This document is an exclusive songwriter contract between a publisher and a writer. It outlines the terms of their agreement, including:
- The writer will work exclusively for the publisher as a songwriter for the term of the contract.
- The writer assigns all rights and interests in musical compositions created during the term to the publisher.
- The publisher will pay the writer royalties based on sales and licenses of the compositions.
- The contract details accounting procedures, ownership of copyrights, the writer's representations and warranties, and other standard terms.
This document is an exclusive recording agreement between an artist and a record company. It details the terms of the recording commitment, including that the artist will record a minimum of 13 songs for each contract period. It gives the record company options to extend the agreement for additional periods. It outlines that the record company will have control over recording decisions and will recoup recording costs and advances from the artist's royalties. The artist agrees to record exclusively for the company during the term of the agreement.
This document is an independent label recording agreement between an artist and a record company. It outlines the terms of the exclusive recording agreement, including that the artist will deliver a master recording of at least 40 minutes, and the company will have the rights to release and commercially exploit the recording. The agreement also covers payment of advances to the artist, royalty rates, ownership of rights, obligations of both parties, and procedures for resolving disputes.
This document is an independent label license agreement between an artist and a record company. It grants the company exclusive rights to the artist's master recording for a set number of years, after which the rights revert back to the artist. The agreement covers rights related to manufacturing, distributing, and exploiting the recording, as well as royalty rates and payment terms. It also addresses issues like artwork, promotional copies, video rights, and dispute resolution procedures.
This agreement establishes an exclusive recording contract between an artist and a record company. The key terms are:
1) The contract is for an initial one year term, with the company having options to renew for 10 additional one year periods.
2) The artist agrees to record a minimum of one album per contract period.
3) The company will own all recording copyrights and have exclusive rights to exploit the recordings worldwide in all media, now known and hereafter devised.
4) The artist will receive royalties calculated at 80% of net receipts, subject to recoupment of expenses by the company. Detailed accounting and payment procedures are outlined.
This document is a mechanical license agreement between a record company and a music publisher. It grants the record company the right to create and distribute recordings of a specific copyrighted musical work performed by a named artist under the compulsory licensing provisions of US copyright law. The record company must pay statutory royalties to the publisher on a quarterly basis and account for copies made and distributed, or else face possible termination of the license and copyright infringement claims.
The document outlines technical requirements for an artist's performance, including:
- Providing a suitable performance space, dressing rooms, meals, parking, and lodging for performers and crew
- Handling publicity, ticket sales, and front-of-house operations
- Furnishing necessary production equipment like lighting, sound equipment, and stagehands
- Granting the artist access to the performance space for rehearsals in advance of the show
This document is a mechanical license agreement between an owner and licensee of a musical composition. It grants the licensee rights to record, reproduce, market and sell the composition, and outlines the terms including a royalty rate of 5 cents per phonorecord sold in the US. The owner warrants they have sole copyright of the composition and can grant this license. Statements and payments are due quarterly within 45 days of the end of each quarter.
This document is an exclusive artist recording agreement between Rock On Records, Inc. and the musical group "The Angels" (Jill Munroe, Kelly Garrett, and Sabrina Duncan). It outlines the terms of the recording contract, including that Rock On Records will own all rights to the master recordings and have exclusive rights to distribute the recordings. The Angels will receive 50% of net royalties from record sales and other exploitation of the recordings. The initial contract term is for 9 months to deliver the first album, with options to extend, and the agreement covers recording obligations, advances, mechanical licenses, and other rights.
This document is an exclusive recording agreement between an artist and a record company. It details the terms of the recording commitment, including that the artist will record a minimum of 13 songs for each contract period. It gives the record company options to extend the agreement for additional periods. It outlines that the record company will have control over recording decisions and will recoup recording costs and advances from the artist's royalties. The artist agrees to record exclusively for the company during the term of the agreement.
This document is an independent label recording agreement between an artist and a record company. It outlines the terms of the exclusive recording agreement, including that the artist will deliver a master recording of at least 40 minutes, and the company will have the rights to release and commercially exploit the recording. The agreement also covers payment of advances to the artist, royalty rates, ownership of rights, obligations of both parties, and procedures for resolving disputes.
This document is an independent label license agreement between an artist and a record company. It grants the company exclusive rights to the artist's master recording for a set number of years, after which the rights revert back to the artist. The agreement covers rights related to manufacturing, distributing, and exploiting the recording, as well as royalty rates and payment terms. It also addresses issues like artwork, promotional copies, video rights, and dispute resolution procedures.
This agreement establishes an exclusive recording contract between an artist and a record company. The key terms are:
1) The contract is for an initial one year term, with the company having options to renew for 10 additional one year periods.
2) The artist agrees to record a minimum of one album per contract period.
3) The company will own all recording copyrights and have exclusive rights to exploit the recordings worldwide in all media, now known and hereafter devised.
4) The artist will receive royalties calculated at 80% of net receipts, subject to recoupment of expenses by the company. Detailed accounting and payment procedures are outlined.
This document is a mechanical license agreement between a record company and a music publisher. It grants the record company the right to create and distribute recordings of a specific copyrighted musical work performed by a named artist under the compulsory licensing provisions of US copyright law. The record company must pay statutory royalties to the publisher on a quarterly basis and account for copies made and distributed, or else face possible termination of the license and copyright infringement claims.
The document outlines technical requirements for an artist's performance, including:
- Providing a suitable performance space, dressing rooms, meals, parking, and lodging for performers and crew
- Handling publicity, ticket sales, and front-of-house operations
- Furnishing necessary production equipment like lighting, sound equipment, and stagehands
- Granting the artist access to the performance space for rehearsals in advance of the show
This document is a mechanical license agreement between an owner and licensee of a musical composition. It grants the licensee rights to record, reproduce, market and sell the composition, and outlines the terms including a royalty rate of 5 cents per phonorecord sold in the US. The owner warrants they have sole copyright of the composition and can grant this license. Statements and payments are due quarterly within 45 days of the end of each quarter.
This document is an exclusive artist recording agreement between Rock On Records, Inc. and the musical group "The Angels" (Jill Munroe, Kelly Garrett, and Sabrina Duncan). It outlines the terms of the recording contract, including that Rock On Records will own all rights to the master recordings and have exclusive rights to distribute the recordings. The Angels will receive 50% of net royalties from record sales and other exploitation of the recordings. The initial contract term is for 9 months to deliver the first album, with options to extend, and the agreement covers recording obligations, advances, mechanical licenses, and other rights.
