here is something to use
DANCE REMIX RECORDING CONTRACT (FLAT FEE)
This AGREEMENT (hereinafter referred to as the “Agreement") is made effective this _____ day of _______________, 200__ by and between ____________________, located at ________________________________________ (hereinafter referred to as the “Remixer") and ____________________, located at ________________________________________ (hereinafter referred to as the “Company").
WITNESSETH:
In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:
1. Work-For-Hire. Whereas the Remixer, an employee for hire of the Company, has at its request and under its direction, made the following musical contributions:
Dance remix for the Master recording: _____SONG TITLE_____ by _____ARTIST_____
2. Ownership of Masters. All Masters recorded by Remixer hereunder, from the inception of the recording thereof and all reproductions derived therefrom, together with the performances embodied thereon, shall be the property of Company for the world free from any claims whatsoever by the Remixer or any person deriving any rights or interest from the Remixer. The Masters (referring only to the sound recordings as opposed to the underlying musical works) shall be considered a “work made for hire” for Company.
A. Without limiting the generality of the foregoing, Company and its designee(s) shall have the exclusive, perpetual, and unlimited right to all the results and proceeds of the uninhibited exploitation of the Masters throughout the Universe (the “Territory"), including, but not limited to
the Masters to third parties for use on a flat-fee and/or royalty basis.
(i) The right to manufacture, advertise, sell, lease, license, distribute or otherwise use or dispose of, in any or all fields of use by any method now or hereafter known, records embodying the Masters delivered hereunder, upon such terms and conditions as Company may elect, or at its discretion to refrain therefrom;
(ii) The right to use, reproduce, print, publish or disseminate in any medium, and to permit others to do the same, Remixer’s name (including any professional name now or hereafter adopted by Remixer), photos, likeness, and biographical material concerning Remixer in all connections which relate in any manner to the Masters or Company, including, without limitation, in the marketing, sale or other exploitation of records, and as news or other information, in connection with Company’s business;
(iii) The right to perform the records publicly and to permit public performances thereof by means of radio broadcast, television or any other method now or hereafter known, and to synchronize such performances with visual images.
(iv) The right to license the Masters to third parties for use on a flat-fee and/or royalty basis.
(v) To include the Masters on compilations with masters by other artists, producers, and/or remixers.
B. All the rights herein granted to Company hereunder shall be for the Universe (the “Territory").
C. Remixer acknowledges that the sale of records is speculative and agrees that the judgment of Company with regard to any matter affecting the sale, distribution and exploitation of such records shall be binding and conclusive upon Remixer. Nothing contained in this Agreement shall obligate Company to make, sell, license, or distribute recordings manufactured from masters recorded hereunder.
3. Publishing. Remixer does hereby relinquish all claims to any publishing rights in regards to the Masters, and the Remixer further acknowledges that the publishing copyright belongs to the original writers of the musical composition that formed the basis the for the Masters.
4. Payment. The enticement and consideration for this Agreement is the promise by the Company to pay the Remixer the amount of $____________. This is a one-time compensation for the Remixer’s and Remixer understands that this will comprise Remixer’s complete and sole payment.
5. Governing Law. This Agreement is entered into in the City of _____CITY_____ and State of _____STATE_____ and is guided by and governed by the laws of that State.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
BY:
“REMIXER”
<<FULL NAME>>
_____________________________
(an authorized signatory)
BY:
“COMPANY”
<<COMPANY NAME>>
_____________________________
(an authorized signatory)
or this one
DANCE REMIX RECORDING CONTRACT (ROYALTY)
This AGREEMENT (hereinafter referred to as the “Agreement") is made effective this _____ day of _______________, 200__ by and between ____________________, located at ________________________________________ (hereinafter referred to as the “Remixer") and ____________________, located at ________________________________________ (hereinafter referred to as the “Company").
WITNESSETH:
In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:
1. Musical Contribution. Whereas the Remixer, an employee for hire of the Company, has at its request and under its direction, made the following musical contributions:
Dance remix for the master sound recording: _____SONG TITLE_____ by _____ARTIST_____ (hereinafter referred to as the “Masters").
