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Sample contracts

Boyd Campbell practices entertainment law in Montgomery, Alabama.  The following is not legal advice.  The form contracts provide are published to facilitate discussion with music publishers, entertainment groups, and individual artists interested in forming relationships with music publishers and distributors.

By BOYD F. CAMPBELL, Attorney at Law

    Agreement made this _______ day of ____________________, 19_____, between _______________________________ ("Publisher") and ______________________________ ("Composer").

WITNESSETH THAT:

1.  Composer hereby sells, assigns, transfers, and delivers to Publisher, its successor and assigns, a certain heretofore unpublished  original musical composition, and the manuscript and performance materials now entitled:  ____________________________;

("compositions"), including  property herein and the title words and music, and the right to secure copyright and all extensions and renewals on same.

2.  Composer warrants that the composition is his sole, exclusive, and original work;  that the has full right and title to said work; that there exist no adverse claims to said work; that valid copyright can be secured by Publisher; and that neither the composition, nor any part thereof infringes, upon the title or the copyright of any firm anywhere in the world.

3.  Publisher agrees to use reasonable efforts to exploit said composition in accordance with its business practices, and to pay Composer with respect to said composition in the amount of:

    a.  Ten (10) percent of the retail list price established by Publisher on all copies of all versions of such compilation published by and and sold and paid for in the United States and Canada, and one-half (0.5) percent of such amount on all such copies sold outside the United States and Canada.

    b.  Fifty (50) percent of all net sums received by Publisher in respect of any and all licenses issued and authorizing manufacture in the United States and Canada or parts of instruments reserved to introduce the said composition, or any parts, arrangements, versions, or adaptations therefore, mechanically on phonograph, tapes, and similar devises, or the authorization of such usage in synchronization with motion pictures.

    c.  Fifty (50) percent of all sums received by Publishers for the rental in the United States and Canada of materials furnished to publisher and Composer, and twenty-five (25) percent of all net sums received by Publisher for the rental in the United State and Canada of materials produced and paid for by Publisher.

    d.  Fifty (50) percent of all net sums received by Publisher from the licensing for public performances of the composition directly by Publisher to the user.

    e.  Fifty (50) percent of all net sums received by Publisher for any grant to another publisher of the right to publish the composition in a book with any other works.

    f.  Fifty (50) percent of all net sums received by Publisher with respect to foreign expliotation of the composition by any means.

    g.  Fifty (50) percent of all othe net sums recieved by Publisher in the United States and Canada, except as specifically provided herein.

    Composer shall not share in any sum or sums received by Publisher from ASCAP or BMI, or any public performing rights organization which pays performance fees directly to composers.

    Except as provided herein, no other royalties or payments of any kind shall be due from Publisher to Composer.

4.  It is hereby agreed that all sums payable hereunder to the partiets named as Composer shall be divided among them as follows:

Details of division of royalties:

For more information, contact:

Boyd F. Campbell, L.L.C.
P.O. Box 11032
Montgomery, Alabama 36111-0032 USA
Telephone: (334) 832-9090

E-mail: usvisa@visaus.com

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