Specimen Commissioning Agreement: Commission
Specimen Commissioning Agreement: Commission
This Agreement is made on this________________________day of ________________________2012 between Joseph Bell of Joseph Bell Music (the omposer! and "a#e onnors of __________________________________________________(the ommissioner! 1$ COMMISSION a! The ommissioner hereby commissions the omposer to compose original music (the %or&! for inclusion in the sound trac& of %endy's (carf) b! Title(s! of %or&* %endy's (carf the +ee ,--0 2$ COPYRIGHT The copyright and all other rights in the %or& to the e.tent not e.pressly granted to the ommissioner shall belong absolutely and be reser#ed to the omposer$ PERFORMING RIGHT 0f the omposer is a member of 12( this contract is sub3ect to the e.press reser#ation of the rights in the %or& which ha#e been assigned to the 12($ MECHANICAL RIGHT a! 5otwithstanding lause 2 abo#e and sub3ect to the agreements between the ommissioner and the M 1( or 12(6 the omposer will grant a licence to the ommissioner to record and copy the %or& only in connection with the 1rogramme and publicity and ancillary promotion relating to the 1rogramme for* i! worldwide tele#ision (both standard and non7standard!) b! 5otwithstanding lause 2 abo#e6 the omposer will negotiate in good faith the grant of a licence to the ommissioner to record and copy the %or& on audio and audio7#isual de#ices embodying the 1rogramme for sale or hire to the public throughout the world on terms to be agreed which terms shall include the payment of royalties at a rate not less than the appropriate rate published by M 1( -$ PAYMENT TERMS a! 0n consideration of the commission6 the ommissioner agrees to pay the omposer the +ee specified in lause 1b! as follows* in ,100 instalments at the start of each month6 with the whole amount paid by +ebruary 1st 201/$ CREDITS The omposer shall be accorded credit on screen or on air separately in the main credits (sub3ect to lause /a of the Terms and onditions! and6 if a licence is granted under lause 4b (abo#e!6 on the pac&aging of all audio and audio7 #isual de#ices embodying the %or&$ LAW This Agreement will be interpreted in accordance with the laws of :ngland and the ourts of :ngland and %ales shall be the ourts of Jurisdiction$ TERMS AND CONDITIONS The Terms and onditions detailed o#erleaf shall form part of this contract$
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TERMS AND CONDITIONS 1$ 2$ This Agreement shall ensure to the benefit of and be binding upon the ommissioner and the omposer and their respecti#e successors and assigns$ 5othing herein contained shall pre3udice the rights of the omposer to recei#e royalties distributable by the M 1( from licensing agreements on first performance of the 1rogramme or any e.port or other fee or royalty in those instances where the agreement between the broadcaster and M 1( so pro#ides$ a! The omposer hereby asserts his<her Moral 2ight of paternity as defined under s$99 of the opyright "esigns and 1atents Act 1=;; (as the same may be amended #aried or re7enacted! (>the Act?!$ b! The omposer grants to the ommissioner the right to edit the music as may be reasonably re@uired in connection with the 1rogramme$ All monies paid to the omposer under this Agreement shall be e.clusi#e of all ta.es6 including AAT$ The ommissioner will pay all fees and other sums due to the omposer by +ebruary 201/$ The omposer hereby warrants that* a! the %or& is<will be an original composition) b! the omposer or his<her assignee is<shall be the owner of the copyright thereof) c! the omposer is free to enter into this Agreement$ d! the omposer is a B@ualifying indi#idualC within the meaning of the Act$ The ommissioner hereby underta&es* a! to supply the omposer with a copy of the Music ue (heet and on re@uest the opportunity to chec& this with a copy of the 1rogramme in its final #ersion and the ommissioner underta&es to alter any errors in the Music ue (heet promptly and to submit the same to the broadcasting<transmitting authority or distributors of the programme$ b! to ensure that all copies of the 1rogramme6 supplied by the ommissioner and its sub7licensees are accompanied by a copy of the Music ue (heet and that the appropriate broadcasting<transmitting authority<distributor will be notified of the full details of the %or& (Title(s!6 "uration6 omposer and copyright owner! in order that such authority<distributor may fully comply with its obligations in respect of the use thereof to all rele#ant collection societies including without limitation 12( and M 1( and their affiliates$ c! upon the reasonable re@uest of the omposer to supply to the omposer full details of all sales of the 1rogramme and of any o#erseas transmissions and any other e.ploitation of the 1rogramme including any #ersion or translation thereof$ %ith the composersC consent6 the ommissioner may assign its interest under this Agreement pro#ided that written notice and full details of the assignment are gi#en to the omposer promptly and the assignee enters into a direct agreement with the omposer$ :ither party shall be entitled to terminate this Agreement upon written notice with immediate effect in the e#ent that* a! the other party is in material breach of any of its obligations hereunder and fails to remedy the rele#ant breach within 14 days of its receipt of written notice specifying the breach and re@uiring its remedy) or b! the other party becomes insol#ent or enters into li@uidation or administration or ceases trading or enters into a composition with its creditors$ 0n the e#ent of termination under this clause6 any licenses granted to the ommissioner by the omposer under this contract will terminate automatically and forthwith but without pre3udice to rights granted to third parties$ 5othing in this Agreement will gi#e rise to a partnership 3oint #enture or relationship of employer<employee between the ommissioner and the omposer$ Any notice ser#ed pursuant to this Agreement shall be deemed #alidly ser#ed if deli#ered by hand or sent by prepaid first class post to the rele#ant address specified abo#e or to such other rele#ant address as is subse@uently notified to the party sending the notice$ A courtesy copy of any notice to the omposer shall be sent simultaneously to the MusiciansC Dnion6 80782 lapham 2oad6 Eondon (%= FJJ for the attention of the General (ecretary$
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omposer ommissioner
SCHEDULE
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omposer will ma&e all necessary arrangements for the %or&to be recorded for incorporation into a fully edited and mi.ed master recording (>the Master?!$ HThe Master shall be deli#ered to the ommissioner on or before ____________ or such other date as may be agreed in writing between the parties$I ommissioner shall use all reasonable endea#ours to facilitate the recording of the %or&s and "eli#ery of the Master by the omposer$ The Master shall be deemed accepted by ommissioner and "eli#ery to ha#e ta&en place if no notice in writing of non7acceptance is recei#ed by omposer within 9 days of physical "eli#ery$ >"eli#ery?<?"eli#ered? shall mean the deli#ery of all applicable Master together with all necessary consents under 1art 00 of the Act and sample clearances in writing to enable ommissioner fully to e.ploit the Master in the 1rogramme throughout the world$ The omposer grants the ommissioner such rights to edit the Master as may be reasonably re@uired in connection with ma&ing the 1rogramme$
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omposer hereby assigns worldwide copyright and all other rights in the Master to ommissioner