EVEN BETTER
New Contract: Work for Hire. PT 1
WORKS MADE FOR HIRE
AGREEMENT
This Agreement is made effective as of this ______ day of _______________, 2002, by and _____________________________, hereinafter referred to as “Company” c/o ___________________________________
____________________________ and Independent Contractor, hereinafter referred to as “you or your(s), etc.”:
Independent Contractor: ______________________
___
Address: _______________________
__
_________________________
Telephone: _____________________
____
Project: _________________________
Performance(s):
_________________________ Song: _______________________
_________________________ Song: _________________________
_________________________ Song: _________________________
_________________________ Song: _________________________
I. SERVICES
I.01 You shall render your non-exclusive services as a performing artist for the purpose of assisting in the making of the aforementioned performances and songs. Such performances shall be fulfilled at the conclusion and acceptance of the Master Recording including your performance and accepted on said project or compilation (herein “Master”).
I.02 Your services shall be rendered at times and locations to be designated by Company.
II. COMPENSATION
II.01Your sole compensation for the services provided and rights granted pursuant to this Agreement shall be:
________________________ ($_________) dollars (hereinafter “Fee”)
and other good and valuable non-monetary consideration, the adequacy of which hereby acknowledged. Other than the Fee, you shall not be entitled to any compensation, royalty or other payment (other than required union scale) in connection with your services or the rights granted herein. The Fee shall be paid to you as follows:
II.02 Acceptance of the Master that contains the use of your skills, talent, voice likeness, etc. Payment may be made otherwise if noted herein and accepted by all parties to this agreement. ___________________________________
___________________________________
___________________________________
_____________________________.
III. ACKNOWLEDGEMENT
III.01 If you are associated, signed, attached, or otherwise linked to any Record Company, party or otherwise, this Agreement is not and cannot be valid without the Company’s receipt of this agreement signed by both you and your Record Company where indicated.
IV. RECORDING COSTS
IV.01 As between Company and you and this Agreement, Company shall be solely responsible for paying the recording costs of the Master recorded at recording sessions conducted in accordance with the terms hereof.
V. RIGHTS
V.01 The Master, from the inception of the recording thereof, shall for the purposes of copyright law, be deemed “works-made-for-hire” for Company by you. The Master from the inception of the recording, all phonograph records and other reproduction made therefrom, together with related performances embodied therein and all rights, including but not limited to, all copyrights, therein throughout the territory, and all renewals and extensions thereof, shall be entirely Company’s property, free of any claims whatsoever by you or anyone on your behalf. Company shall be deemed author and owner of said copyright and shall have the exclusive right to obtain registration of the copyright, in Company’s name, as owner and author. If Company shall, for whatever reason, be deemed not the author of the Master or the Master is deemed not to be a “work-made- for –hire” made for the Company, the Agreement shall constitute an irrevocable assignment and transfer to Company ownership of all worldwide rights, including but no limited to, all copyrights, renewals and extensions, in the Master. You shall, at the Company’s request, cause to be executed and delivered to Company, transfers of ownership of copyrights, renewals and extensions, in the Master and any other documents as Company may reasonably deem necessary or appropriate to vest in Company the rights grated to Company in this Agreement. You hereby constitute and appoint Company as your agent and attorney – in – fact, with full power of substitution, to execute and deliver such documents or instruments as you may fail or refuse to execute and deliver, this power and agency being coupled with an interest and being irrevocable.
VI. NAME AND LIKENESS
VI.01 Company and any person, firm or corporation designated by the Company shall have the perpetual, non-exclusive right throughout the territory and universe to use and to permit others to use your name ( both legal and professional, whether presently or hereafter used by you), image, likeness, voice, photographs and biological material concerning you for the purposes of trade and advertising in connection with the exploitation of the musical content which is the subject matter of this Agreement embodying the Master. Your cooperation with the Company in providing photographs and biological material and you will not unreasonably withhold or delay providing such.
VII. MUSICAL COMPOSITION
VII.01 Your contribution to the Composition, including your authorship, if any, from the inception of the creation, shall, for the purposes of Copyright law, be deemed a “work-made-for-hire” for Company by you. The Composition from the inception of authorship, including but not limited to, copyrights, renewals and extensions of the copyright, shall be entirely the Company’s. You shall not and cannot make any claim for rights granted Company by this Agreement.
