FIVE TOWNS COLLEGEDix Hills, New York 11746MUB 2.docx

FIVE TOWNS COLLEGE
Dix Hills, New York 11746
MUB 202 Name of Student ______________________________
Music Business ContractsProf. B. Colfin
ASSIGNMENT #2
SPRING 2020
SCORE
ATTACHED you will find a live performance agreement similar
to the one I posted on
Schoology. Review the “gig” agreement.and answer some
questions about it.
Follow the flow of the Agreement and tell us what you see as
the questions focus your attention. Answer the questions
directly on the paper. Print Legibly so that it can be read by
others. It may be helpful to highlight or underline as I did in the
example on schoology. Print your name above and return the
answer sheets only. Keep the Agreement for yourself.
1-Who are the parties to the agreement?
2-When is the show and where is the show?
3-How long is the show?
4-Who provides the musicians?
5-Who pays for the musicians?

6-Is ANY drummer OK to be used for the show? Why?
7-If Artist travels to New York for interview s to promote the
show, who pays for the flight?
8-Who pays for the rental of Tammany Hall?
9-Who pays for security and stagehands?
10-What if there is not enough electrical power, who gets and
pays for the generator?
11-When and How does Artist receive payment? Read carefully.
12-Who pays for Artist’s travel, hotel, transport and meals?
13-May Artist control which photo the Purchaser uses to
promote the show?
14-Can another artist on the bill have a larger size name on the
concert advertisements?
15-Is it OK for the purchaser to broadcast the show on the
internet for a fee?
16- What is the Artist’s compensation for performing? Read
carefully!
17- What happens if the Purchaser can’t come up with the
money to promote the show?
18- Who pays for the airfare to fly Artist from Montreal to
LaGuardia airport?
19- May the Purchaser cancel the show if there is a four foot
deep snowfall on March 22.

20- If Purchaser cancels, what does he lose (or must pay)?
21- If Purchaser needs to re-schedule, what needs to be done?
22- If Artist just chooses not to perform that night, what is
Artist responsible for?
23- Must Artist share any of its earnings from selling T-Shirts
and dancing shoes at the show?
24- Why is a technical rider important to this Agreement?
25- If there are any lawsuits filed, where will the Court be
located?
MUB 202 Music Business Contracts Prof Colfin
HOMEWORK ASSIGNMENT #3 DUE FRIDAY
2/21/20 on Schoology
1 The assignment concerns the attached Exclusive Songwriter
Agreement which follows these directions below.
GO Through the contract with a highlighter and focus on the 3-6
important words in each sentence or clause. This will help you
spot the important information. The KEY WORDS in each
clause.
On a separate sheet TYPE UP IN OUTLINE FORM, using short
statements, at least 20 of the important points found in the
Agreement below.

Use plain English. Write short, simple, clearly stated numbered
points in YOUR OWN WORDS. Follow the flow of the
agreement.
What SPECIFICALLY does MY exclusive songwriter
AGREEMENT tell you?
HINT – DETAILS – SPECIFICS – NOT OPINIONS !! - Don’t
tell me what you think is fair or unfair. - WHAT DO YOU SEE?
WHO are the parties ? WHEN does the agreement begin and
What is the Duration of services? What is the duration of
Publisher’s rights? HOW MUCH does each party earn? HOW is
the amount earned determined? How is it paid, and when?
DON’T STOP THERE !! – YOU NEED MORE.
What else is going on?
WHAT specific rights are granted ?
WHAT are the obligations of each party?
WHAT are their responsibilities to each other? Look closely.
How do the parties communicate if there is a problem? What if
there is a dispute?
You need to understand what you see before you can figure out
whether you like it or whether you can change any of it.
Lastly – Follow the numeric flow of the agreement itself as you
draft your outline
Post BOTH the Marked UP copy of the Contract AND the
OUTLINE on SCHOOLOGY for my review and grading.
DUE FRIDAY February 21, 2020 11:59 PM
Agreement made this 12th day of October, 2017 by and between
WE EXPLOIT ALL SONGS MUSIC PUBLISHING, INC.,

