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Als alles goed gaat heb ik binnekort mijn eerste releases. Alleen wil ik dit pas geloven nadat ik zeker weet dat het contract geen snode kleine lettertjes bevat.
Het gaat om 3 Progressive House tracks zonder vocals, Het enige dat ik nog moet doen is het contract tekenen maar het probleem is dus dat ik niet volledig begrijp wat er staat.
Sorry voor de wall of text maar moest iemand mij kunnen helpen zou ik jullie echt eeuwig dankbaar zijn!
(XXXX = Persoonlijke informatie)
1
RECORDING AGREEMENT
Agreement (the “Agreement”) made this 25th day of January 2011 by and
between Tunch Tunch Ltd. d/b/a Kult Records ("Company") at 78 West 36 Street,
New York City, New York 10018, on the one hand, and XXXXX (“Artist”) at
doing business at XXX XXX XXX Europe, on the other
hand. In consideration of the mutual promises herein contained, and for other good
and valuable consideration, receipt of which is hereby acknowledged, the parties
agree as follows:
1. (a) Artist grants to Company the certain rights to the composition
and the master recording written and performed by Artist entitled, “XXXXXX” by
XXXXXX (Which includes the songs entitled “XXXXXXX” “XXXXXXX” and
” XXXXXX“ ) (the “Master Recording” and/or the “Composition”).
(b) Artist agrees that Company shall be given the option to acquire
two (2) additional Master Recording by Artist (the “Option”) and Company shall have
thirty (30) days from receipt of such Master Recording from Artist to notify Artist of
Company’s decision to acquire such Master Recording. Company shall acquire
such Master Recordings under the same terms and conditions as this Agreement.
The term of this Agreement shall include the delivery of the Master Recording to
Company and, if exercised by Company, the delivery of the Option to Company (the
“Term”).
2. The territory shall be for the world (the “Territory”).
(a) Artist shall not perform the Composition recorded hereunder for the purpose
of making records for anyone other than Company for distribution in the Territory: (i)
for a period of five (5) years after the initial date of the release of the respective
record containing such selection or (ii) for a period of two (2) years after the
termination of this Agreement, whichever is the later (The “Re-recording
Restriction”).
4. Artist grants to Company the non-exclusive right to use Artist’s name
and likeness for all promotional and commercial exploitation exclusively of the
Master Recording and any Option recording hereunder that is commercially released
by Company and Company may assign such usage rights to any distributors,
affiliates or licensees.
5. Credits for the Master Recording shall be listed as follows: Produced
by XXXXXX. Songwriting credits to the Composition shall be: “written by
XXXXXXX”. No inadvertent failure by Company or any of Company’s
distributors, affiliates or licensees to provide such credit shall be considered a
breach of this Agreement.
6. (a) Company shall pay the recording costs of an approved
recording budget (the “Budget”) approved by Company. Company hereby
acknowledges the approval of the Budget, attached hereto and incorporated by
reference. The Budget shall be paid promptly following the technically and
2
commercially satisfactory delivery (the “Delivery”) to Company, in Company’s sole
professional judgment, of the Master Recording to be suitable for the manufacture of
recordings.
(b) Artist shall Deliver or arrange to have Delivered to Company
various mixes of the Master Recording including: an acapella ‘dry’ mix; an acapella
with fx’s mix; an instrumental or alternative mix; a main mix; and a so-called “DJ tool”
in an audio format.
7. (a) Provided that Artist is not in breach of the Agreement and
subject to Artist’s compliance with the obligations hereunder, Company shall account
to and pay Artist a royalty for all sales paid to Company and all third party licenses
paid to Company for the Master Recording. Such royalty shall be based upon one
hundred percent (100%) of the net income actually received by Company in the
United States in connection with the sales and/or license of the Master Recording
and Composition, in an amount equal to fifty percent (50%) of such net income (the
“Royalty”). Notwithstanding anything to the contrary, such Royalty shall be inclusive
of all publishing royalty payments that may become due to Artist for the use of the
Composition as calculated in paragraph 10 below.
(b) For all sales and/or third party license advances of the Master
Recording together with other recordings 9whether or not owned or controlled by
Company), Company shall account and pay to Artist the Royalty multiplied by a
fraction; the numerator of which shall be one(1) and the denominator of which shall
be the total number of recordings, including the Master Recording.
(c) All approved recording costs (including all advances and
remixers fees), marketing and promotional costs in connection with the sale of the
Master Recording shall be recoupable against all Royalties and advances that may
become due Artist hereunder.
