(roberttaylormusic.com/legal.html) - Sample Contract
FILM & TELEVISION
Composer's agreement (short)
Dated: (date)
Dear (Robert Taylor)
Re: '(name of film or television or other works)'
We write to confirm the agreement reached
between us in relation to '(name of film)' (the 'Film'). Words and phrases
which are defined in the PACT Conditions of Engagement for Composers xxxx
Edition shall unless otherwise defined have the same meaning in this Agreement.
For the purposes of this Agreement references in the Conditions to 'Company'
and 'Composer' shall be deemed to refer respectively to ourselves (and our
successors assignees and licensees) and yourself and references to the 'Programme'
shall be deemed to refer to the Film.
1. Engagement
We engage you and you agree to render to us on the terms and conditions
set out in this agreement your services as composer in connection with the
Film as follows:
1.1 to compose and arrange the Music; and
1.2 to conduct and/or perform the Music
with such other musicians as may be necessary so that the Music may be recorded
for incorporation in the Sound Master. You shall perform your services under
this Agreement so that the Sound Master can be produced and delivered to
us on or before (date) ('Delivery Date') time being of the essence.
2 Term
We shall be entitled to your services on a first call basis throughout the
period from (date) until the completion and delivery and acceptance by us
of the Film.
3 Remuneration
3.1 Subject to the provisions of this Agreement and to the full and timely
performance and observance by you of all your obligations under this Agreement
we shall as inclusive remuneration and as full and complete consideration
for all services rendered and for all rights consents and benefits assigned
and granted by you to us under this Agreement pay to you the sum of $[………]
(plus Tax subject to receipt by us of a valid Tax invoice in the proper
form) payable as to one third on the execution of this Agreement, one third
on completion of the recording of the Music for the Film and one third within
30 days of delivery of the Sound Master to us.
3.2 You confirm and agree that the entire rental and lending right (within the meaning of the Copyright, Designs and Patents or Equivalent Section 18A(2) to (6)) in respect of the exploitation of the Music by means of the Film and all sound recordings including the Sound Master which are used in the Film (which exploitation may be in any and all media by any manner or means) is irrevocably licensed to us on an exclusive basis. We confirm that all other rental rights in relation to the Music are reserved to you.
3.3 You confirm and agree the assignment to us of all performers' property rights (within the meaning of the Copyright, Designs and Patents or Equivalent Section 191A(1) including expressly those rights specified in Section 182C) in relation to any and all performances contained in the Sound Master and you warrant that such rights are unencumbered and that you are their sole and absolute owner.
3.4 You acknowledge that [……]%
of those sums payable under Clause 3.1 shall constitute equitable remuneration
(within the meaning of EC Council Directive 92/100) for the exploitation
by us our successors assignees and licensees of the Rental Rights in relation
to the Film the Music and the Sound Master. For the purposes of this Agreement
'Rental Rights' shall mean the entire rental and lending right within the
meaning of the Copyright, Designs and Patents or Equivalent Section 18A(2)
to (6) in relation to all performances contained in the Sound Master together
with all those rental and lending rights referred to in Clause 3.2.
4 PACT Conditions and special provisions
4.1 The PACT Conditions of Engagement for Composers (XXXX edition) (the
'Conditions') are incorporated in this Agreement to the extent they do not
conflict with it. In the event of any conflict between this Agreement and
the Conditions the terms of this Agreement shall prevail. You warrant undertake
and agree with us in the terms of the undertakings of the Composer in the
Conditions as if they were now set out in full. A copy of the Conditions
is attached.
4.2 For the purposes of Condition 8 of the Conditions, our base shall be (specify).
4.3 The Sound Master shall be delivered in the following format: (specify format)
4.4 You acknowledge that for the purposes
of the Copyright, Designs and Patents or Equivalent Section 9(2)(aa) and
(ab) we shall be deemed to be the sole person by whom the arrangements necessary
for the making of the Film and the Sound Master were undertaken.
Kindly indicate your acceptance of the above by signing and returning to
us the enclosed duplicate of this letter.
Yours faithfully
..........................................................................................................................
for and on behalf of (name of Company)
I confirm the above and agree to be bound by it
..........................................................................................................................
Signed by (Robert Taylor)
..........................................................................................................................
in the presence of (name)
APRA No:
ASCAP No:
Schedule D No: