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Contents of the Composer Contract
- TERMS OF PAYMENT
- TRANSFER OF ALL RIGHTS
- DUTIES AND OBLIGATIONS OF THE COMPOSER
- RIGHT OF ASSIGNMENT
- INJUNCTIVE AND OTHER EQUITABLE RELIEF
- SUSPENSION OF PERFORMANCES; EXCUSES TO PERFORM
- RIGHT OF SUBSTITUTION
- RIGHT OF ASSIGNMENT, TRANSFER OR DELEGATION
- THE COMPOSERS REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS
- NO PUBLICITY
- GENERAL PROVISIONS
This ‘COMPOSER CONTRACT’ (“Agreement”), is made by and entered into between the [COMPOSER NAME] (the “Composer”) and [PRODUCER NAME] (the “Producer”), and is executed as a binding agreement as of the Effective Date (Composer and Producer are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
WHEREAS, the Producer desires to engage services of the Composer for a Score described below and the Composer is ready to accept such engagement on the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Composer and the Producer agree as follows:
- The Producer hereby employs the Composer upon the terms and conditions contained herein, to render services when requested by the Producer as musical director, conductor, arranger and composer, in connection with the proposed program, [program name or concise description] (the “Program”). The Composer may be required to compose original music suitable in duration and content for the use as the title, background, theme, bridge and cue music for the Program. [Sample description of specific requirements: This will consist of a one (1) minute open, one 10-second and two 5-second bumpers, and a 40 second close]. the Composer will also arrange, rearrange, orchestrate, copy and score its own music and/or music written by others (submitted by the Producer to the Composer for use in the Program); furnish arrangements, orchestrations and other materials as the Producer may require (all of the foregoing hereinafter referred to as the “Material”); rehearse, perform, record, re-record, mix, produce and deliver high-quality, first-class master recordings of the Material on Digital Audio Tape (DAT), and synchronize such recordings of the Material in timed-relation with such portions of the Program as the Producer may designate.
- DELIVE The Composer shall deliver to the Producer a fully arranged and orchestrated score of the Material, as well as master recordings of the Material in a timely fashion to meet the Producer’s production schedule. the Composer’s services shall continue until Material and master recordings are delivered to the Producer. The services to be performed by the Composer shall be performed in or around the city of [CITY], in the state/province of [STATE/PROVINCE]. During the Term of this Agreement, the Composer’s services will be non-exclusive to the Producer, and on a first call, first priority basis. Such services shall take precedence over any other activities in which the Composer may engage.
- TERMS OF PAYMENT. The Composer shall be paid, and agrees to accept as compensation, and as payment in full, the total sum of [$AMOUNT] Dollars ([$####]); [$AMOUNT] Dollars ([$####]) shall be paid upfront at the contract signing, and the remaining balance of [$AMOUNT] Dollars ([$####]) when Master Tape(s) are delivered. This amount shall be considered a complete buyout for all uses of the Material and master recordings in all media in perpetuity. the Producer shall not be required to make any payment for any use or reuse of the Material, the master recordings delivered by the Composer, or the Program in any form of television, theatrical release, foreign use, and supplemental marke
- The Producer is not obligated to use or authorize the use of the music, Material or other results of the Composer’s service The Producer releases its obligations to the Composer by payment (as detailed under paragraph 3 above).
- The Producer will grant screen credit to the Composer, provided the Composer is not in default of this Agreement (completes all services, and delivers all Material and master recordings required). All other matters related to such credit shall be determined by the Producer in its sole discretion. No casual or inadvertent failure to grant credit by the Producer or any third party shall be considered a breach by the Producer.
- TRANSFER OF ALL RIGHTS. The Composer grants to the Producer all rights to the Program, all Material furnished by the Composer and all results and proceeds of the Composer’s service the Composer shall have no right, title or interest of any kind regarding this Material. The Composer hereby acknowledges and agrees that the Producer shall have the absolute, unqualified and perpetual right throughout the world to use and reuse the Program, all Material and master recordings, in all media, whether known or hereafter discovered, including, without limitation, the right to rerun the Program or portions thereof on television an unlimited number of times anywhere in the world (whether by means of pay or free television or tape, video cassettes, electronic video recordings or other component devices or any other process, device or method now in existence or hereafter discovered) and to exhibit the same theatrically. the Producer, in its own discretion, shall be entitled to change, alter, revise, add to or subtract from, any Material and/or master recordings created by the Composer, and to combine the same with other material created or furnished by others.
- DUTIES AND OBLIGATIONS OF THE COMPOSER. The Composer will be solely responsible for the cost of all facilities, instruments and equipment used in creating the Material and master recordings, for payment of compensation, and all other employer obligations to any musicians, performers or others engaged by the Composer in connection with the Material and/or the master recording The Composer shall advise the Producer in writing of the names and addresses of all such persons before the Composer engages their services. the Producer shall own the results and proceeds of the aforementioned services as the Producer may require to evidence or effectuate the Producer’s rights. the Composer shall indemnify and hold the Producer harmless from and against any and all claims, liabilities, damages, costs and expenses of every kind or nature (including attorneys’ fees) arising out of any claim against the Producer by any such persons.
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