Docstoc

Film Score Composer Agreement

Document Sample
Film Score Composer Agreement Powered By Docstoc
					This is an agreement between a composer and a producer 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 length of the musical score, the
due date of the score, the fee charged, and which state law will govern the agreement.
This agreement should be used by a film producer who wants to hire a composer to
create a musical score for a film.
                     FILM SCORE COMPOSER AGREEMENT

      THIS FILM SCORE COMPOSER AGREEMENT (the “Agreement”), made this
____ day of ___________, 2______,          (the "Effective Date") by and between
___________________ (the “Composer”) and _________________ (the “Producer”).


                                                     RECITALS



      A. The Composer is an independent contractor who writes, composes and scores musical
compositions;

       B. The Producer desires to obtain the Composer’s services to write, compose and score a
musical composition for the film to be entitled “________________” (the “Film”); and

       C. The Composer and the Producer wish to enter into this Agreement to provide for the
terms and conditions in which the Composer will write, compose and score the musical
composition for the Producer to use in the Film.

       NOW THEREFORE in consideration of the mutual promises and agreement contained
in this Agreement, and other good and valuable consideration, the parties hereto agree as
follows:

1.1      The Producer hereby retains the services of the Composer to write, compose and score
         the musical composition (the “Score”) for the Film and the Composer hereby agrees to
         write, compose and score the Score for the Producer to be used in the Film.

1.2      The Composer shall assume and be solely responsible for any and all costs to write and
         compose the Score for the Producer. Such costs shall include, but not be limited to, the
         production, recording and the hiring of musicians and singers to complete the Score.

1.3      The Composer acknowledges and agrees that the Score shall be under the direction of the
         Producer and is subject to the Producer’s final approval.

1.4      The Score shall consist of not less than _______ (___) minutes of music.

1.5      The Composer agrees that he/she shall commence the writing and composing of the
         Score upon the Producer furnishing the Composer one (1) final version of the Film. The
         Score will be delivered by the Composer to the Producer in a format to be designated by
         the Producer.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not               2
1.6      The Score shall be delivered to the Producer within _______ (____) [weeks/months] of
         the Producer furnishing the Composer with one (1) final version of the Film. The
         Composer agrees that he/she will make any and all revisions to the score as requested by
         the Producer until the final Score is approved by the Producer.

1.7      The Score Fee to be paid to the Composer by the Producer for the writing and composing
         of the Score shall be the sum of _____________ ($___________) Dollars (the “Score
         Fee”). The Score Fee shall include any and all costs associated with the writing and
         composing of the Score.

1.8      Any and all costs associated with the hiring of musicians and singers to perform certain
         parts of the Score shall be the responsibility of the Composer. Any and all costs
         associated with the recording of the Score, including but not limited to, recording studio
         time, editing and equipment required to write and compose the Score will be the sole
         responsibility of the Composer.

1.9      Upon execution of this Agreement, the Producer shall immediately pay to the Composer
         a Deposit in the amount of ________________ ($________) Dollars (the “Deposit”) by
         way of cash, check, bank draft or money order.

1.10     Upon the delivery of the completed Score to the Producer in a form that is satisfactory to
         the Producer, the Producer shall pay the sum of ___________ ($________) Dollars to the
         Composer, being the Score Fee less the Deposit. The balance of the Score Fee shall be
         paid to the Composer within ______ (___) days of the delivery of the completed Score to
         the Producer.

1.11     The Composer acknowledges and agrees that at all times the right, title and interest in and
         to the Score will belong to the Producer and that the Producer shall have the right to use
         the Score in any manner the Producer deems necessary for the Film, including the
         promotion of the Film. The Composer will transfer all of his/her copyright interest in the
         Score to the Producer upon completion of the Score.

1.12     By executing this Agreement, the Composer hereby grants to the Producer the non-
         exclusive right to use the Composer’s name and likeness in any and all media in
         connection with the Score.

1.13     The Producer agrees that the Composer shall be given credit for the writing and
         composing of the Score in the Film. Such credit shall be by way of screen credit in the
         main title of the Film or on any advertising material in the promotion of the Film.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 3
1.14     In the event that the Composer’s Score is included on a soundtrack recording from the
         Film, the Composer and the Producer shall enter into an agreement to negotiate in good
         faith for any royalties to be paid to the Composer from the soundtrack album.

         The Composer acknowledges that there will be no injunctive relief in the event there is an
         error in the credit given to the Composer. However, the Producer shall employ its best
         efforts to remedy such an error on a prospective basis.
1.15     The Composer acknowledges that he/she is a member of ________________. [delete if
         not applicable].

1.16     Any and all payment which are due and owing to the Composer or which may become
         due and owing shall be paid to the Composer at the following address:

         __________________________________
         __________________________________

1.17     The Composer hereby represents and warrants to the Producer as follows:

         (a) that the Score is or shall be an original work of the Composer and that no third party
             has any right, title or interest in the Score written and composed by the Composer;

         (b) that the Score is free and clear of any liens or encumbrances of any nature or kind;
             and

         (c) that the Composer has the full right and legal capacity to enter into this Agreement
             with the Composer and to fully perform each of the Composer’s obligations contained
             herein.

1.18     The Composer hereby agrees to indemnify and hold the Producer, its agents, employees,
         subsidiaries, successors and assigns, from and against any and all claims, losses,
         liabilities, damages, attorney’s fees arising out of or in connection with the breach of any
         of the representations and warranties made by the Composer.

1.19     Any notices given under this Agreement shall be in writing and shall be deemed given if
         delivered personally, by courier or by fax;



         (a)      To the Composer at the following address:




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                  4
                  Fax:

                  or such other address as the Composer may designate by notice to the Producer


                                                                    (b)   To the Producer at the following
                  address:




                  Fax:

                  or such other address as the Producer may designate by notice to the Composer


         A notice referred to above shall be deemed to have been given on the day on
         which it was delivered.

1.20     This Agreement shall enure to the benefit of and be binding upon the parties and
         their respective heirs, executors, administrators, successors and assigns.


1.21     This Agreement constitutes the entire agreement between the parties and except
         as herein stated. This Agreement may not be amended or modified in any
         respect except by written instrument signed by both parties.

1.22     This Agreement shall be interpreted in accordance with the laws of the State of
         _______________ applicable therein and as amended from time to time.


       IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as of
the day and year first written above.



                                               Composer

                                                                 (PRODUCER)
                                                                 Per:




                                                                 Name:
                                                                 Title:
                                                                 I have authority to bind the Company.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                            5

				
DOCUMENT INFO
Description: This is an agreement between a composer and a producer 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 length of the musical score, the due date of the score, the fee charged, and which state law will govern the agreement. This agreement should be used by a film producer who wants to hire a composer to create a musical score for a film.