Music-Album Distribution Agreement : Please fill out the following form. Please print your completed form if you would like to have a copy for your records.
The following, when accepted by you will confirm the agreement as of the above date between youand us for the exclusive distribution of certain Master Recordings and the performances embodiedthereon in accordance with the following terms and conditions:
1. You represent and warrant that you are free to enter into and abide by the terms of this Agreementand that you are the sole owner of the master recordings embodying the following compositions:
TITLES COMPOSERS PUBLISHER ARTIST
(hereinafter referred to individually and collectively as the Master") and of all the performancesembodied thereon; that you have the right to give exclusive distribution rights and to make each andall of the grants herein made to us; and that no other person, firm or corporation has any right, title orinterest in or to the Master or any copy or duplicate thereof, inconsistent with your rights therein,except as are specified herein, and that you have not heretofore done or permitted to be done, norwill you hereafter do or permit to be done, any act or thing which is or may be inconsistent with ourabsolute distribution of said Master and said performances or which may impair and/or curtail any ofthe rights given or grants made in this Agreement.
2. You further represent and warrant :
(a) That, in connection with the recording of the Master, all costs of recording, musicians fees, androyalties to any artists, arrangers, and copyists, if any, have been paid in full by you; that you will besolely responsible for all above stated royalties and will indemnify us and hold us harmless against anylosses, damages, costs or claims of any parties resulting from the services of the artists and musicianswhose performances are embodied on said Master recordings.
(b) That there are no liens, encumbrances and/or obligations upon or in connection with the Masteror with the performance not specifically set forth herein.
(c) You hereby agree to "drop ship" an initial shipment of ______________ units within 21 days ofthe date of this Agreement and, to the best of your ability, to continue to supply us with records whendemand from retail outlets so warrants. The address of the shipping location is:
All record shipments received by us must be with all shipping and handling prepaid by you. It will beour responsibility to pay the shipping and handling on any returns or unsold merchandise.
The term "records", as used in this Agreement, shall be deemed to mean all transcriptions,duplications, encoding or any other method, now known or to be later utilized, used to duplicate theperformance including, but not limited to, phonograph records, audio cassette tapes, digital audiotapes and compact discs.
3. You hereby assign, transfer and grant to us absolutely for the term of this Agreement, the entireright to distribute in the United States and the world without any limitation not specifically set forthhereinafter in and to the Master and all copies thereof and in and to the performances embodiedthereon including but not limited to:
(a) The exclusive distribution of the Master and all duplicates thereof and all the performancesembodied thereon, and all or any parts thereof, edited, excerpted, altered or changed in any manneror by any means whatsoever for the term of this Agreement.
(b) The sole, exclusive and perpetual right in the United States and the world to distribute, advertise,sell and otherwise deal in records manufactured from or embodying the contents of the Master or torefrain therefrom, upon such terms and conditions as we may decide, including the right to use andcontrol all such records and the performances embodied thereon.
(c) The non-exclusive right in the United States and the world to use and publish and to permit othersto use and publish the names, likenesses and photograph of all persons who performed in therecording of the Master, in connection with the sale and exploitation of records produced from theMaster.
(d) The right to distribute copies of the Master in markets outside the United States and to act asnegotiator for you in securing licensing of the Master in presently unsecured territories.
4. In full consideration of the due performance of all the terms and provisions to be performed by youand for all the rights granted to us hereunder, we agree to pay you the sum of _______________foreach record sold and paid for in the United States and Canada. For records of the Master sold andpaid for outside the United States, we agree to pay you ONE HALF (1/2) of all monies received byus. No payment shall be paid for records returned or those records that remain unsold and returnedby us to you.
5. You agree to obtain all necessary mechanical licenses from the copyright owners of thecompositions embodied on the Master and to pay mechanical license fees which may becomeproperly due by reason of the sale of records manufactured from the Master. In the event that youare the copyright owner of any composition or compositions embodied on said Master, you warrantthat you have issued to yourself the necessary documents required by the copyright office.
6. The aforesaid Master is to remain on the _______________ label, however, we will be allowedto add to the label that the record is distributed by us.
7. All payments which we may be required to make to you may be made personally or by depositingthe same, postage prepaid, in any box, chute or other receptacle authorized by the United StatesPost Office for mail, addressed to you at the address specified herein: The date of service of anypayments so deposited shall be the date of deposit.
8. You further agree that for the duration of this Agreement you will not permit these artists to recordthe same compositions embodied within the Master.
9. We will compute royalties under this Agreement within sixty (60) days after the first day of Januaryand July of each year for the preceding six (6) month period and will pay royalties to you within saidsixty (60) days.
10. This Agreement shall be deemed to have been made in the State of _________ and shall beinterpreted and governed by the laws of that state. Should any portion of this Agreement be found tobe invalid or unenforceable, it shall not affect the balance of this Agreement.
11. The duration of this Agreement shall be for ________ years from the above date at the end ofthis time this Agreement shall be null and void and the remaining stock and all rights pertaining tothem shall be returned to you.
12. You further grant to us the right of first refusal to distribute the follow-ups to this release, underthe same terms as set forth in this agreement, and that you will provide said follow-ups within thirty(30) days after receiving notice from us. We must accept or reject these follow-ups within thirty (30)days after receipt of the Master.
13. If any disputes or differences whatsoever shall arise between us in connection with thisAgreement, they shall be submitted to arbitration in the State of ________, in accordance with thelaws, rules and regulations of that state.
ACCEPTED AND AGREED TO BY :
Related Links :
Music-Album Distribution Agreement
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