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- THE LICENSE GRANT
- CERTAIN TERMS DEFINED
- GENERAL PROVISIONS
This ‘FILM SYNCHRONIZATION AGREEMENT’ (“Agreement”) is made by and entered into between [EMPLOYER NAME] (the “Employer”) and [COMPOSER NAME] (the “Composer”), and is executed as a binding agreement as of the Effective Date (Employer and Composer are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
WHEREAS, the Composer has hereto written and composed certain [Options: musical compositions +/- lyrics +/- arrangements, +/- including arrangements of public domain material] (all herein referred too as the “Music”) as independent contractor of the Employer in connection with the motion picture now entitled “[FILM TITLE].”
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 Employer and the Composer agree as follows:
- THE LICENSE GRANT.
The Composer hereby licenses to the Employer and its assigns, as their interest may appear, on a non-exclusive basis, the following rights including, without limitation, the complete, unencumbered, exclusive and perpetual right throughout the world to exhibit, record, reproduce, broadcast, televise, transmit, publish, copy, print, reprint, vend, sell, distribute, perform and use for any purpose, in connection with the motion picture as defined herein, whether or not now known, invented, used or contemplated, and whether separately or in synchronism or timed relation with the Picture or trailers, clips or portions thereof, or any other motion picture or otherwise, all or any part of the matters and things referred to in this paragraph and to refrain from all or any part thereof. The Employer or its assigns may add lyrics from all or any part thereof. The Employer or its assigns may add lyrics in any language, and otherwise add to, subtract from, arrange, rearrange, revise and adapt all such material and the Picture in any manner, and the Composer hereby waives the “moral rights” of authors, as said term is commonly understood throughout the world. Said license of rights is conditioned upon and subject to the following:
(a) Motion pictures containing the Music may be exhibited by any licensed or authorized exhibitor. No such license shall be required in any of the situations referred to above with respect to which the Employer reserves the right to perform the Music.
(b) Under no circumstances shall the Composer, and of his successors in interest, or anyone acting in his behalf, have the right to take any proceedings that would have the effect of enjoining and/or preventing and/or otherwise interfering with the public exhibition and performance anywhere in the world and by any means or method now or hereafter known of motion pictures with the Music included therein, nor shall the Employer or any distributor of such motions picture be liable to the Composer for any action that the association or anybody may or may not take in administering the remaining performing rights or for any payments that the licensing organization may or may not make to the Composer.
(c) Neither the Employer or any distributor of any motion picture shall be liable to the Composer, or his successors in interest, or to the licensing body or its affiliates, for any payment of any sums by reason of performances of the Music as contained in the motion pictures, with the exception of payment of the statutory mechanical rate at the time of execution of this Agreement paid by the Employer to the Composer or his music publisher for the sale to the public of the Music on sound tracks released as phonorecords, video tapes, compact discs, cassette tapes or any and all methods now known or that may come into being.
(d) The Composer and his heirs, executors, administrators or other personal representatives, agents, successors or assigns shall have no independent right to license performances of the Music as included in motion pictures or to otherwise interfere in any way with the distribution and exhibition of motion pictures containing the Music.
(e) For the purpose of protecting motion pictures in which any music is used or to be used, the Employer or its assigns shall always have the right to impose restrictions upon the performance of such Music apart from motion pictures.
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