(d) In connection with the computation of Royalties for the sales of
the Master Recording and Composition, Company shall have the right to retain a
reasonable reserve against subsequent charges, credits or returns as shall be
reasonably appropriate in Company’s best business judgment in connection with
physical product (e.g., non-digital such as CD’s, DVD’s and vinyl releases).
8. (a) Company has the sole, exclusive and irrevocable right to
distribute, sell and otherwise exploit, advertise, publicize, and deal in sound
recordings and other derivatives of the Master Recording, including any audio-visual
formats or medium now known or hereinafter invented or developed, throughout the
Territory and in perpetuity. Company may, in Company’s own discretion, use or
exploit the Master Recording in any manner, or may refrain from doing so, whether
or not generally or specifically mentioned herein. Company may assign its rights
under this Agreement, in whole or in part, to any other party, provided that such
assignment shall not relieve Company of its obligations to pay Artist the Royalties
under this Agreement.
3
(b) Company may perform the Master Recording publicly and may
permit the public performance thereof by means of radio broadcast, television or by
any method or technology now or hereafter known.
9. Company may use and allow others to use the approved name,
approved photograph and likeness and/or any biographical material of Artist
approved by Artist and in connection with the Master Recording, for advertising and
purpose of trade, and otherwise, without restriction, in connection with the
distribution, sale and exploitation of recordings and other derivatives made from the
Master Recording. Upon the request of Company, Artist shall furnish written proof of
its authority to grant the rights granted herein.
10. Artist hereby represents that Artist is the co-writer of the Composition
underlying the Master Recording and owns one hundred percent (100%) of the socalled
“writer’s share” and owns one hundred percent (100%) of the so-called
“publishing share” of the Composition.
(a) For other good and kind consideration, the receipt of which is
hereby acknowledged, Artist does hereby sell, assign, transfer and set over to
Company’s publishing affiliate a full fifty percent (50%) interest in and to all of Artist’s
rights, title and interest in the Composition including, without limitation, Artist’s
copyright and all extensions and renewals thereof.
(b) Artist further grants the sole administrative rights to Company’s
applicable publishing affiliate. Company’s publishing affiliate, Tunch Tunch Music
(ASCAP) or Kultivated Music (BMI), as applicable, shall be the sole publishing
administrator of the Composition in perpetuity and shall be entitled to an
administrative charge equal to ten percent (10%) of all gross publishing income,
deducted from all gross income as calculated in this paragraph 10.
(c) Company agrees to pay Artist a mechanical royalty equal to
seventy five percent (75%) of the minimum statutory publishing rate effective as of
the date of the initial commercial release of the Master Recording hereunder,
regardless of playing time and for no more than two (2) mixes per single release.
(d) Company agrees to either account to (with respect to Artist’s
recoupment position) and/or pay Artist fifty percent (50%) of the net income received
by Company for any synchronization license of the Composition.
11. Statements of royalties payable to Artist, and payments if any, shall be
sent by Company semiannually within ninety (90) days after the end of each
semiannual calendar period except Company shall not be responsible to account to
Artist for any period whereby the Royalty due Artist is less than Fifty Dollars ($50).
Any royalty statements rendered by Company shall be binding upon Artist and not
subject to any objection for any reason, unless specific objection in writing, setting
forth the basis thereof, is given by Artist to Company within one (1) year from the
date rendered. A certified public accountant, hired by Artist and not then currently
involved with any other audit of Company’s books, may examine the books of
Company pertaining to the Master Recording upon a thirty (30) day written notice,
4
but no more than once per year, and only during the one (1) year period following
receipt by Artist of the statement rendered.
12. Artist indemnifies and holds Company harmless from any and all
claims, suits, liability, loss, damage, and reasonable legal fees and expenses in
connection therewith, arising out of any adverse claim of any representation or
warranty made by Artist. Pending final judgment or settlement of such adverse
claim, Company may withhold all Royalties otherwise due to Artist until a settlement
or judgment of the claim.
13. Notices to either Company or Artist shall be sent by registered or
certified mail, return receipt by receiving party to the addresses first listed above.
Royalty statements and payments may be sent by first class mail.
14. This Agreement sets forth the entire understanding between the
parties effective as of the date first listed above and may not be modified or
amended except by an instrument in writing signed by both parties hereto.
15. This Agreement shall be subject to the laws of the State of New York.
All claims or disputes which may arise out of this Agreement shall be submitted
exclusively to the jurisdiction of the state or federal courts located in New York City,
New York.
Wat denken jullie ervan? Looks legit?
