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 hund ...
MUB 202 Music Business Contracts Prof Colfin HOMEWORK ASSI.docx
1. 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?
2. 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,
3. 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
4. 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
5. 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.
6. 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
7. ($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
8. BUSI 604 100 Integrated Discussion Boards 1-4 Rubric
Criteria
Levels of Achievement
Content 70%
Advanced 92-100%
Proficient 84-91%
Developing 1-83%
Not present
Part 1-- Key Term/Concept Reservation
Part 2 -- Main Thread
37 to 40 points
Major Points are supported by all of the following:
Your thread must be placed in the Discussion Board Forum text
box and adhere precisely to the following headings:
· KEY TERM and WHY YOU ARE INTERESTED IN IT
· EXPLANATION OF THE KEY TERM
· MAJOR ARTICLE SUMMARY
· DISCUSSION
· REFERENCES
34 to 36 points
Major Points are supported by most of the following:
Your thread must be placed in the Discussion Board Forum text
box and adhere precisely to the following headings and format:
· KEY TERM and WHY YOU ARE INTERESTED IN IT
· EXPLANATION OF THE KEY TERM
· MAJOR ARTICLE SUMMARY
· DISCUSSION
9. · REFERENCES
1-33 points
Major Points are supported by some of the following:
Your thread must be placed in the Discussion Board Forum text
box and adhere precisely to the following headings and format:
· KEY TERM and WHY YOU ARE INTERESTED IN IT
· EXPLANATION OF THE KEY TERM
· MAJOR ARTICLE SUMMARY
· DISCUSSION
· REFERENCES
0 points
No work submitted.
Or
Duplicate concept reservations will not earn credit under any
circumstance—this includes work submitted in a previous
course
Part 3 – Replies
28 to 30 points
A minimum of 3 substantive and comprehensive replies to other
student postings are submitted, in at least one of the following
ways:
· compare/contrast the findings of others with your research;
· compare how the findings of others relates/adds to the
concepts learned in the required readings; and/or
· share additional empirical knowledge regarding global
business -- or international experiences you may have had --
relative to the postings of others.
25 to 27 points
A minimum of 2 substantive and comprehensive replies to other
student postings are submitted, in at least one of the following
ways:
· compare/contrast the findings of others with your research;
10. · compare how the findings of others relates/adds to the
concepts learned in the required readings; and/or
· share additional empirical knowledge regarding global
business -- or international experiences you may have had --
relative to the postings of others.
1-24 points
A minimum of 1 substantive and comprehensive reply to other
student postings are submitted, in at least one of the following
ways:
· compare/contrast the findings of others with your research;
· compare how the findings of others relates/adds to the
concepts learned in the required readings; and/or
· share additional empirical knowledge regarding global
business -- or international experiences you may have had --
relative to the postings of others.
0 points
No work submitted.
Or
Duplicate concept reservations will not earn credit under any
circumstance—this includes work submitted in a previous
course
Structure 30%
Advanced 92-100%
Proficient 84-91%
Developing 1-83%
Not present
Posted in Text Box
5 points
All 3 parts of the Forum are posted in the text box.
4 points
2 parts of the Forum are posted in the text box.
1 to 3 points
1 part of the Forum is posted in the text box.
0 points
11. No parts of the Forum are posted in the text box.
Or
Duplicate concept reservations will not earn credit under any
circumstance—this includes work submitted in a previous
course
Grammar/Spelling
5 points
Proper spelling and grammar are used.
4 points
Between 1–2 spelling and grammar errors are present.
1 to 3 points
Between 3–4 spelling and grammar errors are present.
0 points
More than 4 spelling and grammar errors are present.
Word Count
9 to 10 points
At least 800 words are submitted for Part 2; 450 words are
submitted for Part 3.
8 points
799 to 750 words are submitted for Part 2; 449 to 400 words are
submitted for Part 3.
1 to 7 points
749 to 100 words are submitted for Part 2; 399 to 100 words
are submitted for Part 3.
0 points
Less than 100 words are submitted for Part 2; less than 100
words are submitted for Part 3.
Part 2 References are in APA format
9 to 10 points
All references are in APA format.
8 points
Most references are in APA format.
1 to 7 points
Some references are in APA format.
0 points
No references are in APA format.
12. Important Notes:
All parts of the DB are posted in the text box -- not as an
attachment -- before or on the due date. In the event formatting
is lost in the text box, you may also attach your Word file to the
text box as evidence of proper formatting.
BUSI 604 Discussion Board Forum 1–4 Instructions
Important Assignment Deadlines:
· Part 1 due by 11:59 p.m. (ET) on Thursday of the first of the
assigned modules/weeks.
· Part 2 due by 11:59 p.m. (ET) on Monday of the second of the
assigned modules/weeks.
· Part 3 due by 11:59 p.m. (ET) on Sunday of the second of the
assigned modules/weeks.
· Note: For Module Week 8, Part 3 is due by Friday, 11:59pm
EST, since that is the last day of class. No work is accepted
after the course ends.
Part 1 (no word count)
As you read the chapters assigned to each module/week, you
will find some concepts more interesting and applicable to your
personal or work situation than others. Review the key terms
listed in the assigned chapters; then, submit a preliminary
thread indicating the key term that you wish to reserve for your
thread for that module/week.
Check the discussion board area prior to submitting your
reservation to ensure no one else has chosen that key term. In
the event the key term you wish to explore is already reserved
by someone else, simply move on to another key term in your
readings. Duplicate key terms will not earn credit under any
circumstance—this includes work submitted in a previous
course. Do not ask the instructor to accept a duplicate key term,
as this is not fair to those who followed these explicit
directions.