whose address is Music Row Nashville, TN (hereinafter referred
to as "Publisher") and Joseph P. Murgatroyd III p/k/a JOE
BLOW residing at The Chelsea Hotel NY, NY, (hereinafter
referred to as "Writer").
1. (a) Writer will render services as a songwriter on an
exclusive basis to Publisher for the Term hereof, (the "Term").
(b) The Term shall commence on the date hereof and
continue, unless extended as provided for herein, for a First
Contract Period (the "First Contract Period") ending one (1)
year from the date hereinabove.
(c) Writer hereby irrevocably grants to Publisher four (4)
separate consecutive options to extend the Term for "Second",
"Third", "Fourth", and "Fifth", Contract Periods, respectively.
Such Contract Periods shall be one (1) year each. Each such
option shall be exercised automatically by Publisher unless
written notice to the contrary is sent to Writer, from Publisher,
at least Thirty (30) days prior to the date the then current
Contract Period would otherwise expire.
2. (a) In consideration of the royalties payable to Writer
hereunder, Writer hereby assigns, transfers and delivers to
Publisher one hundred (100%) percent of Writer's ownership
interest in the musical compositions written or created during
the term hereof (hereinafter referred to as "Musical
Compositions") including without limitation, all rights of
whatsoever nature in and to the title, words and music thereof,
and all copyrights therein, and the right to secure such rights in
the name of Publisher for Publisher's own use and benefit,
throughout the world, for the respective maximum terms of
protection available throughout the world.
(b) Writer shall deliver, assign, and transfer to Publisher
any unpublished songs written or cowritten prior to the term

hereof, and any original songs created, written, or cowritten by
Writer during the Term hereof.
3. Within ten (10) business days of the execution of this
Agreement, Publisher will pay Writer an advance payment of
one thousand ($1,000.00) dollars. Such advance will be
recoupable by Publisher from any royalties otherwise payable to
Writer by Publisher hereunder.
4. Writer warrants and represents that the music, lyrics,
and title of the musical compositions, except as otherwise
disclosed, were created by him alone and are wholly new and
original; that the Musical Compositions are not a derivative
work, that neither the music, the lyrics, the title of the Musical
Compositions, nor any part thereof, infringes upon, or violates,
or interferes with the rights of any person, firm or corporation;
Writer further warrants and represents that he has not sold,
assigned, leased, licensed, or in any other way disposed of or
encumbered any rights in the musical compositions, and that he
has the right to make this Agreement, and that none of the rights
hereunder are terminable by Writer.
5. Writer hereby assigns and transfers to the Publisher the
exclusive right to use or grant others the right to use the
musical compositions for mechanical, electrical, digital,
internet, satellite, transcription, reproduction, synchronization,
motion picture, television, printing (other than as provided
above), to make derivative works, or any other rights (except
public performance rights.
(A) Fifty (50%) percent of all net sums actually received
by Publisher by reason of the exercise with in the United States
of mechanical, electrical, digital, transcription, reproduction,
motion picture, television, printing (other than as provided
above), or any rights (except public performance rights) therein.

(B) Fifty (50%) percent of all net sums actually received
by Publisher by reason of the exercise in other countries outside
of the United States of mechanical, electrical, digital,
transcription, reproduction, motion picture, television, printing
(other than as provided above), or any other rights (except
public performance rights) therein.
6. For the purpose of this Agreement, "Net Sums" actually
received by Publisher shall mean gross sums of money, in U.S.
dollars or its equivalent, actually received by Publisher, after
then deducting returns and credits of any nature and less all
collection fees and commissions incurred in collecting the sums
earned by the Musical Composition. Publisher shall not be
entitled to deduct its general office overhead or salaries in
calculating or paying any amounts based on "Net Sums."
7. It is expressly understood and agreed that Writer will
receive his Writer’s Share of public performance royalties
throughout the world directly from the performing rights society
of which he is a member.
8. Publisher agrees that within ninety (90) days after the
expiration of each semiannual period ending June 30 or
December 31, in each year, it will prepare and furnish
statements to Writer of royalties due hereinunder, and each such
statement shall be accompanied by payment of all sums shown
to be due by such statements.
9. The statements rendered by Publisher to Writer will be
binding upon Writer and not subject to objection by Writer for
any reason unless specific objections in writing, stating the
basis thereof, are received by Publisher within one (1) year
from the date rendered, in which event such statements shall be
binding.
10. Writer will have the right, at Writer's own expense,