Rev. 5/21/10 RICK ROSS PERFORMANCE RIDER REQUIREMENTS The Star Newspaper
1) The document outlines Rick Ross's performance rider requirements, including air and ground transportation, dressing room amenities, catering needs, technical provisions, and security provisions.
2) It specifies requirements such as 8 roundtrip airfares (2 first class, 6 coach), 2 luxury passenger vans with licensed chauffeurs, a private dressing room for 10 people, catering including alcohol and food, professional sound and lighting equipment, and adequate security including a minimum of 6 guards to secure the stage area.
3) It also covers security details like prohibiting audience members from climbing on stage, separating backstage areas, and providing escort vehicles after the performance.
This contract outlines the agreement between an actor and Numero Uno Production for the film "A One Man War". It grants the production company rights to the actor's performance and likeness to be used in marketing and future profits. The actor also authorizes editing and incorporation of their performance into the final film. This agreement supersedes any prior contracts and constitutes the full understanding between both parties.
This document is a concert performance agreement between a buyer and artist(s) to perform at an annual concert event. It outlines the details of the performance such as location, date, time, description of entertainment, and payment to the artist(s). The buyer agrees to pay the artist(s) an agreed upon amount and provide items like parking, security, dressing rooms and equipment for the performance. Both parties agree the artist(s) will perform as independent contractors.
The production company Numero Uno will not be responsible for any injuries to the actor during filming and will conduct full health and safety risk assessments, while the actor guarantees their availability for all agreed upon performances and authorizes Numero Uno to use their image, voice, and likeness in marketing materials for the film, with this agreement superseding any prior contracts between the actor and production company.
This document is an exclusive agent contract between an agent and musician(s) that details:
1) The term of the agreement and scope of representation, wherein the agent is granted exclusive worldwide representation rights.
2) The agent's duties to promote the musician(s) and obtain engagements, and the musician(s)' duties to refer all business opportunities to the agent.
3) Compensation terms wherein the agent receives a percentage of the musician(s)' gross earnings for obtained engagements.
This agreement confirms that an actor will take part in a low-budget music video from specified start and end dates. The actor agrees to be available during the filming period at certain locations, with working days not exceeding 5 hours. In return, the production will ensure the actor's health, safety and welfare, provide food and refreshments, and accommodate travel arrangements to and from filming locations. Both the actor and director sign to agree to the terms.
This document summarizes an actors contract for a low budget film production. It outlines agreements made between the actor and production company, including:
1) The actor will be available for filming from specific dates.
2) Filming will take place in designated locations.
3) The actor will transfer rights to the finished film to the production company.
4) The actor will be paid a fee of a certain amount within 28 days of performing.
This document outlines various rehearsal techniques that could be used when preparing a theatrical performance, including exercises focused on character development, physicality, ensemble work, and voice. Some key techniques mentioned are having actors reveal their character's inner thoughts during rehearsal, putting actors in a "hot seat" to answer in-character questions, examining emotional objectives and super-objectives, and using techniques developed by Stanislavski and LeCoq to explore movement, tension, and non-verbal communication between actors. An accompanying Prezi presentation provides additional context on applying these techniques to a production of Woyzeck.
The document is an actors contract for the film "LIVE EVIL" between Pandora Pictures and an actor. It confirms the actor will play a role in the film and outlines the filming schedule, locations, use of footage for a college project, working hours and lack of compensation due to the low budget nature of the student film. The actor agrees to the terms by signing the contract.
ADVERTISING AGENCY AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The Ancient Monuments Preservation Act of 1904 was enacted to provide for the preservation of ancient monuments and objects of archaeological, historical, or artistic interest in India. Some key points:
- It defines ancient monuments and antiquities and allows the central government to declare protected monuments.
- It establishes provisions for acquiring guardianship or ownership of protected monuments, and for entering into agreements with owners for preservation.
- The act grants powers to restrict activities like mining near monuments, compel acquisition of endangered monuments, and maintain certain protected monuments.
- It also controls traffic in antiquities by allowing prohibitions on transporting antiquities into or out of territories if deemed detrimental. Strict
This document is a sponsorship contract between an event sponsor and an artist's manager/promoter. It details the terms of the exclusive sponsorship, including compensation, tickets, branding and logo usage, merchandise, advertising rights, and the contract period. The sponsor will receive branding benefits like logo inclusion in promotions and signage. They also obtain rights to use the artist's likeness in advertising and develop premium merchandise to promote during the event tour dates. The contract establishes both parties' obligations and restrictions regarding sponsorship of the artist/event.
This document is a distribution agreement that grants distribution rights for a film titled "[TITLE OF PROJECT]" to a distribution company. It outlines the rights granted, including theatrical, home video, television, and other distribution rights. It also covers terms of the agreement such as revenue sharing amounts, advertising requirements, delivery materials, and standard representations and warranties regarding the film. The agreement is between the production company and distribution company and establishes a framework for the distribution of the film.
The document outlines an online marketing plan for promoting a movie to Punjabi communities in India and abroad. The plan involves:
1. Creating a website and social media pages for the movie.
2. Implementing SEO strategies like search engine submissions and backlink building.
3. Producing and sharing video content on video sharing sites.
4. Engaging in forum posting, blog commenting and social media marketing targeted at Punjabi audiences in India and internationally.
3. The plan aims to build an online community and buzz around the movie leading up to its release.
This agreement outlines the terms of an actor's contract with a production company for a motion picture. It grants the production company perpetual rights to the actor's performance, including the use of their image, likeness and voice in marketing and distribution of the film. The actor will be paid £6.50 per hour for their performance and agrees the production company owns all rights to the finished film. Unless otherwise agreed in writing, the actor will not be compensated if they do not complete their performance. This agreement supersedes any prior agreements between the actor and production company.
This presentation provides an introduction to copyright and music licensing. It describes the different types of rights protected by copyright law, including musical compositions, sound recordings, and related rights. It explains concepts like copyright duration and infringement. Key points covered include how copyright provides exclusive rights to creators, the distinction between musical compositions and sound recordings, how licenses work for different uses, and penalties for infringement. The presentation aims to explain copyright fundamentals in layman's terms for non-specialists.
Chapter 4: Experiencing and Analyzing Playsgarrets
This document discusses how theatre artists manipulate audiences through group dynamics, suspension of disbelief, and aesthetic distance. It also covers levels of participation in theatre, etiquette, going to see plays, criticism, freedom of speech exceptions, and censorship throughout history. The key elements that theatre criticism should address according to Goethe are what the artist is trying to do, how well they did it, and if it is worth doing.