13. Include the exact key term you selected in your thread’s subject
line.
Submit Part 1 to the Discussion Board Forum by 11:59 p.m.
(ET) on Thursday of the first of the assigned modules/weeks.
Part 2 (800 words minimum)
After you have successfully reserved the key term that interests
you the most, research a minimum of 5 recent scholarly articles
that relate to the concept on which you wish to focus your
research. Articles must be found in reputable professional
and/or scholarly journals and/or informational venues that deal
with the content of the course (i.e., not blogs, Wikipedia,
newspapers, etc.). After reading the articles, select the 1 article
that you wish to discuss.
It is highly recommended that you use Liberty University’s
Jerry Falwell Library online resources. A librarian is available
to assist you in all matters pertaining to conducting your
research, including what constitutes a scholarly article. For
more details on what constitutes a scholarly journal (and what
does not), visit Jerry Falwell Library’s "Scholarly Journals –
What Are They?" page.
Your thread must be placed in the Discussion Board Forum
textbox (not as an attachment) and adhere precisely to the
following headings and format:
1. Key Termand Why You Are Interested in It (100 words
minimum)
After reading the textbook, specifically state why you are
interested in conducting further research on this key term (e.g.,
academic curiosity, application to a current issue related to
employment, or any other professional rationale). Include a
substantive reason, not simply a phrase.
14. 2. Explanation of the Key Term(100 words minimum)
Provide a clear and concise overview of the essentials relevant
to understanding this key term.
3. Major Article Summary(300 words minimum)
Using your own words, provide a clear and concise summary of
the article, including the major points and conclusions.
4. Discussion
In your own words, discuss each of the following points:
a. How the cited work relates to your above explanation AND
how it relates specifically to the content of the assigned
module/week. This part of your thread provides evidence that
you have extended your understanding of this key term beyond
the textbook readings. (150 words minimum)
b. How the cited work relates to the other 4 works you
researched. This part of your thread provides evidence that you
have refined your research key term to a coherent and
specialized aspect of the key term, rather than a random
selection of works on the key term. The idea here is to prove
that you have focused your research and that all works cited are
related in some manner to each other rather than simply a
collection of the first 5 results from your Internet search. (150
words minimum)
5. References
A minimum of 5 recent scholarly articles (not textbooks,
Wikipedia, or other popular reading magazines), in current APA
format, must be included and must contain persistent links so
others may have instant access. In the event that formatting is
lost or corrupted when submitting the thread, attach the
Microsoft Word document to your thread as evidence that your
work was completed in the proper format. Access the following
URL from the Jerry Falwell Library for instructions on creating
15. persistent links: How to Create a Persistent Link.
Submit Part 2 to the Discussion Board Forum by 11:59 p.m.
(ET) on Monday of the second of the assigned modules/weeks.
Part 3 (150 words minimum, per reply)
Additionally, you will reply to a minimum of 3 other
classmates’ threads. Thus, you will have submit substantive
written responses to a minimum of 3 other classmates’ threads.
Submit Part 3 to the Discussion Board Forum by 11:59 p.m.
(ET) on Sunday of the second of the assigned modules/weeks.
· Note: For Module Week 8, Part 3 is due by Friday, 11:59pm
EST, since that is the last day of class. No work is accepted
after the course ends.
Key Term: E- commerce
- (800 words minimum) 1-5
After you have successfully reserved the key term (E-
commerce) that interests you the most, research a minimum of 5
recent scholarly articles that relate to the concept on which you
wish to focus your research. Articles must be found in reputable
professional and/or scholarly journals and/or informational
venues that deal with the content of the course (i.e., not blogs,
Wikipedia, newspapers, etc.). After reading the articles, select
the 1 article that you wish to discuss.
It is highly recommended that you use Liberty University’s
Jerry Falwell Library online resources. A librarian is available
to assist you in all matters pertaining to conducting your
research, including what constitutes a scholarly article. For
more details on what constitutes a scholarly journal (and what
does not), visit Jerry Falwell Library’s "Scholarly Journals –
16. What Are They?" page.
1. Key Term: E- commerceand Why You Are Interested in It
(100 words minimum)
After reading the textbook, specifically state why you are
interested in conducting further research on this key term (e.g.,
academic curiosity, application to a current issue related to
employment, or any other professional rationale). Include a
substantive reason, not simply a phrase.
2. Explanation of the Key Term: E- commerce (100 words
minimum)
Provide a clear and concise overview of the essentials relevant
to understanding this key term.
3. Major Article Summary(300 words minimum)
Using your own words, provide a clear and concise summary of
the article, including the major points and conclusions.
4. Discussion
In your own words, discuss each of the following points:
a. How the cited work relates to your above explanation AND
how it relates specifically to the content of the assigned
module/week. This part of your thread provides evidence that
you have extended your understanding of this key term beyond
the textbook readings. (150 words minimum)
b. How the cited work relates to the other 4 works you
researched. This part of your thread provides evidence that you
have refined your research key term to a coherent and
specialized aspect of the key term, rather than a random
selection of works on the key term. The idea here is to prove
that you have focused your research and that all works cited are
related in some manner to each other rather than simply a
collection of the first 5 results from your Internet search. (150
words minimum)
17. 5. References
A minimum of 5 recent scholarly articles (not textbooks,
Wikipedia, or other popular reading magazines), in current APA
format, must be included and must contain persistent links so
others may have instant access. In the event that formatting is
lost or corrupted when submitting the thread, attach the
Microsoft Word document to your thread as evidence that your
work was completed in the proper format. Access the following
URL from the Jerry Falwell Library for instructions on creating
persistent links: How to Create a Persistent Link.