Download Composer Agreement - Dancing Cat Productions

INDEPENDENT MUSIC CONTRACTOR AGREEMENT
ORIGINAL MUSIC LICENSING AGREEMENT
INDEPENDENT MUSIC CONTRACTOR AGREEMENT
ORIGINAL MUSIC LICENSING AGREEMENT
The following are the terms of the agreement executed and entered into as of the _____
day of ________, 20___, between NAME OF PRODUCTION COMPANY ("Producer"),
and NAME OF COMPOSER ("Composer") regarding Composer's services in the
furnishing of a complete and original musical score ("Work") for the motion picture
tentatively entitled " TITLE OF PRODUCTION" ("Picture").
1.
SERVICES:
a.
(NAME OF PRODUCTION COMPANY) hereby engages Composer as an
independent contractor:
(1)
To write, compose, arrange, orchestrate, prepare, record submit to NAME
OF PRODUCER, or Director or Producer music suitable for use as the complete
background score for the Picture;
(2)
To furnish the services of any persons necessary to compose, arrange,
orchestrate, prepare and record the Work;
(3)
To deliver a recording of the Work ("Recording") to NAME OF
PRODUCER, or Producer or Director, in a form suitable for recording, dubbing and
synchronizing in connection with the Picture;
b.
Composer agrees to render Composer's services for NAME OF
PRODUCER in accordance with the terms and provisions of this Agreement.
c.
The Work, unless Composer is instructed otherwise by NAME OF
PRODUCER or Director or Producer shall be delivered by DELIVERY DATE Composer
acknowledges that timely completion of Composer's services and delivery of the Work
are of the essence of this Agreement.
2.
COMPENSATION:
If Composer shall fully perform all material services, duties and obligations required of
Composer under this Agreement, Producer or Director shall pay Composer as full and
complete consideration for the rights granted and services performed by Composer the
sum of AMOUNT IN WORDS ($). Composer acknowledges that compensation payable
to Composer hereunder is "all in" (as such term is customarily understood in the film
composing area) and is inclusive of all obligations with respect to such persons whose
services may be furnished by Composer pursuant to Paragraph 1. a. of this Agreement,
including but not limited to compensation, fees, reuse fees, taxes, or payments to any
union or union health and welfare and pension funds, as well as any and all other costs
incurred in connection with the preparation, rehearsal, performance, and recording of the
Work.
3.
RIGHTS:
a.
Composer hereby grants to NAME OF PRODUCTION COMPANY, its
successors, licensees and assigns in perpetuity throughout the universe in all media now
known or which may be hereinafter devised the following rights:
(1)
The non-exclusive irrevocable right, license, privilege and authority to
record, produce and reproduce the Work and to authorize others to record, produce and
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INDEPENDENT MUSIC CONTRACTOR AGREEMENT
ORIGINAL MUSIC LICENSING AGREEMENT
reproduce the Work, in whole or in part, for use in synchronism or in time-relation with
the Picture; and
(2)
the non-exclusive irrevocable right and license to perform the Work
publicly and to authorize others to perform the Work publicly in performance and
exhibition of the Picture and in trailers, advertisements and other promotions of the
Picture or of NAME OF PRODUCTION COMPANY. Composer acknowledges that the
rights conveyed herein include but are not limited to the right to change recordings of the
Work or parts thereof and to combine recordings of the Work or parts thereof with works
of other artist free from any claim by Composer based on "droit moral" or artist's moral
rights.
b.
Composer hereby grants to NAME OF PRODUCTION COMPANY, its
successors, licensees and assigns in perpetuity throughout the universe in all media now
known or which may be hereinafter devised the non-exclusive irrevocable right to record,
dub and synchronize the Recording into and with the Picture and in trailers,
advertisements and other promotions of the Picture or of NAME OF PRODUCTION
COMPANY, and to perform, exhibit, distribute and otherwise exploit the Picture and
trailers, advertisements and other promotions of the Picture or of NAME OF
PRODUCTION COMPANY.
c.
All rights granted and agreed to be granted to NAME OF PRODUCTION
COMPANY under this Agreement shall be irrevocably vested in NAME OF
PRODUCTION COMPNAY. Composer's sole right as to any breach or alleged breach
hereof by NAME OF PRODUCTION COMPANY, including but not limited to breach of
any credit provisions as stated in Paragraph 5 below, shall be the recovery of money
damages. The rights granted by Composer herein shall in no event be subject to
termination or rescission.
d.
All rights not specifically granted herein are vested in Composer or Composer's
assigns. These rights include all rights of copyright in the Work or any part thereof and all
rights of licensing of performances of the Work or any part thereof except as set forth
above.
4.
WARRANTIES; INDEMNITY:
a.
Composer warrants and represents that Composer shall comply with instructions
or requests made by NAME OF PRODUCTION COMPANY, or Director or Producer, in
connection with the Work and Composer's services; Composer shall render Composer's
services and write and compose the Work conscientiously and to the best of Composer’s
ability and talent; Composer is free to enter this Agreement and has not done and shall
not do any act or make any grant of rights which would interfere with or impair
Composer's full performance of Composer's services and obligations and all rights
granted by Composer to NAME OF PRODUCTION COMPANY pursuant to this
Agreement; Work shall be wholly original with Composer, not copied from any other
musical, literary or other work and, therefore, shall not violate the rights of any person,
firm or corporation; for the term of this Agreement, Composer shall, at Composer's own
expense, be a member in good standing of any labor organization having jurisdiction over
Composer's services hereunder with which NAME OF PRODUCTION COMPANY may
have an agreement. Composer further warrants and represents that if Composer is a
member or becomes a member of any labor organization having jurisdiction over
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INDEPENDENT MUSIC CONTRACTOR AGREEMENT
ORIGINAL MUSIC LICENSING AGREEMENT
Composer's services hereunder with which NAME OF PRODUCTION COMPANY does
not have an agreement, Composer shall obtain from such labor organization and deliver
to NAME OF PRODUCTION COMPANY a written consent to Composer's services
under this Agreement.
b.
Composer shall indemnify and hold NAME OF PRODUCTION COMPANY, its
successors, licensees and assigns, as well as Director and Producer, harmless from all
claims, liabilities, damages, costs and legal fees reasonably incurred in connection
therewith arising from any breach by Composer of any warranty or agreement made by
Composer hereunder.
5.
CREDIT:
a.
Provided that substantially all of the Work is embodied in the Picture as released,
NAME OF PRODUCTION COMPANY will use its best efforts to accord Composer
credit on all positive release prints substantially as follows:
SCREEN CREDIT TYPE
b.
NAME OF PRODUCITON COMPANY shall have sole discretion over the size,
style and placement of such credit.
c.
No casual or inadvertent failure to accord Composer such credit on the part of
NAME OF PRODUCTION COMPANY; or its successors, licensees and assigns; or any
other third party shall constitute a breach of this Agreement. NAME OF PRODUCTION
COMAPNY will take reasonable steps to cure such failure on a prospective basis after
NAME OF PRODUCTION COMPANY receives notice from Composer of such failure.
6.
USE OF SERVICES OR WORK:
Neither NAME OF PRODUCTION COMPANY nor Producer nor Director have made
any warranties or representations about the manner in which the Work may be used, and
nothing herein requires that Composer's services or the Work be used in any manner
whatsoever. NAME OF PRODUCTION COMPANY shall not be obligated to pay any
monies to Composer with respect to the exploitation of the Picture, or to produce,
perform or exploit the Picture at all. If Composer delivers substantially all of the Work
and is not in material breach of this Agreement, payment of the compensation set forth in
Paragraph 2 will fully discharge NAME OF PRODUCTION COMPANY and Producer
and Director from any obligations hereunder.
7.
DISABILITY, FORCE MAJEURE, DEFAULT:
Rendition of services and payment of monies hereunder shall be automatically suspended
upon the commencement of any one of the following contingencies unless NAME OF
PRODUCTION COMPANY notifies Composer to the contrary in writing:
a.
"Disability": Interference with Composer's ability to perform fully hereunder by
reason of mental, physical or other disability, such as death, illness or incapacity;
b.
"Force Majeure":
Interruption of or interference with NAME OF
PRODUCTION COMPNY operations or the preparation, production or distribution of
the Picture by any cause or occurrence beyond the sole control of NAME OF
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INDEPENDENT MUSIC CONTRACTOR AGREEMENT
ORIGINAL MUSIC LICENSING AGREEMENT
PRODUCTION COMPANY, such as fire, war, governmental action, or any other
unexpected or disruptive event sufficient to excuse performance as a matter of law;
c.
"Default":
Composer's refusal to perform hereunder. Any statement by
Composer or agent of Composer of Composer's intention not to perform shall be deemed
a default, and any failure to confirm Composer's intention to comply with Composer's
obligations hereunder within twenty-four (24) hours after NAME OF PRODUCTION
COMPANY requests such confirmation shall be deemed a default, although the time for
performance under any particular obligation may not have arrived.
8.
FURTHER DOCUMENTS:
Composer agrees to execute, acknowledge, verify and deliver any further documents
pertaining to the Work or any of the results and proceeds of Composer's services
hereunder which NAME OF PRODUCTION COMPANY in its sole discretion may
request.
9.
MISCELLANEOUS:
a.
Paragraph headings are for guidance only and shall not be given any effect in
construing the contents of the respective paragraphs.
b.
This Agreement shall be governed by the laws of JURISDICTION applicable to
agreements executed and to be performed fully therein.
c.
This Agreement contains the entire understanding between the parties as to the
subject matter hereof, and all prior agreements as to such subject matter have been
merged herein. Composer acknowledges that Composer has not relied on any
representations not contained herein in executing this Agreement.
d.
This Agreement may not be altered in any way except by an instrument in writing
signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
NAME OF OFFICER
TITLE OF OFFICER
COMPOSER (Name Typed)
Social Security Number
#_____ - ____ - _______
Address and phone Number _____________________________
____________________________________________________
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