DOGGIE BOOGIE MUSICAL RIGHTS AGREEMENT
FOR THE FEATURE FILM “DOGGIE BOOGIE”
By and Between Doggie Boogie Productions LLC
And “Recording Artist”
Master Recording and Synchronization Rights Agreement for Existing Music Owned by the Recording Artist
This Agreement is between the Recording Artist submitting their song for the “Do the Doggie Boogie Song Contest”, hereafter referred to as “Licensor”, and Doggie Boogie Productions LLC, hereafter referred to as “Licensee”. This Agreement covers using existing music owned by the artist for the feature film currently titled ‘Doggie Boogie” and its associated compilation album.
The Licensor agrees to the following terms and conditions if they are chosen as the winner of the “Do the Doggie Boogie Song Contest.”
1. LICENSOR OWNERSHIP: Licensor warrants and represents that Licensor is the owner of valid United States copyrights in the musical compositions listed in Attachment A. Licensor acknowledges that Licensor is the sole writer of each of the original musical compositions submitted to the ‘Do the Doggie Boogie Contest’. Licensor warrants and represents that Licensor has the right to allow Licensee to use the master recordings of the same musical compositions in the manner specified in this Agreement. Licensor further warrants and represents that Licensor has the right to grant the license and all rights covered in this Agreement.
2. LICENSE TO USE: Licensor grants to Licensee the nonexclusive, irrevocable right, privilege and license, to use the master recordings of the above named and copyrighted musical compositions in a compilation album associated with the Motion Picture Doggie Boogie and in synchronism or timed-relation with the following Motion Picture (hereafter referred to as the “Motion Picture”) Doggie Boogie.
Licensor grants the further right to Licensee to alter, edit, or truncate the recording as, in Licensee’s sole and unlimited discretion, may be deemed necessary, whether in use during the Motion Picture or in any promotional trailers, films, or other materials. Licensor acknowledges that he or she will have no right to restrict or determine the manner in which Licensee uses or refrains from using the licensed material under the terms of this agreement.
The method of usage and transmission of the visual image shall be: in all forms of Motion Picture, film, television broadcast of any kind, DVD, online, videocassette and any other formats or transmissions of said visual image whether currently in existence or later created or discovered, including advertising and promotion of the visual image.
3. USE: This license is granted for use in the Motion Picture and associated Motion Picture album as outlined below. This license is granted for the geographic territory of the World.
4. TERM: The term of this license shall be for as long as the copyrights in the musical compositions remain valid and in force. At the end of this period, all rights given from the Licensor to the Licensee shall terminate, including the right to make or authorize any use or distribution whatsoever of said recordings of the musical composition, subject to those rights which the Licensee may then be able to obtain with regard to public domain compositions.
5. Deferred payment: For the rights granted in this Agreement, Licensee shall pay compensation to Licensor deferred fees based on net profit obtained solely from distribution revenue generated. Such deferred compensation shall be payable only if all expenses and costs of any kind incurred in connection with the Motion Picture are first recovered in full by Licensee including payment to investors, production and distribution costs.
If Licensee never receives full reimbursement of all expenses and costs incurred in connection with the Motion Picture, then Licensor shall never receive the stated deferred compensation. Licensor understands that the possibility exists that Licensor may never receive any portion of the stated deferred compensation, and Licensor expressly agrees to these terms:
(a) Existing Music used in the film Motion Picture and on an associated compilation album: Licensor shall receive one percent (1%) of net profit of the film revenue with a cap of three thousand dollars ($3,000). Licensor shall also receive an invitation to the premier of the Motion Picture in San Francisco however, Licensor is responsible for all associated expenses.
(b) Featured in the Motion Picture and on associated Web Site The Licensor’s winning submission will be featured in a dog dance scene of the Motion Picture and on the home page of DoggieBoggieMovie.com.
(c) Existing Music sold as a single online or on another album produced by Licensor. Licensor is allowed to sell and receive all revenues for the existing music sold as a single or as part of another album produced by Licensor.
6. WORK-FOR-HIRE: The Licensee understands and agrees that their participation in and their compensation for the Motion Picture is strictly a work-for-hire project. The Licensee is responsible for paying all associated tax liabilities.
7. CREDITS: Provided Licensee has performed all material services required hereunder, Licensee will be accorded the following credit on screen:
- ‘Song Title’ by: Licensor
8. CONFIDENTIALITY: The terms of this Agreement and other business relationships between the parties shall remain confidential.
9. FORMAT REQUIREMENTS: Licensor shall provide a CD copy of the songs they are submitting to be used in the Motion Picture and Compilation CD.
10. INDEMNIFICATION: Licensor indemnifies and shall hold Licensee harmless from all loss, damage or expense (including legal expenses and attorney’s fees) arising out of, or connected with any claim by a third party which is inconsistent with any of Licensor’s promises or warranties in this Agreement, or by reason of any adjudication invalidating the copyright in the musical compositions.
11. ASSIGNMENT: Licensee may assign this Agreement without the written consent of the Licensor, but only to the extent necessary or advisable to properly effect the distribution, exhibition or transmission of the Motion Picture. This Agreement shall be binding upon the heirs, legal representatives, successors and assigns of the parties. The execution of this Agreement by Licensee shall constitute and is accepted by Licensor as full compliance with all obligations of Licensee to Licensor, statutory and otherwise, which arise from or are connected with Licensee’s use of the musical compositions as stated in this Agreement.
12. OWNERSHIP: The Company shall own all rights in the Show and associated products, sequels and spin-offs, the component parts thereof, and the copyright for use throughout the world in any and all media. The “Position Name” has no ownership rights whatsoever in the Show or its concept.
13. Severability: If one or more provisions in this Agreement is found to be illegal, the rest of the contract is valid.
14. COMPLETENESS: This Agreement represents the complete and final agreement of all parties and supersedes any previous written or oral agreement.
15. MODIFICATION: This Agreement may only be modified by the written consent of both parties.
16. GUARANTEE: The persons signing below guarantee that they are authorized to sign this Agreement on behalf of the parties, and bind the parties to all terms of this Agreement.
Wherefore this Deal Memo is executed in San Francisco as of the date first written above and shall be enforced by the laws and regulations of the State of California. Any litigation is to be brought in the court with proper jurisdiction located in San Francisco, California. The parties expressly consent to the personal jurisdiction of the court of proper jurisdiction located in San Francisco, California.