Als alles goed gaat heb ik binnekort mijn eerste releases. Alleen wil ik dit pas geloven nadat ik zeker weet dat het contract geen snode kleine lettertjes bevat.
Het gaat om 3 Progressive House tracks zonder vocals, Het enige dat ik nog moet doen is het contract tekenen maar het probleem is dus dat ik niet volledig begrijp wat er staat.
Sorry voor de wall of text maar moest iemand mij kunnen helpen zou ik jullie echt eeuwig dankbaar zijn!
(XXXX = Persoonlijke informatie)
1
RECORDING AGREEMENT
Agreement (the “Agreement”) made this 25th day of January 2011 by and
between Tunch Tunch Ltd. d/b/a Kult Records ("Company") at 78 West 36 Street,
New York City, New York 10018, on the one hand, and XXXXX (“Artist”) at
doing business at XXX XXX XXX Europe, on the other
hand. In consideration of the mutual promises herein contained, and for other good
and valuable consideration, receipt of which is hereby acknowledged, the parties
agree as follows:
1. (a) Artist grants to Company the certain rights to the composition
and the master recording written and performed by Artist entitled, “XXXXXX” by
XXXXXX (Which includes the songs entitled “XXXXXXX” “XXXXXXX” and
” XXXXXX“ ) (the “Master Recording” and/or the “Composition”).
(b) Artist agrees that Company shall be given the option to acquire
two (2) additional Master Recording by Artist (the “Option”) and Company shall have
thirty (30) days from receipt of such Master Recording from Artist to notify Artist of
Company’s decision to acquire such Master Recording. Company shall acquire
such Master Recordings under the same terms and conditions as this Agreement.
The term of this Agreement shall include the delivery of the Master Recording to
Company and, if exercised by Company, the delivery of the Option to Company (the
“Term”).
2. The territory shall be for the world (the “Territory”).
(a) Artist shall not perform the Composition recorded hereunder for the purpose
of making records for anyone other than Company for distribution in the Territory: (i)
for a period of five (5) years after the initial date of the release of the respective
record containing such selection or (ii) for a period of two (2) years after the
termination of this Agreement, whichever is the later (The “Re-recording
Restriction”).
4. Artist grants to Company the non-exclusive right to use Artist’s name
and likeness for all promotional and commercial exploitation exclusively of the
Master Recording and any Option recording hereunder that is commercially released
by Company and Company may assign such usage rights to any distributors,
affiliates or licensees.
5. Credits for the Master Recording shall be listed as follows: Produced
by XXXXXX. Songwriting credits to the Composition shall be: “written by
XXXXXXX”. No inadvertent failure by Company or any of Company’s
distributors, affiliates or licensees to provide such credit shall be considered a
breach of this Agreement.
6. (a) Company shall pay the recording costs of an approved
recording budget (the “Budget”) approved by Company. Company hereby
acknowledges the approval of the Budget, attached hereto and incorporated by
reference. The Budget shall be paid promptly following the technically and
2
commercially satisfactory delivery (the “Delivery”) to Company, in Company’s sole
professional judgment, of the Master Recording to be suitable for the manufacture of
recordings.
(b) Artist shall Deliver or arrange to have Delivered to Company
various mixes of the Master Recording including: an acapella ‘dry’ mix; an acapella
with fx’s mix; an instrumental or alternative mix; a main mix; and a so-called “DJ tool”
in an audio format.
7. (a) Provided that Artist is not in breach of the Agreement and
subject to Artist’s compliance with the obligations hereunder, Company shall account
to and pay Artist a royalty for all sales paid to Company and all third party licenses
paid to Company for the Master Recording. Such royalty shall be based upon one
hundred percent (100%) of the net income actually received by Company in the
United States in connection with the sales and/or license of the Master Recording
and Composition, in an amount equal to fifty percent (50%) of such net income (the
“Royalty”). Notwithstanding anything to the contrary, such Royalty shall be inclusive
of all publishing royalty payments that may become due to Artist for the use of the
Composition as calculated in paragraph 10 below.
(b) For all sales and/or third party license advances of the Master
Recording together with other recordings 9whether or not owned or controlled by
Company), Company shall account and pay to Artist the Royalty multiplied by a
fraction; the numerator of which shall be one(1) and the denominator of which shall
be the total number of recordings, including the Master Recording.
(c) All approved recording costs (including all advances and
remixers fees), marketing and promotional costs in connection with the sale of the
Master Recording shall be recoupable against all Royalties and advances that may
become due Artist hereunder.
(d) In connection with the computation of Royalties for the sales of
the Master Recording and Composition, Company shall have the right to retain a
reasonable reserve against subsequent charges, credits or returns as shall be
reasonably appropriate in Company’s best business judgment in connection with
physical product (e.g., non-digital such as CD’s, DVD’s and vinyl releases).
8. (a) Company has the sole, exclusive and irrevocable right to
distribute, sell and otherwise exploit, advertise, publicize, and deal in sound
recordings and other derivatives of the Master Recording, including any audio-visual
formats or medium now known or hereinafter invented or developed, throughout the
Territory and in perpetuity. Company may, in Company’s own discretion, use or
exploit the Master Recording in any manner, or may refrain from doing so, whether
or not generally or specifically mentioned herein. Company may assign its rights
under this Agreement, in whole or in part, to any other party, provided that such
assignment shall not relieve Company of its obligations to pay Artist the Royalties
under this Agreement.
3
(b) Company may perform the Master Recording publicly and may
permit the public performance thereof by means of radio broadcast, television or by
any method or technology now or hereafter known.
9. Company may use and allow others to use the approved name,
approved photograph and likeness and/or any biographical material of Artist
approved by Artist and in connection with the Master Recording, for advertising and
purpose of trade, and otherwise, without restriction, in connection with the
distribution, sale and exploitation of recordings and other derivatives made from the
Master Recording. Upon the request of Company, Artist shall furnish written proof of
its authority to grant the rights granted herein.
10. Artist hereby represents that Artist is the co-writer of the Composition
underlying the Master Recording and owns one hundred percent (100%) of the socalled
“writer’s share” and owns one hundred percent (100%) of the so-called
“publishing share” of the Composition.
(a) For other good and kind consideration, the receipt of which is
hereby acknowledged, Artist does hereby sell, assign, transfer and set over to
Company’s publishing affiliate a full fifty percent (50%) interest in and to all of Artist’s
rights, title and interest in the Composition including, without limitation, Artist’s
copyright and all extensions and renewals thereof.
(b) Artist further grants the sole administrative rights to Company’s
applicable publishing affiliate. Company’s publishing affiliate, Tunch Tunch Music
(ASCAP) or Kultivated Music (BMI), as applicable, shall be the sole publishing
administrator of the Composition in perpetuity and shall be entitled to an
administrative charge equal to ten percent (10%) of all gross publishing income,
deducted from all gross income as calculated in this paragraph 10.
(c) Company agrees to pay Artist a mechanical royalty equal to
seventy five percent (75%) of the minimum statutory publishing rate effective as of
the date of the initial commercial release of the Master Recording hereunder,
regardless of playing time and for no more than two (2) mixes per single release.
(d) Company agrees to either account to (with respect to Artist’s
recoupment position) and/or pay Artist fifty percent (50%) of the net income received
by Company for any synchronization license of the Composition.
11. Statements of royalties payable to Artist, and payments if any, shall be
sent by Company semiannually within ninety (90) days after the end of each
semiannual calendar period except Company shall not be responsible to account to
Artist for any period whereby the Royalty due Artist is less than Fifty Dollars ($50).
Any royalty statements rendered by Company shall be binding upon Artist and not
subject to any objection for any reason, unless specific objection in writing, setting
forth the basis thereof, is given by Artist to Company within one (1) year from the
date rendered. A certified public accountant, hired by Artist and not then currently
involved with any other audit of Company’s books, may examine the books of
Company pertaining to the Master Recording upon a thirty (30) day written notice,
4
but no more than once per year, and only during the one (1) year period following
receipt by Artist of the statement rendered.
12. Artist indemnifies and holds Company harmless from any and all
claims, suits, liability, loss, damage, and reasonable legal fees and expenses in
connection therewith, arising out of any adverse claim of any representation or
warranty made by Artist. Pending final judgment or settlement of such adverse
claim, Company may withhold all Royalties otherwise due to Artist until a settlement
or judgment of the claim.
13. Notices to either Company or Artist shall be sent by registered or
certified mail, return receipt by receiving party to the addresses first listed above.
Royalty statements and payments may be sent by first class mail.
14. This Agreement sets forth the entire understanding between the
parties effective as of the date first listed above and may not be modified or
amended except by an instrument in writing signed by both parties hereto.
15. This Agreement shall be subject to the laws of the State of New York.
All claims or disputes which may arise out of this Agreement shall be submitted
exclusively to the jurisdiction of the state or federal courts located in New York City,
New York.
Wat denken jullie ervan? Looks legit?
