copyrights
and
ancillary copyrights) and all obligations based upon the existing and
continuing
contracts, including rights of names, production documents (masters and
films)
as well as the label's own barcodes (EAN and ILN) and the label code.
Since 1990 the address of the label is:
FMP/Free Music Production, Postbox 100 227, D-10562 Berlin.
Attention: The postbox was closed down at the end of 2005.
Label, archive, production and office can be reached at the following address:
FMP-Publishing, Sachsenstrasse 50, D-46325 Borken.
To reach both label and production, any correspondence or shipments must
be sent
to the above address.
The person responsible for productions on this label remains Jost Gebers.
It is he who is exclusively responsible for productions and carries them
out
in accordance with agreements made with the musicians involved.
Third party intervention is ruled out.
Planning, selection, realization and financing of production are the exclusive
responsibility of FMP-Publishing.
The label has two lines of publishing: FMP and OWN.
Additional lines of publishing of the FMP label neither exist nor are
they being planned.
Since 01.01.2000 the label's CDs are marketed by Ms Helma Schleif under
licence
of FMP-Publishing.
On the basis of the production documentation owned and financed by the
label,
Ms Schleif is authorized to manufacture, according to requirements (print
and press)
and to market the CDs.
In the case of new productions she is obliged to deliver demo copies
to
performers/contributors involved in the production and to submit promo
copies
to the media worldwide in accordance with FMP-Publishing.
There are no rights regarding a say in the production planning, realization
and
design of the CDs.
Further rights, in particular copyright and ancillary copyrights,
have not been conferred upon Ms Schleif.
Owing to the ongoing violation of the contract the licence agreement
was cancelled
without prior warning in February 2003.
After an objection was filed on behalf of the licensee, action against
the notice
of termination was pronounced in May 2003. A judicial ruling
is still pending.
Independent of this decision the last four productions of the label were
completed in 2004.
As a result of these developments, continuation of the label is no longer
possible.
The lawsuit of the licensee against the summary dismissal of the licence agreement
was dismissed by judgement of May 15, 2006 at first instance by the district court.
The licensee Schleif filed an appeal against this decision at the Supreme Court of Appeal.
During the hearing which took place on November 21, 2006 it was determined
that the termination
of the licence agreement without notice on
February 16, 2003 was justified.
The costs for both lawsuits have to be borne by the complainant Schleif.
Furthermore FMP-Publishing has given her until December 31, 2008
to sell off her remaining stock of FMP CD’s.
Acquisition and takeover of FMP-Publishing by Jost Gebers on January 1, 2007.
At the beginning of 2008, resumption of production activities.
Distribution of the CDs now managed by Records Vertriebsges. mbH (Ulli Blobel).
Commencement of work on the edition FMP im Rückblick / in Retrospect
September 2010, end of collaboration with Ulli Blobel!
Completion of the box with 12 CDs and book FMP im Rückblick / in Retrospect – Distribution starting January 2011, through Fenn Music.
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