This document is a tenancy agreement between a landlord and tenant. It details the terms of the rental of a property located at the address specified. The key terms are:
- The tenancy is for a fixed term of 2.5 years, from the start date to end date specified.
- The tenant agrees to pay monthly rent and utility deposits as specified upfront and on the 7th of each month.
- The duties of both landlord and tenant are outlined, including repairs, notices, and yielding of property at end of term.
- Breach of agreement terms, such as non-payment or unauthorized alterations, allows the landlord to issue a notice and potentially repossess the property.
This document discusses various aspects of pre-production for a media project, including finance, logistics, time, facilities, personnel, and materials. Finance is needed to rent equipment, hire crew and talent, secure locations, and obtain necessary clearances. Sources of funding include advertising, sponsorship, and sales. Logistics involve scheduling around equipment, personnel, and location availability. Setting deadlines helps manage time efficiently and motivate teams. Facilities, locations, and personnel all require planning and booking well in advance. Adequate funding must be allocated to cover all pre-production requirements.
This document is an exclusive songwriter contract between a publisher and a writer. It details the terms of employment including: the writer will provide songwriting services exclusively for the publisher; the publisher acquires ownership of all rights to the writer's compositions; the writer is granted 10-12.5% royalties on sales of compositions; the contract lasts until a specified end date; and various other standard terms around accounting, notices, and the writer's obligations are included.
This document is a short form copyright assignment transferring 100% of the worldwide copyrights for a musical composition from the writer(s) to a company. It assigns rights including title, music, lyrics, arrangements, adaptations, and derivatives to the company for use in all current and future fields and technologies. It also states that the writer rendered their services as an employee for hire, making the composition a work made for hire under US copyright law.
Rev. 5/21/10 RICK ROSS PERFORMANCE RIDER REQUIREMENTS The Star Newspaper
1) The document outlines Rick Ross's performance rider requirements, including air and ground transportation, dressing room amenities, catering needs, technical provisions, and security provisions.
2) It specifies requirements such as 8 roundtrip airfares (2 first class, 6 coach), 2 luxury passenger vans with licensed chauffeurs, a private dressing room for 10 people, catering including alcohol and food, professional sound and lighting equipment, and adequate security including a minimum of 6 guards to secure the stage area.
3) It also covers security details like prohibiting audience members from climbing on stage, separating backstage areas, and providing escort vehicles after the performance.
This contract outlines the agreement between an actor and Numero Uno Production for the film "A One Man War". It grants the production company rights to the actor's performance and likeness to be used in marketing and future profits. The actor also authorizes editing and incorporation of their performance into the final film. This agreement supersedes any prior contracts and constitutes the full understanding between both parties.
This document is a concert performance agreement between a buyer and artist(s) to perform at an annual concert event. It outlines the details of the performance such as location, date, time, description of entertainment, and payment to the artist(s). The buyer agrees to pay the artist(s) an agreed upon amount and provide items like parking, security, dressing rooms and equipment for the performance. Both parties agree the artist(s) will perform as independent contractors.
The production company Numero Uno will not be responsible for any injuries to the actor during filming and will conduct full health and safety risk assessments, while the actor guarantees their availability for all agreed upon performances and authorizes Numero Uno to use their image, voice, and likeness in marketing materials for the film, with this agreement superseding any prior contracts between the actor and production company.
This document is an exclusive agent contract between an agent and musician(s) that details:
1) The term of the agreement and scope of representation, wherein the agent is granted exclusive worldwide representation rights.
2) The agent's duties to promote the musician(s) and obtain engagements, and the musician(s)' duties to refer all business opportunities to the agent.
3) Compensation terms wherein the agent receives a percentage of the musician(s)' gross earnings for obtained engagements.
This agreement confirms that an actor will take part in a low-budget music video from specified start and end dates. The actor agrees to be available during the filming period at certain locations, with working days not exceeding 5 hours. In return, the production will ensure the actor's health, safety and welfare, provide food and refreshments, and accommodate travel arrangements to and from filming locations. Both the actor and director sign to agree to the terms.
This document summarizes an actors contract for a low budget film production. It outlines agreements made between the actor and production company, including:
1) The actor will be available for filming from specific dates.
2) Filming will take place in designated locations.
3) The actor will transfer rights to the finished film to the production company.
4) The actor will be paid a fee of a certain amount within 28 days of performing.
This document outlines various rehearsal techniques that could be used when preparing a theatrical performance, including exercises focused on character development, physicality, ensemble work, and voice. Some key techniques mentioned are having actors reveal their character's inner thoughts during rehearsal, putting actors in a "hot seat" to answer in-character questions, examining emotional objectives and super-objectives, and using techniques developed by Stanislavski and LeCoq to explore movement, tension, and non-verbal communication between actors. An accompanying Prezi presentation provides additional context on applying these techniques to a production of Woyzeck.
The document is an actors contract for the film "LIVE EVIL" between Pandora Pictures and an actor. It confirms the actor will play a role in the film and outlines the filming schedule, locations, use of footage for a college project, working hours and lack of compensation due to the low budget nature of the student film. The actor agrees to the terms by signing the contract.
ADVERTISING AGENCY AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The Ancient Monuments Preservation Act of 1904 was enacted to provide for the preservation of ancient monuments and objects of archaeological, historical, or artistic interest in India. Some key points:
- It defines ancient monuments and antiquities and allows the central government to declare protected monuments.
- It establishes provisions for acquiring guardianship or ownership of protected monuments, and for entering into agreements with owners for preservation.
- The act grants powers to restrict activities like mining near monuments, compel acquisition of endangered monuments, and maintain certain protected monuments.
- It also controls traffic in antiquities by allowing prohibitions on transporting antiquities into or out of territories if deemed detrimental. Strict
This document is a sponsorship contract between an event sponsor and an artist's manager/promoter. It details the terms of the exclusive sponsorship, including compensation, tickets, branding and logo usage, merchandise, advertising rights, and the contract period. The sponsor will receive branding benefits like logo inclusion in promotions and signage. They also obtain rights to use the artist's likeness in advertising and develop premium merchandise to promote during the event tour dates. The contract establishes both parties' obligations and restrictions regarding sponsorship of the artist/event.
