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Film Score Composer Agreement

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Film Score Composer Agreement Powered By Docstoc
					This is an agreement between a composer and a production company regarding the
creation of a musical score for a film. This agreement contains both standard clauses
as well as opportunities for customization to ensure that the understandings of the
parties are properly set forth. Customizable clauses include the budget, the name that
will appear on the credits, writer royalties, album rights, and which state law will govern
the agreement. This agreement should be used by production companies that want to
hire a composer to create a musical score for a film.
                                  COMPOSER AGREEMENT

THIS COMPOSER AGREEMENT (the “Agreement”), made as of ___________ [Instruction:
Insert Date], by and between ___________ [Instruction: Insert Name of Production
Company], ___________ [Instruction: Insert Address] (the “Producer”) and ___________
[Instruction: Insert Name of Composer], ___________ [Instruction: Insert Address] (the
“Composer”).

WHEREAS, Producer desires to engage Composer to package, compose and perform the
musical score for the theatrical motion picture tentatively entitled “___________” [Instruction:
Insert Name of Picture] ("Picture")

WHEREAS, Composer desires to accept said engagement, subject to the terms and conditions
contained herein;

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1. Engagement. Producer hereby engages Producer to:

    A. Record, mix, conduct, perform, arrange, orchestrate, direct, produce and compose
(collectively "Package") the musical underscore for the Picture. Composer shall Package and
deliver an original music score written by Composer (consisting of and including themes,
background, bridge and cue music, overdubs); rearrange, conduct, orchestrate, copy and score
the Package, and such other materials as the Producer may require; and shall record, produce,
and mix all of the foregoing (all of the foregoing hereinafter referred to and included in the term
"Musical Score") suitable for use on the Picture. Composer shall Package the Musical Score in
accordance with such ideas and instructions as Producer shall supply, provided that Composer
and Producer shall mutually designate all creative elements in connection with the Musical
Score; it being expressly understood that in the event of a dispute between Producer and
Composer with respect to foregoing, Producer's decision shall be final.

    B. Producer contemplates that with the assistance of Composer, Producer will enter into a
soundtrack album arrangement with a record distributor. Producer will use reasonable efforts to
negotiate a soundtrack album deal which provides Producer with an advance that will permit
Producer to have additional songs written and/or recorded by substantial recording artists.
However, until and unless Producer is able to enter into a soundtrack album deal, if ever,
Composer acknowledges that Composer will package the entire Musical Score, Composer is not
responsible for the production or licensing of source music, Producer is responsible for such.
Composer shall package, on a non-exclusive basis during the period from the date hereof until
delivery, the underscore for the Picture including all costs incurred of the recording and delivery
of the master recording with specific exclusion of: (i) any and all re-use fees; (ii) rescoring (i,e.
re-recording required for creative reasons outside the control of the Composer after delivery of
the master) costs; (iii) vocalist and lyricist related expenses; (iv) music editor/music supervisor
fees/expenses; and (v) any travel related expenses including, but not limited to, airfare, ground
transportation, hotel, couriers, etc.
2. Term. Composer's non-exclusive services shall commence on the date hereof and shall
continue through the satisfactory completion of Composer's services as required by Producer
hereunder. Composer shall complete and deliver, in the form and format designated in writing
by Producer, the master (the "Master") of the Musical Score by or before ___________
[Instruction: Insert Date] (the "Delivery Date"). Composer acknowledges and agrees that time
is of the essence of this Agreement and that delivery of the Musical Score by the Delivery Date
is a material consideration for the execution of this Agreement. Composer will deliver clear and
legible copies of the originals of all musician and sessions agreements and any and all other
appropriate paperwork pertaining to the Musical Score within three (3) days after delivery of the
Musical Score.

3. Music Budget.

    A. As full and complete consideration for all of the undertakings and services of Composer,
the results and proceeds thereof, and all rights and materials granted herein, Producer agrees to
pay and furnish the total music budget of _______________ Dollars ($____) [Instruction:
Insert Amount] (the “Music Budget”). The Music Budget shall be payable to Composer as
follows:

     i.  _______________ Dollars ($____) [Instruction: Insert Amount] due and payable
upon commencement of services;

     ii. _______________ Dollars ($____) [Instruction: Insert Amount] due and payable
one (1) week before commencement of recording; and

     iii. _______________ Dollars ($____) [Instruction: Insert Amount] due and payable
upon the satisfactory completion by Composer of all services required by Producer including the
delivery of the final mixed master or upon signature of this Agreement, whichever last occurs.

   B. Notwithstanding the foregoing,

      i. No compensation shall accrue or become due or payable to Composer hereunder
during any period during which Composer is unable, fails or refuses to perform the services for
which Producer has herein contracted.

     ii. If Producer should pay any compensation or other amounts which, pursuant to any
provision of this Agr
				
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Description: This is an agreement between a composer and a production company regarding the creation of a musical score for a film. This agreement contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Customizable clauses include the budget, the name that will appear on the credits, writer royalties, album rights, and which state law will govern the agreement. This agreement should be used by production companies that want to hire a composer to create a musical score for a film.