|Perfect Number of Pages to Order||5-10 Pages|
MUB 202 Music Business Contracts Prof Colfin Assignment
1 The assignment concerns the attached Exclusive Songwriter Agreement which follows these directions below.
GO Through the contract with a highlighter and focus on the 3-6 important words in each sentence or clause. This will help you spot the important information. The KEY WORDS in each clause.
On a separate sheet TYPE UP IN OUTLINE FORM, using short statements, at least 20 of the important points found in the Agreement below .
Use plain English. Write short, simple, clearly stated numbered points in YOUR OWN WORDS. Follow the flow of the agreement.
What SPECIFICALLY does MY exclusive songwriter AGREEMENT tell you?
HINT – DETAILS – SPECIFICS – NOT OPINIONS !! – Don’t tell me what you think is fair or unfair. – WHAT DO YOU SEE?
WHO are the parties ? WHEN does the agreement begin and What is the Duration of services? What is the duration of Publisher’s rights? HOW MUCH does each party earn? HOW is the amount earned determined? How is it paid, and when? DON’T STOP THERE !! – YOU NEED MORE.
What else is going on?
WHAT specific rights are granted ?
WHAT are the obligations of each party?
WHAT are their responsibilities to each other? Look closely.
How do the parties communicate if there is a problem? What if there is a dispute?
You need to understand what you see before you can figure out whether you like it or whether you can change any of it.
Lastly – Follow the numeric flow of the agreement itself as you draft your outline
Post BOTH the Marked UP copy of the Contract AND the OUTLINE on SCHOOLOGY for my review and grading.
DUE FRIDAY February 21, 2020 11:59 PM Agreement made this 12th day of October, 2017 by and between WE EXPLOIT ALL SONGS MUSIC PUBLISHING, INC., whose address is Music Row Nashville, TN (hereinafter referred to as “Publisher”) and Joseph P. Murgatroyd III p/k/a JOE BLOW residing at The Chelsea Hotel NY, NY, (hereinafter referred to as “Writer”).
(b) The Term shall commence on the date hereof and continue, unless extended as provided for herein, for a First Contract Period (the “First Contract Period”) ending one (1) year from the date hereinabove.
(c) Writer hereby irrevocably grants to Publisher four (4) separate consecutive options to extend the Term for “Second”, “Third”, “Fourth”, and “Fifth”, Contract Periods, respectively. Such Contract Periods shall be one (1) year each. Each such option shall be exercised automatically by Publisher unless written notice to the contrary is sent to Writer, from Publisher, at least Thirty (30) days prior to the date the then current Contract Period would otherwise expire.
(b) Writer shall deliver, assign, and transfer to Publisher any unpublished songs written or cowritten prior to the term hereof, and any original songs created, written, or cowritten by Writer during the Term hereof.
(A) Fifty (50%) percent of all net sums actually received by Publisher by reason of the exercise with in the United States of mechanical, electrical, digital, transcription, reproduction, motion picture, television, printing (other than as provided above), or any rights (except public performance rights) therein.
(B) Fifty (50%) percent of all net sums actually received by Publisher by reason of the exercise in other countries outside of the United States of mechanical, electrical, digital, transcription, reproduction, motion picture, television, printing (other than as provided above), or any other rights (except public performance rights) therein.
(b) The decision as to whether any claim should be made or any legal action should be brought against any alleged infringer of the Musical Compositions shall be made solely by Publisher. Writer, at his sole expense, may participate in the defense of such claim, but Publisher shall have the absolute right to control the defense and to settle or otherwise dispose of such claim in any manner which Publisher may determine.
(c) For the duration of any proceeding or claim Publisher may withhold royalties due to Writer up to the maximum amount claimed, plus attorney’s fees and other costs and expenses, and may apply such withheld royalties in satisfaction of Writer’s obligation to indemnify Publisher