This document is a distribution agreement that grants distribution rights for a film titled "[TITLE OF PROJECT]" to a distribution company. It outlines the rights granted, including theatrical, home video, television, and other distribution rights. It also covers terms of the agreement such as revenue sharing amounts, advertising requirements, delivery materials, and standard representations and warranties regarding the film. The agreement is between the production company and distribution company and establishes a framework for the distribution of the film.
The document outlines an online marketing plan for promoting a movie to Punjabi communities in India and abroad. The plan involves:
1. Creating a website and social media pages for the movie.
2. Implementing SEO strategies like search engine submissions and backlink building.
3. Producing and sharing video content on video sharing sites.
4. Engaging in forum posting, blog commenting and social media marketing targeted at Punjabi audiences in India and internationally.
3. The plan aims to build an online community and buzz around the movie leading up to its release.
This agreement outlines the terms of an actor's contract with a production company for a motion picture. It grants the production company perpetual rights to the actor's performance, including the use of their image, likeness and voice in marketing and distribution of the film. The actor will be paid £6.50 per hour for their performance and agrees the production company owns all rights to the finished film. Unless otherwise agreed in writing, the actor will not be compensated if they do not complete their performance. This agreement supersedes any prior agreements between the actor and production company.
This presentation provides an introduction to copyright and music licensing. It describes the different types of rights protected by copyright law, including musical compositions, sound recordings, and related rights. It explains concepts like copyright duration and infringement. Key points covered include how copyright provides exclusive rights to creators, the distinction between musical compositions and sound recordings, how licenses work for different uses, and penalties for infringement. The presentation aims to explain copyright fundamentals in layman's terms for non-specialists.
Chapter 4: Experiencing and Analyzing Playsgarrets
This document discusses how theatre artists manipulate audiences through group dynamics, suspension of disbelief, and aesthetic distance. It also covers levels of participation in theatre, etiquette, going to see plays, criticism, freedom of speech exceptions, and censorship throughout history. The key elements that theatre criticism should address according to Goethe are what the artist is trying to do, how well they did it, and if it is worth doing.
This document is a tenancy agreement between a landlord and tenant. It details the terms of the rental of a property located at the address specified. The key terms are:
- The tenancy is for a fixed term of 2.5 years, from the start date to end date specified.
- The tenant agrees to pay monthly rent and utility deposits as specified upfront and on the 7th of each month.
- The duties of both landlord and tenant are outlined, including repairs, notices, and yielding of property at end of term.
- Breach of agreement terms, such as non-payment or unauthorized alterations, allows the landlord to issue a notice and potentially repossess the property.
This document discusses various aspects of pre-production for a media project, including finance, logistics, time, facilities, personnel, and materials. Finance is needed to rent equipment, hire crew and talent, secure locations, and obtain necessary clearances. Sources of funding include advertising, sponsorship, and sales. Logistics involve scheduling around equipment, personnel, and location availability. Setting deadlines helps manage time efficiently and motivate teams. Facilities, locations, and personnel all require planning and booking well in advance. Adequate funding must be allocated to cover all pre-production requirements.
This document is an exclusive songwriter contract between a publisher and a writer. It details the terms of employment including: the writer will provide songwriting services exclusively for the publisher; the publisher acquires ownership of all rights to the writer's compositions; the writer is granted 10-12.5% royalties on sales of compositions; the contract lasts until a specified end date; and various other standard terms around accounting, notices, and the writer's obligations are included.
This document is a short form copyright assignment transferring 100% of the worldwide copyrights for a musical composition from the writer(s) to a company. It assigns rights including title, music, lyrics, arrangements, adaptations, and derivatives to the company for use in all current and future fields and technologies. It also states that the writer rendered their services as an employee for hire, making the composition a work made for hire under US copyright law.
This document is a master track license agreement between a licensee and licensor. It grants the licensee non-exclusive rights to use a specified musical recording (the "Master") in episodes of a television program. The licensee agrees to pay the licensor a fee for this use and additional fees for distributing the program on videograms. The licensor represents that they have obtained necessary approvals and permissions to license the use of the Master and will pay any required fees to the recording artist.
MUB 202 Music Business Contracts Prof Colfin HOMEWORK ASSI.docxroushhsiu
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 ...
This document outlines an artist-record label contract. It specifies that the artist will record exclusively for the record label during the contract period and will receive royalties on sales of recordings. The contract grants the label exclusive ownership and commercial rights to the artist's recordings, including rights to manufacture, distribute, license and sell the recordings. It also allows the label to deduct certain costs from the artist's royalties and gives the label renewal options to extend the contract period.
This document outlines an agreement between a producer and distributor for the exclusive distribution of certain master recordings. Key points:
- The producer represents that they own the rights to the master recordings and can grant exclusive distribution rights.
- The distributor is granted exclusive worldwide distribution rights for a set number of years.
- In exchange, the distributor agrees to pay the producer royalties based on record sales.
- The agreement also covers mechanical licensing, label details, payment procedures, follow-up releases, and dispute resolution.
This document is a sample letter of agreement between a sponsoring organization and a composer. It outlines the terms of their agreement for a composition commission and residency program. The key points include:
- The sponsor will provide financial support for the composer to create a new musical work and participate in community engagement activities over a specified period.
- The composer agrees to compose an original work, deliver materials by a deadline, and participate in promotional activities and residency events like workshops and rehearsals.
- The letter details payment amounts and schedules, rights and responsibilities of both parties, and plans for the premiere, additional performances, recordings, and ownership of copyright.
- Attachments provide more specifics on the composition
This film synchronization contract grants the employer exclusive rights to use the composer's music and arrangements in connection with a specified motion picture. The composer licenses the rights to the employer and waives moral rights. The contract stipulates that the employer is not liable for licensing or payments related to public performances of the music. It also prevents the composer from interfering with the distribution and exhibition of motion pictures containing the music. Key terms like "motion picture", "sound track", and "exhibitor" are defined.
This document outlines an agreement between a producer and recording artist for the producer's services in recording master recordings. The producer will conduct recording sessions at times and places mutually agreed upon by both parties. The artist will own all rights to the master recordings and have final approval of the technical quality. In exchange, the artist will pay the producer a fee, recoupable from royalties, for their services. The agreement also details royalty rates the producer would receive depending on if and where the masters are commercially released, as well as provisions regarding the producer assisting in securing a record deal for the artist.
This document is a synchronization license that grants non-exclusive rights to Burma Democratic Concern to record the song "On the Road to Mandalay" by Timo Cano in synchronization with a television program for international broadcast on MTV. The license is valid for an unspecified number of years from the date of signing and covers recordings made solely for use in the specified television program. The license cannot be transferred or assigned without written consent.
