ALBUM LICENSE
From: ______ Limited London
(”we”/”us”/”our”)
To: _____ Ann Arbor MI 48103 USA
Professionally known as “________”
( ”you”/”your”)
Date: 14/05/2013 Dear _____, We set out below the terms upon which you have agreed to license to use the Recordings (as defined below). 1. The term of this agreement shall be a period commencing on signature of this agreement and continuing for nine (9) months from the date above or, if longer, until 6 (six) months after the initial release in the United Kingdom of the Album comprising the Minimum Commitment
(“Term”). You shall not without our prior consent release or authorize any third party to release
during the Term any other recordings under the art
ist name “
Laurel Halo
”.
2. You shall record and deliver to us within Eight (8) months of signature of this agreement: 2.1 a minimum of Eight (8), and a maximum of Eighteen (18) recordings, with a total running time of not less than thirty (30) minutes (unless otherwise agreed in writing between you and us), embodying your musical performances of previously unrecorded songs which are
technically satisfactory to us (the “Minimum Commitment”) provided that such Recordings shall
be deemed satisfactory to us and accepted by us pursuant to this clause if we have not within ten (10) working days of delivery to us of such Recordings provided to you written reasons why such Recordings are not satisfactory to us; and 2.2 any Recordings made by you prior to the Term as listed in the schedule;
the term “Recordings” hereunder shall mean recordings embodying your
performances as a recording artist and/or musician (alone or with other artists) under
the artist name “
Laurel Halo
” and made prior to and during the Term.
3. The territory of this Agreement and the area in which we shall be exclusively entitled to
exploit the Recordings (the “Territory”) shall be the World and the Universe.
4. We shall have the exclusive right during the Term to make videos to promote the sale and
exploitation of the Recordings (“Videos”). Subject to reasonable notice from us and subject to
your prior professional commitments, during the Term you agree to prepare conscientiously for, and to attend filming sessions at such times and places as we shall reasonably designate and to perform as a recording artist at such sessions for the purposes of making Videos. You and we shall mutually agree the storyboard, director, producer and budget for Videos and other principal creative decisions. And if, after a reasonable period of good faith discussions, you and we are unable to agree any such matter, we shall have the final say.
The artist should try to delete “and if, after a reasonable period of good faith discussions, you
and we are unable to agree
any such matter, we shall have the final say.”
5. We shall use our reasonable endeavors to release or to procure the release for retail sale in the United Kingdom and in other countries of the Territory Records and by EMD embodying Recordings comprising the Minimum Commitment within six (6) months following delivery to, and acceptance in writing by us, of the Minimum Commitment. If we fail to release the
Recordings within that period then you shall have right to serve a thirty (30) cure notice (“the
Cu
re Notice”). If we fail to release before expiry of the Cure Notice then you shall have the right
to terminate the license granted hereunder,
The artist should try to add: “and retain any advance previously paid to you.”
6. For the purposes of this ag
reement “Records” shall mean a physical carrier of sound recordings either alone or with audio visual material and “EMD” shall mean any transmission,
distribution, dissemination or making available of Recordings (or their digitized content) by any means now or in the future known including but not limited to via telephone, satellite, broadcast, wireless, cable and/or the internet whether or not a direct or indirect charge is made including without limitation streams, limited downloads, permanent downloads and the use of Recordings in mobile applications, but excluding the manufacture, distribution and sale of Records. 7. We shall arrange and pay for such press and promotion to accompany the release by us of Records and/or EMD embodying the Minimum Commitment as we shall think fit in our good faith business judgment after consultation with you. You agree upon reasonable prior notice and in any event subject to your prior professional commitments and at our reasonable expense, to attend at such times and places as we shall reasonably designate for the purposes of attending interviews, promotional appearances and photographic sessions, to promote the sale and exploitation of such records and/or to publicize you as a recording artist. You shall not receive a fee for such activities but provided you obtain our prior approval for any expenses you incur in
connection with such activities, we shall reimburse you, on a non-re-recoupable basis, for such reasonable out of pocket expenses incurred by you. The artist should try to add:
“
If you have to travel for such promotional event, we will cover the cost of round trip air fare, accommodations and reasonable per diem.
”
8. We shall be entitled (but are not obliged) to enter into licensing arrangements with any one
or more companies (“Third Party Agreements”) for the purposes of the sale, distribution,
promotion and marketing of Recordings. 9. The period during which we shall be exclusively entitled to exploit the Recordings shall be the period commencing on date of this agreement and expiring six (6) years after the end of
the Term (“License Period”). We shall have a six (6) month non
-exclusive sell-off period after the end of the License Period. The artist should try to add:
“
Immediately following the License Period all rights in the Minimum Commitment will revert to you subject to the six (6) month non-exclusive sell-off period. For avoidance of doubt, (i) we shall pay you your normal royalty and mechanical for that sell-off period; (ii) you shall have the right to exploit the Minimum Recording commitment in any manner you wish; (iii) after the sell-off period, you shall have the exclusive right to exploit the Minimum Recording Commitment in any manner or media throughout the world without any obligation to us.
”
10. We shall pay you the following (non-returnable) advances, which shall be recoupable from your Royalty (but not any mechanical royalties and/or future advances): 10.1 For the Minimum Commitment Album, Eight Thousand (£8,000), payable as to: (a) Four Thousand Pounds (£4,000 ) upon signature of this agreement; and (b) Four thousand pounds (£4,000) upon delivery to us of the Minimum Commitment Album; Plus 100 complimentary cd and vinyl (50 each)