I have a decent relationship with the musician doing the soundtrack to my film. He sent me a contract to look over. I don't think either of us are interested in trying to screw the other guy over, we're just looking for a fair deal. The contract looks fine at a glance, but I wondered if anyone can spot anything that might trip either of us up later.
Is it normal to calculate royalties off net or gross profits?
Any good guides out there?
O.K Thx
Is it normal to calculate royalties off net or gross profits?
Any good guides out there?
O.K Thx
This document sets out the terms and conditions under which you grant
<company name> („Licensee“) a non-exclusive license to commercially exploit the tracks or parts of the tracks embodied in the recordings described.
The Licensor owns and controls the copyright in the sound recordings („Recordings“) listed below:
Artist: XXXX Artist: XXXX
Track: Tre Track: Colors
(((TRACKLIST DELETED FOR PRIVACY)))
<your name> - <your company> XXXXX
Date: Date:
Read and agreed: Read and agreed:
___________________________ ___________________________
1. Territory: World
2. Term: 10 years from the day of signature by „Licensor“. By the end of this term the contract extends for always one year automatically and aunally unless Licensor cancels the contract by sending a written message to Licensee 3 months before the end of this term or any subsequent year- period.
3. Grant of rights: Licensor grants to the Licensee throughout the Territory during the Term an irrevocable non-exclusive right and license:
1. to use the parts of the Recordings, but not the whole tracks, exclusively in the video film project „<film name>“ („Film“), by incorporating them in to the soundtrack for the Film as film music („Soundtrack“)
2. to use the name, approved likeness and photographs of artist(s) performing on the Recordings in connection with promotion and sale of the Film; and
3. to use, modify, copy, reproduce, store, transmit, communicate, distribute, encode, embody and/or store the Soundtrack, as part of the Film in connection with promotion and sale of the Film in the form of a video file or files that can be loaded onto a computer server and made available for end users to download onto wired or wireless device (including without limitation computers, mobile phones) via a range of service channels (including without limitation, the internet, web, cable, satellite, wap sms, I-mode or any other form of distribution, transmission or communication); and
4. to transmit, communicate and/or exploit the Soundtrack as part of the Film by electronic or similar means or in an intangible form by any means or combination of means which are capable of being made perceivable or used by a receiving device including as set out in sub-clause (c) above;
<your name> - <your company> XXXXXX
Date: Date:
Read and agreed: Read and agreed:
___________________________ ___________________________
4. Royalty:
In the consideration of the rights granted by the Licensor to the Licensee, the Licensee shall pay to the Licensor the following royalties:
1. 4% of all profits which will be calculated by reference to the proportion of commercial use of the Film by the Licensee (or its licensees),
2. One time immediate payment of 500.- EUR (five hundred euro)
5. Delivery Materials:
The Licensor shall deliver to the Licensee master recordings reproducing each of the Recordings and all necessary clearances and information required for labeling Recordings as parts of the Soundtrack.
6. Accounting: Twice yearly on 1st January and 1st July (90 days tolerance)
7. Jurisdiction: United Kingdom Law
In signing below the Licensor confirms that he owns and/or controls the Recordings for the territory referred to and that the Licensor agrees for it to appear in the Soundtrack for the Film on the commercial set out above. By signing, the Licensor also warrants that any samples on the Recordings are cleared and indemnify <company name> against any claims, actions or damages arising from any breach by the Licensor of this warranty or the other terms of this agreement.
By signing, the Licensor and the Licensee will form a binding agreement between them.
<your name> - <your company> XXXXXXX
Date: Date:
Read and agreed: Read and agreed:
___________________________ ___________________________
LICENSE TO USE RECORDINGS FOR THE FILM PROJECT „<film name>“ AS PART OF THE FILM SOUNDTRACK.
Film title: <FILM TITLE>
ONE TIME PAYMENT OF 500.- EUR (FIVE HUNDRED EURO)
ROYALTIES COLLECTED FROM ALL PROFITS RELATED TO COMMERCIAL USE OF FILM AND INCLUDING BUT NOT LIMITED TO THE SALE OF FILM: 4%
Computation Base: 100% of net sales after returns, prorata numeri
Territory: World (no licensing)
Accounting: semi-annually within 90 days from end of each semester
Term: 10 years
Release date: <release date>
Film duration: <XX hours XX minutes>
Nr. of tracks: 6
Samples (only if released on VCD or DVD): 2 copies free of charge
<your name> - <your company> XXXXXXXXXXX
Date: Date:
Read and agreed: Read and agreed:
___________________________ ___________________________
Licensor grants to the Licensee throughout the Territory during the Term an irrevocable non-exclusive right and license:
Licensor warrants and represents to possess the full right power and authority to enter into and to perform this agreement.
No material recorded or conveyed hereunder shall infringe upon any Third Party rights and licensor warrants to have any necessary permissions and clearances fully indemnifies Licensee against any claim of breach of any warranty made hereunder holding licensee completely free from liability or any claims made against it by breach of this clause.
Licensor guarantees that all „sampling“ embodied in the Recordings are cleared and thus free of any claim. Licensee shall not be held responsible for any claim from any other company relating to the „sampling“ embodied in the Recordings.
By signing this authorization letter you authorize <company name> to use Recordings in object for a film project branded „<film project or film name>“.
Royalties shall be payable from receipt of an original copy of the invoice.
Please return us a copy of this letter signed for acceptance.
<your name> - <your company> XXXXXX
Date: Date:
Read and agreed: Read and agreed:
___________________________
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