VIII. VIDEO
VIII.02 Company is free to use said musical composition that is the subject matter of this Agreement for the creation of music videos or documentary’s. You are under no obligation to render your services or performances or otherwise participate, however, if you shall choose to do so, then you hereby waive any right you may have to be paid union scale or any other sums in connection with the production. Company shall have the sole rights and shall be sole owner of any and all videos and documentary’s and free of any claims by you. You further agree that Company may use your name, likeness and other biographical material concerning you.
IX. RESTRICTIONS
IX.01 You shall not, for a period of not less than four (4) years after completion of your services, perform, produce or record the Composition or any portion thereof for any person, firm or corporation other than Company for the purpose of making commercially marketable music or Master Recordings. Additionally, upon the expiration of four (4) years, you may only perform, produce or record that portion of any Master Recording that you authored or performed.
X. WARRANTIES, REPRESENTATIONS AND COVENANTS
You hereby warrant, represent and covenant that:
X.01 You have the right, power and capacity to enter into this Agreement. You are at least eighteen (18) years of age and of competent mental capacity. If you are under eighteen (18) years of age or of incompetent mental capacity, your parent or legal guardian has read and will sign on your behalf.
X.02 You shall not perform any act that may impair the rights granted to Company.
X.03 You shall become and remain a member in good standing of any labor union or guilds with which Company may at any time have an agreement lawfully requiring membership.
X.04 The talent furnished by you, whether musical, aesthetic or otherwise shall not violate or infringe upon any law or right, whether it be contractual, copyright, trademark, trade name, right of publicity.
X.05 You will cause to be signed any and all written waivers from all interested parties who may be entitled to your exclusive recording services.
XI. INDEMNITY
XI.01 You will indemnify and hold Company, Artist, Producers, and anyone else on this project, their families, affiliates, successors, assigns, in addition to all officers, directors and employees of the foregoing, harmless in respect of any loss or damage, including reasonable attorney’s fees arising out of any breach or alleged breach of warranty, representation, agreement or obligation made by you herein and hereunder. You agree to reimburse Company for any payment made by Company with respect of any liability or claim to which the foregoing indemnity applies.
XII. NOTICES
XII.01 All notices shall be sent in writing via personal delivery or mail with all charges prepaid to the addresses identified in this document. All changes of address shall be made in writing and shall be effective only after actual receipt.
XII.02 Notice of any claimed breach shall be given within thirty (30) days of the alleged breach and the alleged breaching party shall be given sixty (60) days in which to cure said breach, unless said breach can or will cause irreparable harm, then said breach must be immediately cured.
XIII. MODIFICATIONS
XIII.01 All modifications shall be made in writing and shall be agreed upon and signed prior to their acceptance. Until said acceptance, no modification shall be binding on any party to this Agreement. No waiver by you or Company of any term of this Agreement or any default hereunder shall affect your or Company’s respective rights to said term or any other right granted per this Agreement.
XIV. CONFLICTS OR BREACH
XIV.01 This Agreement has been entered into in the State of Georgia, and is therefore accepted by all parties to this Agreement that the State of Georgia, its laws and courts maintain the only jurisdiction, with the only exception being the Federal District Court for the Northern District of Georgia, located in Atlanta, Georgia. The parties, though, agree to resolve disputes with binding arbitration.
XIV.02 All parties to this Agreement shall acknowledge service at the addresses listed above. Company’s attorney, ___________________________________
______________ will accept service on behalf of the Company.
XIV.03 You acknowledge by signing this Agreement that ____________________ (Lawyer Name) does not and has not represented you or advised you concerning this Agreement. You further warrant that if ____________________ (Lawyer Name) has represented you in the past or present concerning any issue that you hereby waive any conflict that may arise or has apparent ability to rise and that you accept the attorney’s good faith efforts to deal fairly with all parties.
IN WITNESS WHEREOF, the parties hereto lay their hands in signature this __________ day of ____________________, 2002
___________________ (Company Name)
BY: _______________________ BY: _______________________
REPRESENTATIVE
TITLE: _______________________ _______________________
SOCIAL SECURITY NO.
_______________________
DATE OF BIRTH
By signing where indicated below, this shall confirm that _________________________ (RECORD COMPANY) does hereby acknowledge and consent to the performance of ______________________________ pursuant to the terms of this Agreement and, accordingly, that RECORD COMPANY hereby waives any applicable rights it might hold in connection with such performances and agrees to the terms provided herein.
AGREED TO AND ACCEPTED:
BY: ___________________________
REPRESENTATIVE
___________________________
TITLE