FIVE TOWNS COLLEGEDix Hills, New York 11746MUB 2.docxgertrudebellgrove
FIVE TOWNS COLLEGE
Dix Hills, New York 11746
MUB 202 Name of Student ______________________________
Music Business Contracts Prof. 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 a.
This document is a license granting non-exclusive rights to record copyrighted musical compositions for synchronization with a television program or motion picture. It allows recording the compositions listed for use solely with the specified television film. The license is valid for a set number of years and territory, and expires upon termination, at which point the rights to use the recordings cease. The publisher warrants ownership of the recording rights but provides no other guarantees.
The artist consents to having their voice and music recorded and broadcast as part of a program. The station owns all rights related to producing and broadcasting the program. The artist will not be compensated for appearances or participation. The artist allows their name and likeness to be used for promotional materials but not endorsements. The artist releases the station from any liability regarding use of the production. Rights to the artist's performance remain with the artist for radio broadcast only.
PUBLISHING AGREEMENT FORMAT
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Creative Commons Contract For Music Featured In “Sophomores”sophomorestv
The Creative Commons contract for all artists interested in being featured on "Sophomores" - all contracts must be printed and post mailed to directed address in e-mail.
This document is a synchronization license agreement between a film producer and licensor(s) that grants the film producer rights to use a musical composition in a motion picture. It specifies the musical composition being licensed, grants the film producer non-exclusive rights to use it in the film worldwide and in promotions, and retains rights for the licensor while requiring screen credits for the licensor be included. Consideration for the rights granted is acknowledged.
The artist consents to having their voice and music recorded and broadcast as part of a radio program. The radio station owns all rights related to producing and broadcasting the program. The artist will not be compensated for their appearance and understands their name and likeness can be used to promote the program. The artist releases the radio station from any liability regarding use of the production. Rights to the artist's performance remain with the artist and are limited to radio broadcast.
The document contains appearance release forms for five individuals - Felicity Myers, Miles Blakey, Lloyd Heppell, Chris Teague, and Chris Teague - who will appear in the film project "You're Somebody Else". The forms authorize the producers to film, record, and use the individuals' likenesses and performances in the film and related materials in perpetuity without limitation or compensation. A location release form is also included, permitting the film students to film on Chris Teague's property from November 14th to December 5th 2017.
The document contains appearance release forms for five individuals - Felicity Myers, Miles Blakey, Lloyd Heppell, Chris Teague, and Chris Teague - who will appear in the film project "You're Somebody Else". The forms authorize the producers to film, record, and use the individuals' likenesses and performances in the film and related materials in perpetuity without limitation or compensation. A location release form is also included, permitting the film students to film on Chris Teague's property from November 14th to December 5th 2017.
This contract outlines the terms of an agreement between musicians and an employer for a musical engagement, including details such as location, date, payment amount and structure, and that any disputes will be resolved by the musicians' union. It also specifies requirements for the employer like providing equipment and allowing access to the performance space for union representatives. The additional terms cover responsibilities of the leader in distributing payments and enforcing discipline, as well as requirements for union membership.
This document is a booking contract between a musician or band and an employer for a performance. It outlines key details of the performance such as the name of the musicians, number of musicians, location and date of the performance, agreed upon wage, deposit, and payment terms. It also specifies terms regarding breach of contract, liability for damages or losses to musicians, and that signers are personally responsible for the terms of the contract.
This document is a commercial music contract template that outlines terms for producing a commercial package. It specifies that the licensor will produce radio/TV commercials within 30 days in a specified musical style and length. The licensor retains copyright but licenses the music, melody and lyrics to the purchaser for a set number of years and territory. It details provisions for additional copies, prohibited licensing in other areas, options to renew and purchase rights. Payment terms include a deposit due upon signing and balance due within 10 days of package delivery.
This document assigns the copyright of a musical composition from the undersigned to another party. It transfers all rights, title, and interest in the composition, including any existing copyrights in the United States, Canada, and worldwide. The composition was originally copyrighted and registered with the U.S. Copyright Office on a specified date under a listed copyright number.
This document assigns the copyright of a musical composition from the assignor to the assignee. It lists the names, addresses, and phone numbers of both parties. It also provides details of the original copyright registration such as the date registered and copyright number. The assignor transfers all rights, title, and interest in the composition to the assignee in exchange for monetary compensation.
This agreement is between an artist and a record company. It details the terms of the artist exclusively recording an album for the company. The key points are:
1) The artist agrees to record a minimum of one album comprised of 10-14 songs over 12 months.
2) The company will pay for recording costs up to an approved budget and recoup any overages from royalties.
3) The artist will receive an advance of $________ and royalties of 50% of net receipts from exploitation of the masters.
4) The company obtains rights to use the artist's name, likeness and recordings to promote the album sales.
This document is an artist recording contract between a recording company and artist. It grants the company rights to manufacture and sell records made from the artist's recordings in exchange for royalty payments. The contract details terms such as royalty rates, payment schedules, restrictions on the artist recording for other companies, and options to extend the contract.
This document is a sponsorship contract between an agency and sponsor. It outlines the terms of an agreement for the agency to present an artist or attraction for the sponsor. Key details include:
- The sponsor will pay an agreed upon fee to the agency or artist as compensation for their services.
- The sponsor is responsible for providing the venue, properly equipped for the performance.
- Both parties are responsible for fulfilling their obligations, unless prevented by circumstances beyond their control like natural disasters.
- The contract specifies requirements like photos, bios and music lists to be provided, as well as responsibilities for costumes, transportation and other logistics.
This document is an international marketing contract between an Agent and a Client. It outlines the following key points:
1. The Agent agrees to market copies of the Client's audio product overseas in exchange for an upfront, non-refundable fee per copy.
2. The Agent will have exclusive representation rights for 3 months, with the option to extend for additional 3 month periods, to market the product overseas on the Client's behalf.
3. Any revenue generated through agreements secured by the Agent overseas will be split between the Agent and Client according to the percentages outlined in an attached Exhibit A.
The document is an international marketing contract between an Agent and Client. It details the terms of the Agent exclusively marketing the Client's audio products overseas for an initial 3 month period. The Agent will receive a pre-determined percentage of any advances, royalties or revenues obtained from contracts secured in overseas territories. The contract also covers financial procedures including depositing funds in an escrow account and monthly reporting requirements.