2. Ownership of Masters. All Masters recorded by Remixer hereunder, from the inception of the recording thereof and all reproductions derived therefrom, together with the performances embodied thereon, shall be the property of Company for the world free from any claims whatsoever by the Remixer or any person deriving any rights or interest from the Remixer. The Masters (referring only to the sound recordings as opposed to the underlying musical works) shall be considered a “work made for hire” for Company.
A. Without limiting the generality of the foregoing, Company and its designee(s) shall have the exclusive, perpetual, and unlimited right to all the results and proceeds of the uninhibited exploitation of the Masters throughout the Universe (the “Territory"), including, but not limited to:
(i) The right to manufacture, advertise, sell, lease, license, distribute or otherwise use or dispose of, in any or all fields of use by any method now or hereafter known, records embodying the Masters delivered hereunder, upon such terms and conditions as Company may elect, or at its discretion to refrain therefrom;
(iii) The right to perform the records publicly and to permit public performances thereof by means of radio broadcast, television or any other method now or hereafter known, and to synchronize such performances with visual images.
(iv) The right to license the Masters to third parties for use on a flat-fee and/or royalty basis.
(v) To include the Masters on compilations with masters by other artists, producers, and/or remixers.
B. All the rights herein granted to Company hereunder shall be for the Universe (the “Territory").
C. Remixer acknowledges that the sale of records is speculative and agrees that the judgment of Company with regard to any matter affecting the sale, distribution and exploitation of such records shall be binding and conclusive upon Remixer. Nothing contained in this Agreement shall obligate Company to make, sell, license, or distribute recordings manufactured from masters recorded hereunder.
3. Publishing. Remixer does hereby relinquish all claims to any publishing rights in regards to the Masters, and the Remixer further acknowledges that the publishing copyright belongs to the original writers of the musical composition that formed the basis the for the Masters.
4. Advances. Upon execution of this Agreement, Company shall pay Remixer the sum of $XX,XXX.XX US Dollars. All monies paid to Remixer, on behalf of Remixer, or at the request of Remixer, other than royalties payable pursuant to Paragraph 5 of this Agreement, shall constitute advances to Remixer and shall be fully recoupable by Company from any monies payable under this or any Agreement between Company and Remixer.
5. Royalties. Conditioned upon Remixer’s full and faithful performance of each and all of the terms hereof, Company shall pay Remixer the following royalties in respect of records sold subject to this Agreement, provided first that Company in then in a fully recouped position in accordance with the provisions of this Agreement:
A. A royalty of three (3%) percent of the wholesale list price in the country of manufacture on ninety (90%) percent of all exploitation of the Masters licensed hereunder, after full recoupment of the advance to Remixer described in paragraph 3.
B. As to records not consisting entirely of masters recorded and/or delivered hereunder, the royalty rate otherwise payable to Remixer hereunder with respect to sales of any such record shall be prorated by multiplying such royalty rate by a fraction, the numerator of which is the number of Masters recorded and/or delivered hereunder embodied on such record and the denominator of which is the total number of masters embodied thereon.
C. Company shall have the right to include or to license others to include any one or more of the Masters in promotional records on which such masters and other recordings are included, which promotional records are designed for promotional uses or sale at or slightly above the cost of manufacture. No royalties shall be payable on sales of such promotional records.
D. Remixer shall not be entitled to receive or earn any monies in respect of any exploitation of the Masters for which Company is not entitled to receive or does not earn a royalty or credit.
E. Notwithstanding anything to the contrary contained in this Agreement, it is specifically understood and agreed that no royalties shall be payable to Remixer hereunder unless and until Company has recouped all recording costs incurred in connection with the Masters hereunder.
F. Royalties in respect of sales of records outside the United States shall be computed in the same national currency as Company is accounted to by its licensees and shall be paid to Remixer at the same rate of exchange as Company is paid. It is understood that such royalties will not be due and payable until payment thereof is received by Company in the United States of America.
6. Governing Law. This Agreement is entered into in the City of _____CITY_____ and State of _____STATE_____ and is guided by and governed by the laws of that State.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
BY:
“REMIXER”
<<FULL NAME>>
_____________________________
(an authorized signatory)
BY:
“COMPANY”
<<COMPANY NAME>>
_____________________________
(an authorized signatory)