upon ten (10) business days notice to Publisher to have their
Certified Public Accountant inspect the books and records of
Publisher as they pertain to this Agreement for the purpose of
verifying the accuracy of the information contained in the
statements rendered hereunder. Such inspection shall be
conducted at the offices of Publisher during regular business
hours. Writer shall be entitled to conduct one such inspection
in each calendar year.
11. Publisher shall have the right to use, for no additional
consideration hereunder, the Writer's name, likeness, and
biographical material concerning him, in connection with the
Publisher's business in general and with the use, promotion, and
exploitation of the Musical Compositions in particular.
12. The extent and manner of exploitation of the Musical
Compositions shall be entirely within the discretion of
Publisher.
13. (a) Writer hereby indemnifies Publisher against any
cost, expense, loss, or damage (including attorney's fees)
arising out of or connected with any claim in which it is
asserted that any of the representations, warranties, or
covenants made by Writer in this Agreement have been
breached, or in which assertions are made which are
inconsistent with any of such representations, warranties, or
covenants.
(b) The decision as to whether any claim should be
made or any legal action should be brought against any alleged
infringer of the Musical Compositions shall be made solely by
Publisher. Writer, at his sole expense, may participate in the
defense of such claim, but Publisher shall have the absolute
right to control the defense and to settle or otherwise dispose of
such claim in any manner which Publisher may determine.

(c) For the duration of any proceeding or claim
Publisher may withhold royalties due to Writer up to the
maximum amount claimed, plus attorney's fees and other costs
and expenses, and may apply such withheld royalties in
satisfaction of Writer's obligation to indemnify Publisher
14. Publisher shall have the right to assign this Agreement
or to assign or license any rights in the Musical Compositions to
any person or business entity.
15. If Writer claims that Publisher is in default in
performing any obligation contained herein, Writer shall advise
Publisher thereof in detail and in writing, and Publisher shall be
allowed a period of sixty (60) days after receipt of such written
notice within which to cure such alleged default.
16. Notwithstanding anything to the contrary, in the event,
during the initial period or any option period, Publisher fails to
grant licenses whose total net income is less than one thousand
($1,000.00) dollars, then in such event, Writer may terminate
this Agreement by written notice to Publisher and all rights
previously transferred will revert to Writer.
17. All notices hereunder shall be in writing and shall be
given by certified mail, return receipt requested Such notices
shall be deemed given when mailed,
18. Writer acknowledges that the services rendered
hereunder are unique and extraordinary, the loss of which
cannot be adequately compensated in monetary damages.
Publisher shall therefore be entitled to, but not limited to, an
injunction against Writer to enforce the provisions of this
Agreement.
19. The Agreement between the parties shall be deemed
made in and shall be construed in accordance with the laws of

the State of New York. Any action or suit pertaining to, or
arising out of this Agreement shall be determined by a court or
tribunal in New York.
20. WRITER ACKNOWLEDGES THAT HE/SHE HAS
BEEN ADVISED BY PUBLISHER TO SEEK THEIR CHOICE
OF INDEPENDENT LEGAL COUNSEL WITH RESPECT TO
HIS/HER UNDERSTANDING OF THE TERMS, PROVISIONS
AND OBLIGATIONS HEREINABOVE AND IN DOING SO, IS
SATISFIED WITH SAID REPRESENTATION. WRITER
COVENANTS AND AGREES THAT HE/SHE HAS RECEIVED
A COPY OF THIS AGREEMENT, THAT HE/SHE FULLY
UNDERSTANDS THIS AGREEMENT AND WILL BE BOUND
BY THE TERMS THEREOF.
SIGNATURES
6C PUB XCL HW3 S20
This Agreement, dated the 12 th day of Dec., 2017, by and
between JOE PROMOTES CONCERTS INC (hereinafter
referred to as "Purchaser") located at 15 Memory Lane,
Huntington, New York, and CINDYCEE LTD, to provide the
professional performing services of Cindee Cindy (hereinafter
referred to as "Artist") whereby Artist agrees to perform at the
dates, and places specified below.
1-PROGRAM – The Cindee Cindy Show, featuring Cindee
Cindy. CINDYCEE LTD, hereby agrees to provide the
professional performing services of Cindee Cindy and dancers.
2-LOCATION OF PROGRAM: Tammany Hall, Union Sq., NY
3- DATE OF PROGRAM: March 23, 2018
4- TIMES OF PROGRAM: 8:30 pm -11:00 pm (including
encore)
a) each show to be two sets of approximately sixty (60) minutes

