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TERMS AND CONDITIONS

Every agreement between Annie Brunson and Director/Producer will be negotiated separately.

 

However, this is a sample Licensing Agreement

Thanks for the opportunity to work with you on {Your Project}. The following will outline the agreement between {Producer}and Annie Brunson (Composer) in conjunction with the motion picture currently entitled {Your Project}.

Services: Producer hereby engages Composer as an independent contractor to write, compose, arrange, produce, record, complete and deliver the underscore for the Motion picture {Your Project}.
Producer agrees to pay for all production costs incurred in the recording of solo instruments in the score - not to exceed $______________. Producer reserves the exclusive right to choose, negotiate, and approve any and all costs incurred in the solo instrument recording of the score. Composer agrees to conduct and supervise at all music recording sessions.

Disposition of Music: Producer reserves the right not to accept, use, or promote in any way the underscore provided by the composer. Producer reserves the right to request and Composer agrees to make such changes as Producer deems appropriate in the underscore prior to delivery.

Delivery: Producer to specify format and any other technical details for final music mix delivery.

Services are to be commenced on the "spotting date” of the picture and completed within ___________ consecutive weeks from that date.

Composer will prepare synthesizer demos of principal cues and themes for review by Producer at a rate of at least _________ completed minutes per __________days.

Composer agrees to deliver final music mix recordings no later than ___________days after final approval of synthesizer demos.

Compensation: Producer agrees to compensation as follows:

$_____ per finished minute. To be paid as follows:
$________ per finished minute to be paid upon completion of the approved synthesizer underscore.
$________ per finished minute to be paid upon completion of the mixed final version of the score.
The remaining $_________ per finished minute to be paid upon distribution or ________________ - whichever comes first. The synchronization license will be provided once the final payment is made to composer.

Screen Credit: Credit to read:
Music composed by Annie Brunson

Music Publishing and Performing Rights Royalties: The music publishing company designated for the Score will be Janet A Brunson (ASCAP Member 1663365). Janet A Brunson will own 100% of all worldwide music publishing rights for underscore for {YOUR PROJECT} as described herein. Producer agrees to specify Janet A Brunson as 100% writer and Janet A Brunson as 100% publisher for all music composed by Annie Brunson on performing rights cue sheets. Producer agrees to prepare accurate performing rights cue sheets and file with ASCAP and provide a copy to the Composer/Janet A Brunson no later than 30 days after the distribution of the film. Producer agrees that all music provided by Composer that is rejected or not used in the final version of {Your Project} shall remain the property of and 100% owned by composer.

Ownership of Sound Recordings: The owner of the final sound recordings for all music used in the Film will be Janet A Brunson. Janet A Brunson will own 100% of all worldwide master rights to all music written by Annie Brunson used in the Film.

Rights of Producer: Composer acknowledges and agrees that Producer shall be deemed the author of the Score and shall own, and to the extent necessary to accomplish such ownership by Producer, Composer hereby sells, grants, assigns, and transfers to Producer, irrevocably, absolutely and throughout the entire universe, all rights of every kind, nature, and description in and to the Score, the results of Composer’s services hereunder and the results of the services of all third parties rendering services in connection with the Score, together with all rights of every kind, nature and description in and to the title, words, music and performance of the Score and all copyrights therein and extensions and renewals of copyrights therein and all rights existing under all agreements and licenses relating thereto.

Other Royalties: Producer agrees to pay to Composer, and Composer agrees to accept, the following royalties with respect to the Score:

Composer shall be entitled to receive 100% of the "Writers Share" and 100% of the “Publishers Share” of monies due from the universal public performance of the Score as such sums may be paid by ASCAP.

Originality and Copyright Considerations: Composer certifies that Composer will write, compose, perform, produce, record and deliver the musical work described herein (underscore to {YOUR PROJECT}) as an independent contractor engaged by Producer.

Composer certifies that the Score is wholly original with Composer, except to the extent that it is based on or uses material in the public domain or material furnished to Composer by Producer – specifically the blues song featured in the movie - and that Producer is the author at law thereof and owns all right, title, and interest in and to the Score and the results of Composer’s services rendered in connection therewith (all of which shall be considered as a "work-made-for-hire," specially commissioned by Producer as part of an audiovisual work), including without limitation all copyrights and renewals and extensions of copyrights therein.

Synchronization and Master Licenses: Composer shall grant Producer and its successors, assigns, and licenses the irrevocable right, privilege and authority to record, copy, sell, distribute, and perform the underscore subject to the terms of the Synchronization and Master License.

Warranty and Certificate of Authorship: Composer represents and warrants to Producer that (i) Composer has full right and legal capacity to execute and fully perform this Agreement and to make the grants, assignments and waivers contained init, (ii) that Composer warrants and confirms that she is the sole writer of the original {Your Project} underscore delivered to Producer for use in the film and that said underscore is not copied from or based on, in whole or in part, any other work; (iii) to the best of Composer’s knowledge as far as Composer knows or should have known in the exercise of due diligence and prudence, nothing in the {Your Project} underscore does or will infringe on any property right (copyright, trademark, patent right, right to ideas and the like) or personal right (defamation, false light, moral right and the like) of any person or legal entity; and (iv) there is no pending or threatened claim, litigation, arbitration, action or proceeding with respect to the {Your Project} underscore. Composer will indemnify and hold harmless Producer, its affiliated companies, successors and assigns, and their respective directors, employees and agents, from and against any claim, loss, liability, damages or judgments, including reasonable outside attorney’s fees, arising from any breach of the above representations and warranties.

This agreement will inure to the benefit of Producer’s successors, assigns, lessees, and licensees. Composer will execute, acknowledge and deliver such additional instruments as necessary to confirm the intent of this Agreement.

This instrument is the entire Agreement between the parties and cannot be modified except by a written instrument signed by the Composer and an authorized officer of the Producer.

This Agreement shall be governed by and construed under and in accordance with the laws of the State of Alabama applicable to agreements wholly performed therein.

Agreed to and accepted by the following parties on this _________ day of ________________

 

 

 

 

 



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