Instagram has become one of the most popular social media platforms, allowing people to share photos, videos, and stories with their followers. Sometimes, though, you might want to view someone's story without them knowing.
Bridging the Digital Gap Brad Spiegel Macon, GA Initiative.pptxBrad Spiegel Macon GA
Brad Spiegel Macon GA’s journey exemplifies the profound impact that one individual can have on their community. Through his unwavering dedication to digital inclusion, he’s not only bridging the gap in Macon but also setting an example for others to follow.
Meet up Milano 14 _ Axpo Italia_ Migration from Mule3 (On-prem) to.pdfFlorence Consulting
Quattordicesimo Meetup di Milano, tenutosi a Milano il 23 Maggio 2024 dalle ore 17:00 alle ore 18:30 in presenza e da remoto.
Abbiamo parlato di come Axpo Italia S.p.A. ha ridotto il technical debt migrando le proprie APIs da Mule 3.9 a Mule 4.4 passando anche da on-premises a CloudHub 1.0.
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Understanding User Behavior with Google Analytics.pdfSEO Article Boost
Unlocking the full potential of Google Analytics is crucial for understanding and optimizing your website’s performance. This guide dives deep into the essential aspects of Google Analytics, from analyzing traffic sources to understanding user demographics and tracking user engagement.
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Understand the importance of conversion rates and how to track them using Google Analytics. Set up Goals, analyze conversion funnels, segment your audience, and employ A/B testing to optimize your website for higher conversions. Utilize ecommerce tracking and multi-channel funnels for a detailed view of your sales performance and marketing channel contributions.
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This guide is designed to help you harness the power of Google Analytics for making data-driven decisions that enhance website performance and achieve your digital marketing objectives. Whether you are looking to improve SEO, refine your social media strategy, or boost conversion rates, understanding and utilizing Google Analytics is essential for your success.
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1. 34: 1
EXCLUSIVE SONGWRITER CONTRACT
THIS AGREEMENT is made and entered into this _______day of _______,20___, by and between _______________________________________(name)________________________________, of ______________________(address)______________________, (hereinafter referred to as "Publisher"), and _____________________________________(name)_______________________________, of _________________________(address)______________________, (hereinafter individually referred to as "Writer").
FOR AND IN CONSIDERATION OF mutual covenants set forth, the parties do hereby agree as follows:
1. Employment. Publisher hereby employs Writer to render his services as a songwriter and composer and otherwise as may be hereinafter set forth. Writer hereby accepts such employment and agrees to render such services exclusively for Publisher during the term hereof, upon the terms and conditions set forth herein.
2. Term. The term of this Agreement shall commence upon the date hereof and shall continue until _________________, 20____.
3. Grant of Rights. Writer hereby irrevocably and absolutely assigns, transfers, sets over, and grants to Publisher, its successors, and assigns each and every and all rights and interests of every kind, nature and description in and to the results and proceeds of Writer's services hereunder, including, but not limited to the titles, words, and music of any and all original arrangements of musical compositions in the public domain in any and all licenses relating thereto, together with all worldwide copyrights and renewals and extensions thereof, which
musical works have been written, composed, created, or conceived, in whole or in part, by Writer alone or in collaboration with another or others, and which are now owned or controlled, directly
or indirectly, by Writer, alone or with others, or as the employer or transferee, directly or indirectly, of the writers or composition, ad all worldwide copyrights and renewals and
extensions thereof, all of which Writer does hereby represent are and shall at all times be Publisher's sole and exclusive property as the owner thereof free from any adverse claims or rights therein by any other person, firm or corporation. Attached hereto as Exhibit A is a list of musical compositions written and made a part of this Agreement.
Writer acknowledges that, included within the rights and interests hereinabove referred to, but without limiting the generality of the foregoing, is Writer's irrevocable grant to Publisher, it's successors, licenses, sublicensees and assigns, of the sole and exclusive right license, privilege, and authority throughout the entire world with respect to the said original musical compositions and original arrangements of compositions under the public domain, whether now in existence or hereafter created during the term hereof as follows:
(a) To perform said musical compositions publicly, whether for profit or otherwise, by means of public or private performance, radio broadcasting, television, or any and all means, whether now known or which may hereafter come into existence;
(b) To substitute a new title or titles for said compositions or any of them and to make any arrangement, adaptation, translation, dramatization or transportation of said compositions or any of them, in whole or part, and in connection with any other literary, musical or dramatic material, and to add new lyrics to the music of any said compositions or new music to the lyrics of any of said compositions, all as Publisher may deem expedient or desirable; provided, however, anything to the contrary not withstanding, nothing contained herein shall be construed to allow Publisher to make any changes in Writer's recorded performances. In the event Publisher is directly involved in the printing of sheet music containing Writer's musical compositions Publisher agrees to make all reasonable effort to produce a reproduction of Writer's original recording of such composition as accurately as possible.
2. 34: 2
(c) To secure copyright registration and protection of said compositions in Publisher's name or otherwise as Publisher may desire at Publisher's own cost and expense and at Publisher's election, including any and all renewals and extensions of copyrights, and to have and hold said copyrights, renewals, extensions and all rights of whatsoever nature thereunder existing, for and during the full term of all said copyrights and all renewals and extensions thereof;
(d) To make or cause to be made, and to license others to make, master records, transcriptions, sound tracks, pressings, and any other mechanical, electrical or other productions of said compositions, in whole or part, in such form or manner and as frequently as Publisher's sole and uncontrolled discretion shall determine, including the right to synchronize the same with sound motion pictures, and the right to manufacture, advertise, license or sell such reproductions for any and all purposes, including, without limitation, private performances and public performances, radio broadcasts, television, sound motion pictures, wired radio or cable television, phonograph records and any and all other means or devices whether now known or which may hereafter come into existence.
(e) To print, publish and sell, and to license others to print, publish and sell, sheet music, orchestrations, arrangements and other editions of the said compositions in all forms, including, without limitation, the inclusion of any or all of said compositions in song folios, song books, mixed or lyric magazines with or without music; and
(f) Any and all other rights of every and any nature now or hereafter existing under any by virtue of any common law rights and copyrights and renewals and extensions thereof in any and all such compositions. Writer grants Publisher, without any compensation other than specified herein, the perpetual right to use and publish and to permit others to use and publish Writer's name (including any professional name heretofore or hereafter adopted by Writer), Writer's photograph or any other likeness, which shall be approved by Writer's logos and trademarks whether now in existence or created during the term hereof and biographical material concerning Writer, and the titles of any and all of the compositions hereunder, in connection with the printing, sale, advertising, performance, distribution and other exploitation of the compositions hereunder, and for any other purpose related to the music business of Publisher, its affiliated and related companies, or the refrain therefrom. This right shall be exclusive during the term hereof and nonexclusive thereafter. Writer grants Publisher the right to refer to Writer as Publisher's "Exclusive Songwriter and Composer" or any other similar appropriate appellation, during the term hereof.
