Album Artwork. Artist agrees to reimburse Company for any payment made by Company with respect to this Section, provided that the claim has been settled or has resulted in a final judgment against Company or its licensees. Within ninety (90) days of receipt of notice of any Leaving Member, as defined in the Leaving Member Section, Company shall have the right to terminate the Agreement with respect to the remaining members of Artist. Company may terminate this Agreement within thirty (30) days of the expiration of the Term or any Option Period. Company shall pay Artist _____% of the net receipts paid to Company under any flat fee license of the Master Recordings or any portion of the Master Recordings. During the Term (as described below), Artist shall only render recording services for the Company and shall not, unless otherwise permitted under this Agreement, render recording services for any other party. The Leaving Member shall not, however, be responsible for any outstanding Artist debts including unrecouped advances. [ ] Artist hereby indemnifies Company and undertakes to defend Company against and hold Company harmless (including without limitation attorney fees and costs) from any claims and damage arising out of a breach of Artist's Warranties as provided above. Artist shall provide written notice if Company fails to release the recording by the Guaranteed Release Date, and if, after 30 days from notification, the Company has not released the recording, Artist may terminate this agreement and all rights in the Master Recordings shall revert to Artist and Company shall have no further rights to the recording. Advance for Option Term. Artist will not use a different name in connection with the Master Recordings unless Artist and Company mutually agree in writing. This agreement (the "Agreement") is entered into between: _________________________________ ("Company") and _________________________________________, known collectively as ______________, and performing under the name _____________ (referred to as "Artist."). Artist shall be available from time to time to appear for photography, video performance, or the like, under the reasonable direction of Company. Advances and Recoupable Costs. [ ] Artist acknowledges and agrees that Company will pay a royalty for the mechanical license on all Records manufactured for sale or commercial distribution at ______% of the minimum compulsory license rate (the "Company Mechanical Rate") applicable in the country of manufacture. If a court finds any provision of this Agreement invalid or unenforceable as applied to any circumstance, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties. This lower royalty is a reflection of the increased investment that comes with a major label. Reserves. Side-Artist Recording. The acceptance by Artist of any statement or payment does not prevent Artist later questioning its accuracy. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in music industry law. Artist shall be responsible for payment of all expenses incurred in the production of the Master Recordings and shall obtain the appropriate permission, clearance or release from any person or union who renders services in the production of the Master Recordings. 1 4 � ¥ " " Έ" ά" �# Ό# �&. In the event that Artist elects not to furnish artwork, Company shall prepare the artwork and shall consult with Artist regarding the design. Copyright Act of 1976 and international copyright treaties) to the Master Recordings including: * the exclusive right to manufacture copies of all or any portion of the Master Recordings; * the exclusive right to import, export, sell, transfer, release, license, publicly perform, rent, and otherwise exploit or dispose of the Master Recordings; and * the exclusive right to edit, adapt or conform the Master Recordings to technological or commercial requirements in various formats now known or later developed. However, Company shall consult with Artist before making any such modification. In accordance with the rights granted by Artist to Company herein, Company intends to contract with a record … The parties agree as follows: Exclusive Recording Services. Commercial Release of Records. (Select one.) Artist shall provide written notice if Company fails to release the recording by the Guaranteed Release Date, and if, after 30 days from notification, the Company has not released the recording, Artist may terminate this agreement. No waiver by either party of any right shall be construed as a waiver of any other right. The contracts contained in the Record Label Package are used to get an independent record label set up and running. [ ] Company, in its discretion, may institute a search to determine whether there are any third party uses for such name. If this Agreement is terminated for a reason other than Company' failure to pay or accurately report Artist' Royalties, the termination shall not terminate the underlying license and copyrights granted to Company by Artist or Company' obligations to pay Royalties under this Agreement. [ ] In connection with the Master Recording delivered under the Option Terms, Company will pay Artist an Advance of ______. If Company licenses or commercially exploits the Videos, Company shall pay, after deducting all costs advanced for production, a Royalty of: ____ % of the net revenues from any license or sale of such Video. The contracts in the package contain most of the agreements a label will need to run all aspects of its business. (Check and fill in blanks if applicable.) . Subsequent Recording of Compositions. In the event of any dispute arising from or related to this Agreement, the prevailing party shall be entitled to attorney's fees. Artist grants to Company an irrevocable option to engage the exclusive services of any Leaving Member as a recording artist. [ ] Company shall release the Records within ______ months of delivery of the Master Recordings (the "Guaranteed Release Date"). Artist will deliver to Company technically satisfactory recordings containing not less than forty (40) minutes of playing time (the "Master Recording"). [ ] Artist assigns to Company all rights to the Master Recording in perpetuity. Territory. Artist grants to Company (check if applicable): [ ] one option [ ] two options [ ] three options [ ] four options [ ] ___ options. If late in any payment, Company shall pay interest from the due date until paid. Mechanical Royalties shall not be payable with respect to musical compositions of one minute or less in duration. "Advertising and promotional purposes" mean all uses for which Company receives no money in excess of incidental fees such as tape stock and duplication and shipping. Nothing contained in this Agreement shall be meant to establish either Company or Artist a partner, joint venturer or employee of the other party for any purpose. [ ] If any member of Artist ceases to perform as a member of the group ("Leaving Member"), Artist shall promptly give Company written notice. Whether you're a fledgling act, an experienced recording artist or a record label looking for both, a Recording Agreement ensures that music is the only noise y Make documents ... Non-Disclosure Agreement LLC Operating Agreement Independent Contractor Agreement Business Contract. All monies paid by Company to Artist other than royalties paid pursuant to this Agreement, shall be considered an advance against royalties ("Advances"). In the event that an option is exercised, the term shall continue for _____ months after the delivery of the previous Master Recording ("Option Term"). (Check and fill in blank if applicable.) The prevailing party shall have the right to collect from the other party its reasonable costs and attorney fees incurred in enforcing this agreement. Video. (Select one and fill in blanks.) ROYALTIES. Professional Name. (Check one and fill in appropriate blanks.) Company shall have the right to use and allow others to use each Video for advertising and promotional purposes with no payment to Artist. During Ownership Period, Artist grants to Company all right, title and interest in the sound recording copyright (as provided under the U.S. Company shall furnish to Artist a total of______ promotional Records at no charge. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses and reasonable attorney's fees and shall include a written determination of the arbitrators. Grant of Rights. Statements; Audit. (Select one and fill in appropriate blanks.) (Check if applicable.) All sums paid by Company as part of the Production Budget shall be considered as an Advance against royalties. Company shall release a commercial product embodying the material contained on the Master Recordings (the "Records"). Any such contract entered into between Company and any such record distribution company shall be subject to the terms of this Agreement.
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