in length each with 15 minute intermission. b) soundcheck to
start at 2 pm. c) 1 rehearsal (if deemed necessary by Artist)
5- Purchaser will provide and pay for sideman musicians,
consisting of keyboards, bass, drums and guitars, at Purchaser's
expense. All sidemen must meet with Artist's prior approval.
6- Artist will make herself available, at purchaser's request
and expense, for promotional sessions or radio spots or
interviews for promotion of the shows.
7- The Purchaser agrees to furnish at its own expense all that
is necessary for the proper presentation of the entertainment
presentation or performances and, if required by Artist, at
rehearsals therefore, including a suitable theatre, hall or
auditorium, well-heated, lighted, clean and in good order, and
all special requirements mentioned in this contract. (SEE
TECHNICAL RIDER affixed to and made part of this
Agreement) The Purchaser will guarantee to provide proper
staffing such as stagehands, electricians, security, and other
labor needed to present this performance. The Artist has no
liability whatsoever for any cost incurred by the Purchaser.
8- TERMS: As consideration for providing Artist's services,
Purchaser agrees to pay a minimum amount of one thousand five
hundred ($1,500.00) dollars in the following manner. (a)
Purchaser agrees to pay Artist a deposit, in the amount of seven
hundred and fifty ($750.00) dollars payable upon signing below,
and ( b) The balance of seven hundred and fifty ($750.00)
dollars will be made in cash, certified funds, cashier's check, or
money order, to Artist's Road Manager when Artist arrives for
sound check on the day of the Program, and (c) ten percent of
Purchaser’s net income (if any) after expenses.
9- (A) Purchaser will provide local transportation from
Artist's hotel to the performance venue, rehearsals, and airports

at Purchaser's prepaid cost. (B) Purchaser will provide Artist
with hotel rooms for two days before the Program and one day
subsequent to the Program at Purchaser's expense. (C) Purchaser
will provide Artist a per diem allowance of thirty (30) dollars
for meals.
10- Purchaser will have the right, and may grant to others the
right to reproduce and print Artist's name, approved pictures,
likeness or biographical material for advertising and promotion
in connection with the program only.
11- The Artist will have sole and exclusive control over the
production of the show. Unless otherwise noted and/or agreed
to in writing, the Artist will receive first headline star billing.
12- The Purchaser will, under NO circumstances, have the
right to record this show by audio or video, or broadcast same.
Purchaser may engage a staff photographer and allow news
photographers access to the front of the stage for photography.
Purchaser may use any such photographs for promotion of
Purchaser but only after first receiving Artist’s approval.
13- Purchaser will provide a listing of all expenses paid by
Purchaser. The updated and final expense list must be presented
at a settlement of finances between Artist’s road manager and
Purchaser. In addition to the minimum amount payable pursuant
to paragraph 8, Artist will receive ten percent of all income
received after Purchaser’s expenses have been reimbursed from
ticket sales.
14- If before the date of this performance it is found that the
Purchaser has not performed fully its obligations under any
other agreement with any party for another engagement or that
the financial credit of the Purchaser has been impaired, the
Artist may cancel this agreement and in such event the
Purchaser will be liable to Artist for damages in addition to

compensation herein.
15- Purchaser agrees to provide air transportation for Artist
from Montreal, Quebec, Canada and back, at Purchaser's
expense two days prior to the performance for rehearsals.
Purchaser will provide ticketing within two (2) weeks after
signing hereof.
16- This agreement may be cancelled by Purchaser if it is
unable to fulfill the terms of this agreement due to an Act of G-
d, labor unrest, or other legitimate conditions beyond the
control of Promoter, OR it may be rescheduled. In the event of
cancellation by Purchaser, Artist will be entitled to keep, as
payment for such cancellation, the amount paid as a deposit.
17- In the event that the program is rescheduled, it will be
granted upon the same terms and conditions but will be subject
to Artist's bonafide schedule. The parties will use their "best
efforts" to so adapt that the program be presented as scheduled.
18- In the event of cancellation of this agreement by the
ARTIST, other than due to Act of G-d, Artist's liability to
Purchaser will be to refund to the Purchaser any deposits
received from the Purchaser. In addition, Artist will be held
liable and will reimburse promoter for the costs of
advertisements, publicity, airfares, hotel expense, and the
reasonable attorneys fees for promoters collection of said costs.
19- The Artist will have the exclusive right to sell souvenirs or
merchandise of any kind. Unless otherwise agreed to in
writing, the Artist will receive one hundred (100%) percent of
all receipts from the sale of Artist's souvenirs or merchandise.
20- Purchaser agrees to provide a First Class theatrical public
address audio system, lighting system, power supply, and other
rental equipment as Artist may require pursuant to Artist’s

Technical Rider.
21. Artist warrants and represents that CindyCee Ltd., is
Artist’s solely owned loan out corporation which has the
authority and right to provide Artist’s services as required
herein.
22- This agreement will be deemed made in and will be
construed in accordance with the laws of the State of New York
and cannot be changed except in writing and signed by both
parties. Any action or suit pertaining to, or arising out of this
agreement will be determined by a court or tribunal in New
York City.
_____________________ _____________________
Purchaser/Promoter: On Behalf of Artist

FIVE TOWNS COLLEGEDix Hills, New York 11746MUB 2.docx

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