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FILM SYNCHRONIZATION CONTRACT
THIS AGREEMENT, dated the ________ day of _____________, 20____,
between_________________, (hereinafter referred to as "Composer" and
__________________________________, (hereinafter referred to as "Employer").
WHEREAS the Composer has hereto written and composed certain musical compositions, lyrics
and arrangements, including arrangements of public domain material (all herein
called (Music) as independent contractor of _______________________ Employer in
connection with the motion picture 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 a
non-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, in
connection with the motion picture as defined herein, whether or not now known,
invented, used or contemplated, 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 and things
referred to in this paragraph and to refrain from all or any part thereof. Employer or its assigns may 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 the Picture in any
manner, and Composer hereby waives the "moral rights" of authors, as
said term is commonly understood throughout the world. Said license of rights is conditioned upon
and subject to the 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 which Employer reserves the right to perform
the Music.
(b) Under
no circumstances shall the Composer, and of his successors in interest, or
anyone acting in his behalf, have the right to take any proceedings that would
have the effect of enjoining and/or preventing and/or otherwise interfering
with the public exhibition and performance anywhere in the world and by any
means or method now or hereafter known of motion pictures with the Music
included therein, nor shall Employer or any distributor of such motions picture
be liable to Composer for any action that the association or anybody may or may
not take in administering the remaining performing rights or for any payments
that the licensing organization (A.S.C.A.P., B.M.I. etc..) may or may not make
to the Composer.
(c) Neither
Employer or any distributor of any motion picture shall be liable to the Composer, or his successors in interest, or to the licensing body or its affiliates, for any payment of any sums by reason of performances of the Music as contained in the motion pictures, with the exception of payment of the statutory mechanical rate at the time of execution of this Agreement paid by Employer to Composer or his music publisher for the sale to the public of the Music on sound tracks released as phonorecords, video tapes, compact discs, cassette tapes or any and all methods now known or that may 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 as included in motion pictures or to otherwise
interfere in any way with the distribution and exhibition of motion pictures
containing the Music.
(e) For
the purpose of protecting motion pictures in which any music is used or to be
used, Employer or its assigns shall always have the right to impose
restrictions upon the performance of such Music apart from motion pictures.
2. As used herein, the following terms shall
unless the context clearly provides to the contrary, have the following
meanings:
"Motion
picture" or its equivalent means and includes, but is not limited to
motion pictures cinemagraphic films and
photoplays of every kind and nature whatsoever (including films for television,
video tapes, and films produces electronically), including the sound track
thereof, as well as trailer, clips and portions thereof, and copies of any of
the foregoing, produced by any means now known or hereafter known, invented,
used or contemplated by which photographs, pictures, images or 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 later projection 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 nature whatsoever produced
by means of electrical, electronic, mechanical, or other processes or devices
now known or hereafter known, invented, used or contemplated by which sound may
be recorded for later transmission or playback in synchronization or timed
relation with motion pictures or separately on phonograph records, or
otherwise.
"Copies",
with reference to a motion picture or sound track, means and includes any
negative or positive print, dupe, negative, video or other electronic tape
recording, disc or other physical article of 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 the copyright 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 motion picture (including the
Music), publicly, whether theatrically, on free pay or subscription cable
television, 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
By: ___________________________
EMPLOYER
By: ___________________________
COMPOSER
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