AGREEMENT made this ______________day of_____________,20_____ between Stone Tablet Studio Productions/Stone Tablet Sounds (Hereinafter designated as "Publisher") and ___________________________________________________________________ _______________________________________________________________________ (Hereinafter individually, jointly, and/or severally designated as "Writer(s)").
In consideration of the AGREEMENT herein contained, the parties agree as follows:
1. The Writer(s) hereby sells, assigns, transfers and delivers to the above mentioned Publishing Entities, its successors and assigns, a certain heretofore unpublished original musical composition, written and/or composed by the above named Writer(s) now entitled (*List the exact name of the musical work, and any aliases as listed on the Copyright Registration No.):
______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________
Including the title, words, and music, and all copyrights thereof, including but not limited to the Copyright Registration No._____________, and all rights, claims and demands in anyway relating thereto, and the Exclusive right to secure copyright therein throughout the world, and to have and to hold the said copyrights, and all rights of whatsoever nature now and hereafter for and during the full terms of all of said copyrights. In consideration of the agreement to pay royalties herein contained and other good and valuable consideration in hand paid by Stone Tablet Studio Productions/Stone Tablet Sounds to the Writer(s), receipt of which is hereby acknowledged, the Writer(s) hereby sells, assigns, transfers and delivers to Stone Tablet Studio Productions/Stone Tablet Sounds, its successors, and assigns, all renewals and extensions of the copyrights of said compositions to which the Writer(s) may be entitled hereafter, and all registrations thereof, and all rights of any and all nature now and hereafter hereunder existing, for the full terms of all renewals and extensions of copyrights.
2. The Writer(s) hereby warrant and represent that said composition is his/her (their) sole, exclusive and original work, of which the title, music and lyric was written and composed by him/her (them) that said composition is new and original and does not infringe any other copyrighted works, that he/she (they) has the full right and power to enter into this Agreement, that said composition has not heretofore been published, that said composition is innocent and does not contain any matter which, if published or otherwise used will be proprietary right at common law or any statutory copyright or penal law, and that he/she (they) will hold harmless and defend Stone Tablet Studio Productions/Stone Tablet Sounds against any suit, claim, demand, or recovery by reason of any violation of any of the representations,warranties of covenants right or copyright or injurious matter in the said composition, actual or claimed and Stone Tablet Studio Productions/Stone Tablet Sounds is hereby granted the right, in event of any such claim or claims, to make such defense as may be advised by counsel and the costs and counsel fees therefore together with any damages sustained and amounts of any such settlements shall be charged to and paid for by the Writer(s).
3. In consideration of this Agreement, Stone Tablet Studio Productions/ Stone Tablet Sounds, agrees to pay the Writer(s) jointly, during the original and renewal terms of the copyright throughout the world as follows:
( a )An amount equal to (50%) percent of all net earned proceeds received and retained arising out of;
( i )The Mechanical License, including any and all Digital License Fees received by The Harry Fox Agency on behalf of
( ii ) Any and All Digital License Fees received by The Harry Fox Agency on behalf of Stone Tablet Studio Productions/Stone Tablet Sounds, and all of it's affiliates. Any and all online sites which sell digital downloads to the public for profit, etc.
( iii )Any DVD-Audio licenses secured by Stone Tablet arising out of use for music videos, concert footage, and song lyrics through use of a DVD-Audio Disc.
( iv )The "License For Use" License obtained directly on Stone Tablet Studio Productions site by clicking the "LICENSE FOR USE" button.
( v )The recording of the composition on electrical transcriptions. This license is obtained indirectly through our licensee agent on behalf of Stone Tablet Studio Productions/Stone Tablet Sounds, and is obtained indirectly by other licensing agents who may also license songs on our behalf. If Stone Tablet administers the licenses for the aforementioned uses through an agent, trustee of another administrator who is not in the exclusive employ of Stone Tablet (i.e. The Harry Fox Agency), Stone Tablet Studio Productions/Stone Tablet Sounds in determining it's receipts shall be entitled to deduct from gross licenses fees paid by the licensees a sum equal to the charges paid by Stone Tablet Studio Productions to said agent, trustee, or administrator, (Harry Fox) in whatever amount the administrator charges Stone Tablet Studio Productions. The remaining monies owed minus fees will be split 50/50 with the artist.
4. Stone Tablet Studio Productions/Stone Tablet Sounds, and whatever name SESAC will allow Stone Tablet to use in the event Stone Tablet becomes a Publisher with SESAC, agrees to render to the Writer(s) jointly, performance royalties according to the schedules of BMI, ASCAP, and SESAC in the amount of 50% of the publishing royalty only. These royalty payment schedules can be obtained from their respective websites. The mechanical and digital royalties will be paid according to the pay schedule of the Harry Fox Agency in the amount of 50% earned. The "License For Use" royalty is the only royalty obtainable through our site, in which we collect ourselves, and will be paid in the pay schedule they are received in the amount of 50% earned. All royalties received from "License For Use" downloads, performance, mechanical, and digital royalties will be paid according to the pay schedule in which these payments are received in the amount of 50% earned. The following is the pay schedule: January 15, April 15, July 15, and October 15. You must have earned $20.00 in royalties before you receive a check. When you receive $20.00 in royalties, you will be paid in the pay period in which the $20.00 was accrued, and your check will be issued and mailed within 14 days.
5. It is understood and agreed by and between all of the parties hereto that all royalties payable hereunder to the Writer(s) jointly shall be divided and paid among them respectively as follows:
Name Share Percent Performing Rights Society
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
6. Anything to the contrary notwithstanding, nothing in this Agreement contained shall obligate Stone Tablet Studio Productions/Stone Tablet Sounds to print copies of said composition or shall prevent Stone Tablet Studio Productions/Stone Tablet Sounds from authorizing Publishers, Agents, and representatives inside and outside of the United States from exercising exclusive publication and all other rights in said foreign countries in compensation of the customary royalty basis, it being understood that the percentage of the Writer(s) of monies received from foreign sources shall be computed on the publishers net receipts; and nothing in this Agreement shall prevent Stone Tablet Studio Productions/Stone Tablet Sounds from authorizing publishers in the United States from exercising exclusive publication rights and other rights in the United States in said composition, provided the publisher shall pay Writer(s) the royalties herein stipulated.
7. The Writer(s) hereby consent to such changes, adaptations, dramatizations, editing and arrangements of said composition, and the setting of words to the music and of music to the words, and the change of title as publisher deems desirable. The Writer(s) hereby waive any and all claims which they have or may have against Stone Tablet Studio Productions/Stone Tablet Sounds, and/or it's associated affiliated and subsidiary corporations by reason of the fact that the title of said composition may be the same or similar to that of any musical composition or compositions hereto or hereafter acquired by Stone Tablet Studio Productions/Stone Tablet Sounds and/or it's associated, affiliated and subsidiary corporations.
8. The Writer(s) individually and jointly consent to the use of their respective names, likenesses and biographical material and the title of said musical composition in connection with the titles and contents of folios of Musical Compositions containing said composition with other musical compositions and in connection with publicity and advertising concerning Stone Tablet Studio Productions/Stone Tablet Sounds, its successors, assigns or licensees. Writer(s) agree that the use of said names, likenesses, biographical and the title may commence prior to publication and may continue so long as Stone Tablet Studio Productions shall own/or exercise rights in said composition.
9. Written demands and notices other than royalty statements provided herein shall be sent by registered mail.
10. Any legal action brought by Stone Tablet Studio Productions/ Stone Tablet Sounds against any alleged infringer of said composition shall be initiated and prosecuted at Stone Tablet's sole expense, and of any recovery made by it as a result thereof, after deduction for the expense of litigation a sum equal to fifty (50%) shall be paid to the Writer(s).
( a ) If a claim is presented against Stone Tablet Studio Productions/ Stone Tablet Sounds in respect of said composition, and because thereof Stone Tablet Studio Productions/Stone Tablet Sounds is jeopardized, it shall thereupon serve written notice upon the Writer(s), containing the full details of such claim known to Stone Tablet Studio Productions/ Stone Tablet Sounds and thereafter until the claim has been adjudicated and shall hold any monies due the Writer(s) in escrow pending the outcome of such claim or claims. Stone Tablet Studio Productions/ Stone Tablet Sounds shall have the right to settle or otherwise dispose of such claims in any manner as it, in it's sole discretion may determine. In the event of any recovery against Stone Tablet Studio Productions/Stone Tablet Sounds, either by way of judgement or settlement, all of the costs, charges, reimbursements, attorney fees and the amount of the judgement or settlement may be deducted by Stone Tablet Studio Productions/Stone Tablet Sounds from any and all royalties or other payments therefore and thereafter payable to the Writer(s) by Stone Tablet Studio Productions/ Stone Tablet Sounds or by it's associated, affiliated or subsidiary corporation.
( b )From and after the service of summons in a suit for infringement filed against Stone Tablet Studio Productions/Stone Tablet Sounds with respect to said composition any and all payments thereafter coming due the Writer(s) shall be held in trust until the suit has been adjudicated or settled, then dispersed accordingly, unless Writer(s) shall elect to file an acceptable bond in the sum of payments in which event sums due shall be paid Writer(s).
11. "Writer(s)" as used herein shall be deemed to include all authors and composers signing this Agreement.
12. The Writer(s) each for him or herself hereby irrevocably constitute and appoint Stone Tablet Studio Productions/Stone Tablet Sounds, or any of its officers, directors, or general manager, his/her (their) attorney and representative, in the names of the Writer(s), or any of them or in the name of Stone Tablet Studio Productions/Stone Tablet Sounds, his/her (their) successors and assigns, to make, sign, execute, acknowledge and deliver any and all instruments which may be desirable and necessary in order to vest in Stone Tablet Studio Productions/Stone Tablet Sounds, its successors and assigns, any of the rights herein referred to.
13. Stone Tablet Studio Productions/Stone Tablet Sounds shall have the right to sell, assign, transfer, license or otherwise dispose of any and all it's rights in whole or in part under this Agreement to any person, firm, or corporation, but said disposition shall not affect the right of Writer(s) to the royalties herein set forth.
14. This Agreement shall be binding upon and shall inure to the benefit of the representative parties hereto, their respective successors interest, legal representatives and assigns, and represents the entire understanding between the parties.
15. This Agreement must be sent in paper form to Stone Tablet Studio Productions/Stone Tablet Sounds signed by all Authors of the above mentioned musical composition. The Writers agree that this contract is binding in the State of Texas, and any legal disputes arising out of misuse of this contract in the form of copyright infringement will be settled in a court of law in the State of Texas, and this contract is a binding legal agreement between Stone Tablet Studio Productions/Stone Tablet Sounds, and the Writers listed hereof. If in the event Stone Tablet Studio Productions/Stone Tablet Sounds moves it's place of operation to another state after this agreement has been signed, then Stone Tablet has the sole right to change the venue to the state it has moved to in the court of law of that state. There is absolutely no exception to this rule, and all parties understand this.
16. Cancellation: If the Writer/Writers of the above listed musical composition decide they no longer want Stone Tablet Studio Productions/ Stone Tablet Sounds, and all of it's affiliated names corresponding to the several Performing Rights Societies as their Publisher. The Writer/Writers must send a formal written request stating the reasons, along with an non refundable money order, or cashier's check for $50.00 to process their request. Stone Tablet will have to remove the song from the Performing Rights Society, the Harry Fox Agency, and any and all it's affiliates. Stone Tablet will have 60 days to review this request, and send a formal written response to the request, and then the song will revert back to full ownership of the Writer/Writers. However, if in the event, a contact directly related to Stone Tablet Studio Productions/Stone Tablet Sounds, and it's affiliated performing rights Societies, and Licensing Agents; namely BMI, ASCAP, SESAC, Harry Fox; uses the above mentioned musical composition directly related to contact through Stone Tablet, the musical composition will be assigned to Stone Tablet Studio Productions/Stone Tablet Sounds, or one of it's affiliated performing rights society names for the terms of the agreement made. If we receive interest in your musical composition after you have left, we will contact you, and if you are interested, we will send you a continuance letter, which allows us to negotiate on your behalf, reassigning the song to our catalog.
IN WITNESS WHEREOF, the parties have hereunder set their names the day and year first above written.
BY:________________________________________Date:____________________
BY:________________________________________Date:____________________
BY:________________________________________Date:____________________
BY:________________________________________Date:____________________
Address for all correspondence regarding the above mentioned musical composition:_______________________________________________________________ _________________________________________________________________________ _________________________________________________________________________
Publisher: Stone Tablet Studio Productions/Stone Tablet Sounds/SESAC Publishing Entity to be announced at later date:
Signatory for Stone Tablet's Publishing Entities:_________________________________________Date:____________
Title of Signatory for Stone Tablet's Publishing Entities: ___________________________________________________
Signatory when received in our office: ________________________________________________Date:_____________