Film Synchronization Agreement : Please fill out the following form. Please print your completed form if you would like to have a copy for your records.
THIS AGREEMENT, dated the __th day of ________, 199_, between_________________,(hereinafter referred to as "Composer" and ________________________, (hereinafter referred toas "Employer").
WHEREAS the Composer has hereto written and composed certain musical compositions, lyricsand arrangements, including arrangements of public domain material (all herein called (Music) asindependent contractor of ____(Employer)___, a Texas company, in connection with the motionpicture now entitled:
In consideration of the premises, it is agreed as follows"
1. Composer hereby licenses to Employer and its assigns, as their interest may appear, on anon-exclusive basis, the following rights including, without limitation, the complete, unencumbered,exclusive and perpetual right throughout the world to exhibit, record, reproduce, broadcast, televise,transmit, publish, copy, print, reprint, vend, sell, distribute, perform and use for any purpose, inconnection with the motion picture as defined herein, whether or not now known, invented, used orcontemplated, and whether separately or in synchronism or timed relation with the Picture or trailers,clips or portions thereof, or any other motion picture or otherwise, all or any part of the matters andthings referred to in this paragraph and to refrain from all or any part thereof. Employer or its assignsmay add lyrics from all or any part thereof. Employer or its assigns may add lyrics in any language,and otherwise add to, subtract from, arrange, rearrange, revise and adapt all such material and thePicture in any manner, and Composer hereby waives the "moral rights" of authors, as said term iscommonly understood throughout the world. Said license of rights is conditioned upon and subject tothe following:
(a) Motion pictures containing the Music may be exhibited by any licensed or authorized exhibitor.No such license shall be required in any of the situations referred to above with respect to whichEmployer reserves the right to perform the Music.
(b) Under no circumstances shall the Composer, and of his successors in interest, or anyone acting inhis behalf, have the right to take any proceedings that would have the effect of enjoining and/orpreventing and/or otherwise interfering with the public exhibition and performance anywhere in theworld and by any means or method now or hereafter known of motion pictures with the Musicincluded therein, nor shall Employer or any distributor of such motions picture be liable to Composerfor any action that the association or anybody may or may not take in administering the remainingperforming rights or for any payments that the licensing organization (A.S.C.A.P., B.M.I. etc..) mayor may not make to the Composer.
(c) Neither Employer or any distributor of any motion picture shall be liable to the Composer, or hissuccessors in interest, or to the licensing body or its affiliates, for any payment of any sums by reasonof performances of the Music as contained in the motion pictures, with the exception of payment ofthe statutory mechanical rate at the time of execution of this Agreement paid by Employer toComposer or his music publisher for the sale to the public of the Music on sound tracks released asphonorecords, video tapes, compact discs, cassette tapes or any and all methods now known or thatmay come into being.
(d) Composer and his heirs, executors, administrators or other personal representatives, agents,successors or assigns shall have no independent right to license performances of the Music asincluded in motion pictures or to otherwise interfere in any way with the distribution and exhibition ofmotion pictures containing the Music.
(e) For the purpose of protecting motion pictures in which any music is used or to be used, Employeror its assigns shall always have the right to impose restrictions upon the performance of such Musicapart from motion pictures.
2. As used herein, the following terms shall unless the context clearly provides to the contrary, havethe following meanings:
"Motion picture" or its equivalent means and includes, but is not limited to motion picturescinemagraphic films and photoplays of every kind and nature whatsoever (including films fortelevision, video tapes, and films produces electronically), including the sound track thereof, as wellas trailer, clips and portions thereof, and copies of any of the foregoing, produced by any means nowknown or hereafter known, invented, used or contemplated by which photographs, pictures, imagesor other visual or audiovisual reproductions or representations are or may be printed, imprinted,recorded or otherwise preserved on material of any description (whether translucent or not) for laterprojection or exhibition in such manner that the same are or appear to be in motion on a screen,mirror, monitor, tape or any other medium or device whether or not accompanied by sound track.
"Sound Track" means and includes sound recordings and reproduction of every kind and naturewhatsoever produced by means of electrical, electronic, mechanical, or other processes or devicesnow known or hereafter known, invented, used or contemplated by which sound may be recordedfor later transmission or playback in synchronization or timed relation with motion pictures orseparately on phonograph records, or otherwise.
"Copies", with reference to a motion picture or sound track, means and includes any negative orpositive print, dupe, negative, video or other electronic tape recording, disc or other physical articleof any kind produced by means of any process or device now or hereafter known or contemplated.on which such motion picture or sound track, or any part thereof, is printed, imprinted, recorded,reproduced or duplicated.
"Exhibitor" means any person, firm, or corporation who holds a valid and subsisting license from thecopyright proprietor of the motion picture involved (either directly or indirectly through distributor,subdistributor or other licensee of such copyright proprietor) to exhibit and perform such motionpicture (including the Music), publicly, whether theatrically, on free pay or subscription cabletelevision, cable, satellite, airlines, armed services or other, by any means or media whatsoever.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above.
Related Links :
Film Synchronization Agreement
to HOME PAGE