This is an agreement entered into between a copyright owner of a musical composition and a publisher for distribution rights of the composition. Under this agreement, the owner grants the publisher the exclusive right to print, sell and distribute the musical composition in exchange for a portion of any income the musical composition earns. Numerous standard provisions are contained in this agreement as well as opportunities for customization to address the specific needs of the parties. This document should be used by owners of a musical composition or publishing companies when entering into agreement to print, sell and distribute music.
This is an agreement entered into between a copyright owner of a musical composition and a publisher for distribution rights of the composition. Under this agreement, the owner grants the publisher the exclusive right to print, sell and distribute the musical composition in exchange for a portion of any income the musical composition earns. Numerous standard provisions are contained in this agreement as well as opportunities for customization to address the specific needs of the parties. This document should be used by owners of a musical composition or publishing companies when entering into agreement to print, sell and distribute music. AGREEMENT WITH MUSIC PUBLISHER FOR USE OF SONG THIS AGREEMENT (the “Agreement”), made the _____ day of ________, 2______, by and between __________________ (the “Owner”) and _______________ (the “Publisher”). WHEREAS the Publisher is desirous in obtaining the exclusive right from the Owner to print, sell and distribute a musical composition. AND WHEREAS the Owner is desirous to grant to the Publisher the exclusive right to print, sell and distribute the musical Composition on the terms and conditions contained herein. NOW THEREFORE the Owner and the Publisher hereby acknowledge and agree as follows: 1.00 EXCLUSIVE RIGHT 1.01 The Owner hereby grants to the Publisher the exclusive right, including but not limited to, to print, sell and distribute a musical composition entitled __________________ (the “Composition”) which was composed by ____________________ (the “Composer”). 1.02 The Owner hereby acknowledges and agrees that the grant of the exclusive right to the Publisher in respect of the musical Composition shall include the exclusive right to make any arrangement or adaptations of the musical Composition as the Publisher may deem fit for its purposes and has the right to sell the musical Composition on such terms and conditions as the Publisher in its sole discretion desires. 1.03 The Owner hereby acknowledges that the exclusive right granted herein to the Publisher shall not be limited in that the Publisher may sell, print and distributing the musical Composition throughout the world. 2.00 ROYALTIES 2.01 Notwithstanding the exclusive rights granted herein by the Owner to the Publisher, the Publisher hereby acknowledges and agrees that it shall pay to the Owner royalties (the “Royalties”) in the amount of ____________ (____) Dollars/Cents per copy sold of the musical Composition. 2.02 The Publisher shall pay to the Owner an amount no less than equal to _______ (___%) percent of the retail selling price of a copy of the musical Composition. 2.03 The Publisher hereby further agrees to pay to the Owner an amount equal to ______ (___%) percent of any monies received by the Publisher from any third party licenses. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 3.00 BOOKS AND RECORDS 3.01 The Publisher hereby agrees that it shall keep accurate and up-to-date records concerning the subject matter contained herein and hereby further agrees and acknowledges that the Owner shall have the right to examine such books and records of the Publisher by providing the Publisher ______ (___) days written notice of its intention to do so. The Publisher shall keep its books and records at its registered head office address. 4.00 COPYRIGHT 4.01 The Owner hereby agrees that it shall provide any and all information relating to copyrights in respect of the musical Composition and shall provide to the Publisher an original copy of the recorded musical Composition. 4.02 The Owner hereby represents and warrants to the Publisher that it has the full right, power and authority to enter into this Agreement with the Publisher and that no part of the musical Composition infringes on the right of any other party. 5.00 INDEMNIFICATION 5.01 The Owner hereby agrees to indemnify and hold the Publisher harmless from: (i) any and all losses, damages, costs or expenses, including reasonable attorney fees and costs, in respect of a breach of any representation or warranties contained herein. 5.02 The Publisher hereby agrees that it shall give the Owner prompt notice of any and all claims, actions or proceedings to which the indemnity contained herein relates and the Owner shall have the option to participate in the defense of any such claim, action or proceeding. The participation of the Owner in any such defense shall be done so at the Owner’s sole costs and expense. 6.00 TERM OF AGREEMENT 6.01 The term of this Agreement shall commence on the date of execution of this Agreement and shall continue for a period of _______ (___) months/years from the date hereof (the “Term”). 6.02 Upon the expiry of the Term in Article 6.01 hereof, the Owner and the Publisher shall have the option to renew the Term for a further period of _______ (___) months/years, unless this Agreement is terminated by either party. 7.00 TERMINATION 7.01 Either the Owner or the Publisher may terminate this Agreement by providing ______ (___) written notice of its intent to terminate this Agreement to the other party. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 7.02 The Owner hereby acknowledges and agrees that in the event this Agreement is terminated by either party, the Publisher shall have a non-exclusive right to sell, market and distribute and otherwise dispose of any remain copies of the musical Composition. 8.00 GENERAL PROVISIONS 8.01 The Publisher hereby agrees that it shall imprint the copyright notice provided by the Owner to the Publisher on each and every copy of the musical Composition to be printed, sold or distributed by the Publisher. 8.02 All notices shall be deemed received, if provided in writing and delivered to the other party, or mailed by certified or registered mail to the last known address of that party. 8.03 The division of this Agreement into articles, sections, subsections, paragraphs and subparagraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation hereof. 8.04 Each party to this Agreement are responsible for their own legal and audit fees and other charges incurred in connection with the preparation of this Agreement and all negotiations between the parties. 8.05 Each of the parties hereto shall from time to time at the other party’s request and expense and without further consideration, execute and deliver such other instruments of transfer, conveyance, and assignments and take such further action as to the other may require to more effectively complete any matter provided for herein. 8.06 This Agreement constitutes the entire Agreement between the parties and, except as herein stated and in the instruments and documents to be executed and delivered pursuant hereto, contains all of the representations and warranties of the respective parties. There are no oral representations or warranties between the parties of any kind. This Agreement may not be amended or modified in any respect except by written instrument signed by both parties. 8.07 Each party hereto agrees that all provisions of this Agreement shall survive the execution and delivery of this Agreement in accordance with the terms of this Agreement or the document delivered, as the case may be. 8.08 This Agreement shall be interpreted in accordance with the laws of the Province/State of ________________ and shall be treated in all respects as a ______________ contract. 8.09 This Agreement enures to the benefit of and is binding upon the parties hereto and their respective successors and assigns. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above written. (OWNER) Per: Name: Title: I have authority to bind the Company. (PUBLISHER) Per: Name: Title: I have authority to bind the Company. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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