Download: Broad Rights Contract – II
THIS AGREEMENT, made this day of , 20 , is for the services described below between the undersigned Publisher (hereinafter referred to as “PUBLISHER”) and the undersigned Producer, its successors and assigns (hereinafter referred to as “PRODUCER”).
The musical composition (the “Composition”) covered by this license is titled:
The motion picture (the “Motion Picture”) covered by this license is tentatively titled:
The type and number of uses of the Composition to be recorded are:
PUBLISHERS hereby grant PRODUCERS the non-exclusive right, license, privilege, and authority to record, dub and synchronize on film or videotape the above-mentioned Composition, to make copies of such records and import said recordings and/or copies into any country, and to exhibit, distribute, market and perform said Motion Picture throughout each country in accordance with and subject to the terms and limitations hereinafter set forth.
PRODUCERS agree to pay PUBLISHERS the sum of __________________________ ($_________) dollars for exhibition in Motion Picture theatres and television broadcasts and ____________________________ ($_________) dollars for audio-visual devices as further described in paragraphs 9 and 10, to be paid upon the execution and delivery.
PUBLISHER hereby grants to PRODUCER the non-exclusive right and license to publicly perform for profit or non-profit and authorizes others to perform the Composition in the exhibition of the Motion Picture in the United States and its territories and possessions.
The right to exhibit the Motion Picture in the United States by means of television, including “pay television”, “subscription television”, “CATV” and “closed circuit”, is and shall be available only under the following circumstances:
The Motion Picture may be exhibited on television by networks, local stations or closed circuits having valid performance licenses from the American Society of Composers, Authors and Publishers (“ASCAP”) or Broadcast Music, Inc. (“BMI”).
Exhibition of the Motion Picture by means of television by networks, local stations or closed circuits not licensed for television by ASCAP or BMI is subject to clearance of the performing rights either from PUBLISHER, ASCAP, and BMI or from any other licensor acting for or on behalf of PUBLISHER.
It is understood that clearance by performance rights societies in the territory outside of the United States will be in accordance with their customary practices and the payment of their customary fees.
Subject to the provisions set forth in paragraphs 9, 10, and 11, PUBLISHER hereby grants to PRODUCER, in each country of the territory, the non-exclusive right to cause or authorize fixing of the Composition embodied in the Motion Picture on audio-visual devices, such as video cassettes, video tapes, video-records and similar compact audio-visual devices (“Video-Records”) and:
To utilize such Video-Records for any of the purposes, uses and performances herein, and
To sell, lease, license or otherwise make such Video-Records available to the public as a device solely for “home use” (as such term is commonly understood in the phonograph record industry).
The amount set forth in paragraph 5, regarding the rights granted in paragraph 9 above, shall be deemed payment in full for the first 50,000 units sold.
PRODUCER shall render to PUBLISHER semi-annual reports within forty-five (45) days after June 30 and December 31 of each year hereafter, detailing the number of units sold.
PRODUCER shall notify PUBLISHER in writing when sales have reached no less than ________ units and no more than ________ units. At such time, if it is anticipated that sales will exceed _________ units, additional payment by PRODUCER to PUBLISHER shall be made and such shall be negotiated in good faith.
The rights granted in paragraph 9 specifically exclude sales of Video-Records in excess of ________ units. All sales in excess of ________ units that have not been licensed in accordance with paragraph 10(c) shall be considered an infringement of copyright.
PRODUCER may exercise the rights granted under paragraph 9(b) in the territory outside the United States pertaining only to agreements, licenses or arrangements made with sub-publishers, agents or other licensees or parties who then control such rights in the Composition.
This license does not authorize or permit any use of the Composition not expressly set forth herein, and does not include the right to alter the fundamental character of the music of the Composition, to use the title or subtitle of the Composition as the title of a Motion Picture, to use the story of the Composition or to make any other use of the Composition not expressly authorized.
The recording and performing rights granted include such rights for air, screen and television trailers solely for the advertising and use of the Motion Picture. The rights granted in this license specifically exclude television trailers on network TV stations. PRODUCER shall have the right to utilize the Composition in advertisements of the Motion Picture as long as such use does not exceed five (5) seconds in duration and such use is within the context of the scene in which the Composition appears in the Motion Picture.
PUBLISHER warrants only that it has the legal right to grant this license and this license is given and accepted without any other warranty or recourse. If said warranty shall be breached in whole or in part, PUBLISHER shall either repay to PRODUCER the amount previously paid to PUBLISHER or shall hold PRODUCER harmless.
PUBLISHER reserves all rights not expressly granted to PRODUCER for its use and disposition anytime, anywhere. All rights granted hereunder are on a non-exclusive basis.
PRODUCER agrees to furnish PUBLISHER with a copy of the music cue sheet for the Motion Picture within thirty (30) days (excluding “Sneak Previews”) after the first public exhibition of the Motion Picture at which admission is charged.
In the event PRODUCER gives credit to any of the owners of musical compositions incorporated in the Motion Picture, PRODUCER agrees to give PUBLISHER the following credit in substantially the following manner:
This license in its entirety (both recording and performing rights) shall terminate if the license fee in paragraph 5 has not been paid in full within ten (10) days of any public performance of the recording of the Composition in the exhibition of the Motion Picture.
GOVERNING LAW: This Agreement shall be governed by the laws and in the courts of the State of _____________ and by the laws of the United States, excluding their conflicts of law principles. Any dispute or legal proceeding regarding the Agreement shall take place in the county of _____________, in the State of _________________.
Your signature below will constitute this as a binding agreement.
For PUBLISHER For PRODUCER