4. Warranties, Representations, Covenants and Agreements: Writer hereby warrants, represents, covenants and agrees as follows: Writer had the full right, power and authority to enter into and perform this Agreement and to grant to and vest in Publisher all the rights herein set forth, free and clear of any and all claims, rights and obligations whatsoever; all of the compositions and all other results and proceeds of the services of the Writer hereunder, including all the titles, lyrics and music of the musical compositions, and each and every part therefore, delivered and to be delivered by Writer hereunder are and shall be new and original and capable of copyright protections throughout the entire world; no musical composition hereunder nor any part thereof shall be an imitation or copy of, or shall infringe upon any other material, of shall violate or infringe upon any common law or statutory rights of any part including without limitation, contractual rights and copyrights and rights of privacy, and Writer has not sold, assigned, leased, licensed or in any way disposed of or encumbered any composition or rights herein granted to Publisher, not shall Writer sell, assign, lease, license or in any other way dispose of or encumber any of the compositions or said rights.
3. 34: 3
5. Power of Attorney: Writer does hereby irrevocably constitute, authorize, empower and appoint Publisher, or any of it's officers, Writer's true and lawful attorney (with full power of substitution and delegation), in Writer's name, and in Writer's place and stead, or in Publisher's name, and to take and do such action, and to make, sign, execute, acknowledge and deliver all
instruments or document, which Publisher, or its, successors, assigns and licenses, all of the rights or interests granted by Writer hereunder, including, without limitation, such documents as
Publisher may deem desirable or necessary to secure to Publisher or its the worldwide copyrights for all compositions hereunder for the entire term of copyright and for any and all renewals and extensions.
6. Compensaton: Provided the Writer shall faithfully and completely perform the terms, covenants and conditions of this Agreement, Publisher hereby agrees to pay Writer for the services to be rendered by Writer under this Agreement, and for the rights acquired hereunder, the following compensation based on the musical compositions which are the subject hereof:
(a) Ten percent (10%) of the wholesale selling price per copy for each piano copy and dance orchestration printed, published and sold in the United States and Canada by Publisher or it;s licensees, for which payment has been received by Publisher, after deduction of returns.
(b) Twelve and on-half (12-1/2%) of the wholesale selling price upon each printed copy of each other arrangement and edition printed, published and sold in the United States and Canada by Publisher or its licensees, for which payment has been received by Publisher, after the deduction of return, except that in the event that any compositions shall be used or caused to be used, in whole or part, in conjunction with one or more musical composition in a folio, album or any other publication. Writer shall be entitled to receive that proportion of said twelve and one-half percent (12 1/2%) which the subject compositions shall bear to the total number of musical compositions contained in each folio, album, or publication.
(c) Fifty percent (50%) of any and all net sums actually received (less any costs for collection) by Publisher in the United States from the exploitation in the United States or Canada by the licensees of Publisher of mechanical rights, electrical transcription and reproduction rights, motion picture and television synchronization rights and all other rights(excepting printing rights and public performing rights) therein, whether or not such licensees are affiliated with, owned in whole or part by, or controlled by Publisher.
(d) Writer shall receive his public performance royalties throughout the world directly from the performing rights to which he is affiliated (ie. American Society of Composers, Authors and Publishers, Broadcast Music Inc...) and shall have not claim whatsoever against Publisher for any royalties received by Publisher from any performing rights society which makes payments directly (or indirectly other than through the Publisher) to writers, authors and composers.
(e) Fifty percent (50%) of any and all net sums, after deduction of foreign taxes, actually received (less any costs for collection) by Publisher in the United States from sales, licenses and other uses of the subject musical compositions in countries outside the United States and Canada (other than public performance royalties as herein mentioned in (d) above) from collection agents, licensees, subpublishers or others, whether or not same are affiliated with, owned in whole or part by, or controlled by Publisher.
(f) Publisher shall not be required to pay any royalties on professional or complimentary copies or any copies musical derivatives which are distributed gratuitously to performing artists, orchestra leaders and disc jockeys or for advertising, promotional or exploitation purposes. Furthermore, no royalties shall be payable to Writer of consigned copies unless paid for, and not until such time as an accounting therefore can be properly made.
4. 34: 4
(g) Royalties as hereinabove specified shall be payable solely to Writer in instances where Writer is the sole author of the entire composition, including the words and music thereof. However, in the event that one or more other songwriters are authors together with Writer on any composition (including songwriters employed by Publisher to add, change, or translate the words or to revise or change the music), the foregoing royalties shall be divided equally between Writer and the other songwriters unless another division of royalties is agreed upon in writing between the parties concerned and such written agreement is submitted to puublisher prior to payment.
(h) Except as herein expressly provided, no other royalties or monies shall be paid to Writer.
7. ACCOUNTING: Publisher shall compute the total composite royalties earned by Writer pursuant to this Agreement and pursuant to any other agreement between Writer and Publisher,
whether now in existence or entered into at any time subsequent hereto, on or before September 30th for the semi-annual period ending the preceding June 30th, and shall thereupon submit to
Writer the royalty statement for each period together with the net amount of such royalties, if any, as shall be payable after deducting any and all unrecouped advances and chargeable costs under this Agreement or any other agreement between Writer and Publisher. Upon the submission of each statement, Publisher shall have the right to retain, with respect to print sales as a reserve against subsequent charges, credits or returns, such portion of payable royalties as shall be necessary and appropriate in its best business judgement. All statements rendered by Publisher to Writer shall be binding upon Writer and not subject to any objection by Writer for any reason unless specific written objection, stating the basis thereof, is submitted by Writer to Publisher within one (1) year from the date rendered. Writer or a certified public accountant in his behalf may , at Writer's expense, and at reasonable intervals, examine Publisher's books relating to activities during the accounting period for said statement.
8. ACTIONS: Publisher may take such action as it deems necessary, either in Writer's name or in its own name, against any person to protect all rights and interests acquired by Publisher hereunder. Writer will, at Publisher's request, cooperate fully with Publisher in any controversy which may arise or litigation which may be brought concerning Publisher's rights and interests obtained hereunder. Publisher shall have the right to, in its absolute discretion, to employ attorneys and to institute or defend any action or proceeding and to take any other proper steps to protect the right, title and interest of Publisher in and to each musical composition hereunder and every portion thereof and in that connection, to settle, compromise or in any other manner dispose of any matter, claim, action or proceeding and to satisfy any judgement that may be rendered, in action brought by Publisher against any alleged infringer of any musical composition shall be initiated and prosecuted as a result thereof after deduction of the expense of litigation, including but not limited to attorney's fees and court cost, a sum equal to fifty percent (50%) of such net proceeds shall be paid to Writer. Writer agrees to and does hereby indemnify, save and hold Publisher harmless from any and all loss connected with any claim by a third party which is inconsistent with any in this Agreement, and Writer agrees to reimburse Publisher, on demand, respect to any liability or claim to which the foregoing indemnity applies. Pending the determination of any such claim, Publisher may withhold payment of royalties or other monies hereunder.
9. NOTICES: Any written notices which Publisher will desire to give Writer hereunder and all statements, royalties and other payments which shall be due to Writer hereunder shall be addressed to Writer at the address set forth on Page 1 hereof until Writer shall give Publisher written notice of a new address. All notices which Writer shall desire to give to Publisher hereunder shall be addressed to Publisher at the address set forth on Page 1 hereof until Publisher shall give Writer written notice of a new address.All notices shall be delivered by hand or served by mail, postage prepaid, or telegraph office, whichever shall be first, shall be deemed the date of service.
10. ENTIRE AGREEMENT. This Agreement supersedes any and all prior negotiations, understandings, and agreements between the parties hereto with respect to the subject matter hereof. Each of the parties acknowledges and agrees that neither party has made any representations or promises in connection with this Agreement or the subject matter hereof not contained herein.
5. 34: 5
11. COLLABORATION AND SEPARATE AGREEMENTS:
(a) Whenever Writer shall collaborate with any other person in the creation of any musical composition, and such musical composition shall be subject to the terms and conditions of this Agreement, and Writer warrants, represents and agrees that prior to the collaboration with any other person, such other person shall be advised of this exclusive agreement and advised that all such composition must be published and owned by Publisher. In the event of such collaboration with any other person, Writer shall cause such other person to execute a separate songwriter's agreement with respect thereto, which agreement shall set forth the division of the songwriter's share of income between Writer and such other person, and Publisher shall make payment accordingly.
(b) If Publisher so desires, Publisher may request Writer to execute a separate agreement in Publisher's customary form with respect to each musical composition hereunder. Upon such request Writer shall promptly execute and deliver such separate agreement. Publisher shall have the right, pursuant to the terms and conditions hereof, to execute such separate agreement in behalf of the Writer hereunder. Such separate agreement shall supplement and not supersede this Agreement. In the event of any conflict between the provisions of such separate agreement and this Agreement, the provisions of this Agreement shall govern. The failure of either of the parties hereto to execute such separate agreement, whether requested by Publisher or not, shall not affect the rights of Publisher to all the musical compositions written and composed by Writer.
12. WRITER's SERVICES: Writer agrees to perform the services required hereunder conscientiously and solely and exclusively for and as requested by Publisher. Writer shall promptly and faithfully comply with all requirements and requests made by Publisher in connection with its business as set forth herein. Writer shall deliver a manuscript copy of each material composition hereunder immediately upon the completion or acquisition of such musical composition. Publisher shall use its reasonable efforts in its best business judgement to exploit all compositions hereunder, but Publisher's failure to exploit any or all said compositions shall not be deemed a breach hereof.
13. MODIFICATION, WAIVER, INVALIDITY AND CONTROLLING LAW: This Agreement may not be canceled, altered, modified, amended or waived, in whole or in part, in any way, except by instrument in writing signed by the party sought to be bound. The waiver by either party of any breach of this Agreement in any one or more instances shall in no way be construed as a waiver of any subsequent breach of this Agreement. (whether or not similar in nature). If any part of this Agreement shall be held to be void, invalid or unenforceable, it shall not affect the validity of the balance of this Agreement. This Agreement shall be deemed to have been made in the State of _____, and its validity, construction and effect shall be governed by the laws of the State of __(state)__ applicable to agreement wholly performed therein. This Agreement shall not be binding upon Publisher until signed and executed by Writer.
14. UNIQUE SERVICE: Writer acknowledges that the services rendered hereunder are of a special, unique, unusual, extraordinary and intellectual character which gives them a particular value, the loss of which cannot be reasonably or adequately compensated in damages in any action at law, and that a breach by the Writer of any of the provisions of this Agreement will cause Publisher great and irreparable injury and damage. Writer expressly agrees that Publisher shall be entitled to the remedies of injunction and other equitable relief to prevent a breach of this Agreement or any provision hereof which relief shall be in addition to any other remedies for damages or otherwise, which shall be available to the Publisher.
15. ASSIGNMENT: Publisher shall have the right to assign this Agreement or any of its rights hereunder to any party. Writer does not have the right to assign this Agreement.
6. 34: 6
16. DEFINITION: For the purpose of this Agreement, the word "person" means and refers to any individual, corporation, partnership, association or any other organized group of persons legal successors or representatives of the foregoing. Whenever the expressions "the term of this Agreement" or "period hereof" or words of similar connotation are included herein, they shall be
deemed to mean and refer to the initial term of this Agreement and any and all renewals, extensions, substitutions or replacements of this Agreement, whether expressly indicated or otherwise. Where more than one person shall comprise Writer, the singular shall also include the plural, as applicable.
17. RECOUPMENTS: It is understood and acknowledged that any and all charges or advances against royalties under this Agreement may be recouped only from the royalties earned hereunder. No cross collateralization exits between this Agreement and any other facet of the Writer's business or career.
18. RIGHT OF REVISION: Notwithstanding anything contained herein to the contrary:
(a) In respect of all rights herein granted Publisher in and to any and all musical compositions written by Writer which are not recorded and released as a commercial record prior to the termination of this Agreement, it is understood and agreed that all such rights shall revert to Writer automatically upon the termination of this Agreement.
(b) In respect of any and all musical compositions which are released as a commercial record for sale to the public, it is understood and agreed that all such rights herein granted to Publisher shall terminate fifty (50) years from the date of creation as such date is shown on the copyright registration form and the copyright ownership shall revert to Writer and/or his/her heirs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written.
_________________________________ _______________________________
Publisher Writer
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