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THIS AGREEMENT sets out the terms agreed on between the following parties on the date of sign-up:
MAORI MUSIC (“the Publisher”)
and
THE ARTIST [name(s) and address(es) as shown on previous details] (“the Artist”)
WHEREAS
the Artist is a composer, arranger and performer of music and/or author, arranger and performer of lyrics of musical compositions; the Publisher is engaged in the music business and wishes to act as a rights administrator and collection agent for the Artist and his musical compositions until the Artist no longer requires the services of the Publisher.
IT IS HEREBY AGREED as follows:-
ARTIST WARRANTIES
The Artist warrants that he is the creator and/or owner of all copyrights submitted to the Publisher (“the Compositions”), that the composition contains no uncleared samples of copyrighted material and that he has full power to enter into this Agreement and that this Agreement does not infringe the rights of any third party.
The Artist warrants that to the best of his knowledge he will provide to the Publisher the Compositions that he has written, or co-written, as and when he writes them. In the case of co-written Compositions the Artist will provide the Publisher with the correct share that he controls.
The Artist warrants that to the best of his knowledge he will provide to the Publisher details of the performances of the Compositions that he knows about including but not limited to live, radio and TV performances.
PUBLISHER’S OBLIGATIONS
The Publisher shall to the best of its ability ensure the collection promptly and in full of all earnings in respect of the Compositions and to maximise the income due to the Artist from the exploitation of the Compositions.
The Publisher shall ensure that the Compositions are notified to all relevant royalty collecting and licensing societies in the UK; and will exploit the Compositions by such means as requested by the Artist including but not limited to synchronisation uses.
PERFORMANCE INCOME
Monies, fees and royalties arising out of the administration of the rights vested in the Performing Right Society Limited (“PRS”) and its affiliated societies for collection of performance in respect of the Compositions (including without limitation those monies arising from the performance or broadcasting of the Compositions) are referred to in this Agreement as "Performance Income" and are collected by the PRS and paid direct to its members in accordance with the rules laid down by that Society.
The Publisher shall account to the Artist sums equal to the full Performance Income distributed by the PRS and received by the Publisher from the PRS after a deduction of a 20% administration fee (“the Fee”).
SYNCHRONISATION
The Publisher has the right to push the Compositions to production companies, music supervisors and the like for use by means of synchronisation with any cinematograph film, television film or production, video cassette or digital disc and with any commercial or advertisement.
Fees arising from synchronisation uses are referred to in this Agreement as "Synchronisation Income" and are collected by the Publisher in full. The Publisher shall account to the Artist sums equal to the full Synchronisation Income received from the licensee after a deduction of a 25% administration fee ("the Sync Fee").
If you're particularly interested in this aspect, we're interested in all styles of music - especially instrumentals, please post us a CD copy of your songs and email a .TXT version of your lyrics (where appropriate) as these can be critical to placement within any project.
DURATION OF RIGHTS
The Compositions shall be administered by the Publisher until the Artist gives the Publisher written notice that he no longer requires the services of the Publisher. This written notice must be signed by the Artist and be posted to the Publisher by Royal Mail.
The exception to this is if the Artist has requested one of the available Advance Incentives, in which case a minimum period of contracture of 12 months from approval of the Advance Incentive request shall apply.
In the event that the Publisher receives Performance Income beyond the immediate distribution date after the agreement has expired then it must pay the sum equal to that distributed by the PRS to the Artist without taking a commission.
ACCOUNTING PROVISIONS
The Publisher shall account to the Artist quarter-yearly in the form of an itemised royalty statement within thirty (30) days of 15th April, 15th July, 15th October and 15th December in each year for all sums received to the Artists account with the Publisher. The Publisher will forward any payment due to the Artist with such statement. The Artist will not receive a payment when no royalties have been collected or if they do not exceed £5-00, in which case all due royalties will be held over until they achieve this minimum amount or will be paid out (irrespective of value) in the December distribution. Wherever possible, payment will be made by either PayPal or Internet Bank Transfer.
In the event of any dispute as to the sums due to the Artist pursuant to any quarter-yearly accounting, the Artist may appoint a chartered accountant to examine the books and records of the Publisher no more than once in any calendar year. The Artist shall give notice in writing of intent to audit within thirty (30) days of said notice. The Publisher will co-operate with any such accountant conducting such audit and make available copy documentation as may be reasonably required. In the event of any such audit where the auditor is not engaged on a contingency or conditional fee or other speculative basis correctly revealing an under payment in excess of ten per cent (10%) of the monies due to the Artist or five thousand pounds (£5,000) (whichever is greater), the Publisher will pay the Artist’s reasonable costs of audit (not to include travel accommodation or subsistence costs) together with the outstanding sum and interest thereon at one per cent (1%) above the Publisher’s bankers’ published base rate from time to time calculated from the date of due payment to the date of actual payment thereof.
ADVANCE INCENTIVE SCHEME/S
Additional Terms & Conditions pertaining to our ADVANCE INCENTIVE SCHEME/S can be seen HERE .
MISC/LEGAL
All notices or payments which either party shall deliver to the other shall be sent by pre-paid letter post using the address provided on the Agreement or scanned and sent by electronic mail to the notified e-mail address. All such notices shall be deemed served at the date three (3) days after the date of said mailing or upon actual receipt by the addressee whichever is earlier.
Nothing in this agreement shall be construed so as to imply a partnership between the parties.
This agreement contains all of the terms agreed between the parties on sign up.
A person who is not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
The Clause headings do not form part of and shall not be read into the construction of the agreement.
This agreement shall be governed and construed in accordance with English Law and the English Courts shall be the Courts of sole jurisdiction.
Changes to these Terms and Conditions
2010 CONFIDENTIAL Records (UK) Ltd : Bus. Reg. No.: 6820545
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