A BMI MUSIC PUBLISHING AFFILIATE CAE/IPI #: 682938498
POET/SONG WRITER PUBLISHING CONTRACT
Entered into this date of__________ __, ____, by and between:
__________________ _______________ ________________
Also known as the Writer
Also known as the Publisher
1.0 This agreement shall start on_________ __, ____ and end seven years after the previous date here stated.
1.1 This shall be referred to hereafter as
”THE PUBLISHING GOAL.”
1.2 The Publisher is granted option to extend this agreement by one year increments based on identical conditions of the initial term, but not to exceed an aggregate total of 15 years.
1.3 The foregoing notwithstanding, the Writer retains the option to deny these extensions unless the Publisher has obtained, either directly or indirectly, commercially released recordings of the Controlled Compositions during the original time period.
2.0 The Writer assigns to the Publisher all rights throughout the world all rights through out the world in the compositions listed on Schedule A as attached herein.
Within this contract the word “ composition” shall include music, words, title and video.
The Writer also assigns to the Publisher all rights in the composition Created by the Writer, during the term and under the conditions this agreement. The foregoing not withstanding, these works are offered the Publisher on a first refusal basis only.
3.0 If the Publisher does not agree to accept them for publication and exploitation within 60 days of their being offered. The Writer reserves the right to assign them to any other publisher.
3.1 all works listed on Schedule A, and all works described under which the Publisher accepts, are hereinafter referred to as the Controlled Compositions.
4.0 The Writer warrants that all of the controlled Compositions are original, and, as sole author and composer, the Writer has not borrowed, paraphrases or otherwise made use of any other copyrighted material for them.
4.1 The Writer indemnities the Publisher against financial loss is a copyright infringement action or any such similar action is adjudicated as meritorious, or in a situation where copyright infringement action is settled and made with the Writer’s consent.
5.0 In consideration of this agreement the Publisher agrees:
5.1 To pay the Writer one half of the Publisher net receipts that are generated by the Controlled Compositions in the United States and Canada through the granting of licenses, rights, and permits for all forms of media communication now known or later developed. All moneys due Writer from the Publisher are to be held in trust account until paid.
5.2 The foregoing notwithstanding, the Writer shall not receive any of the Publisher’s share of income from any performing rights organization anywhere in the world, and the Publisher shall not receive any of the Writer’s share of income from any performing rights organization anywhere in the world. 5.3 The Publisher shall not grant a mechanical license at a rate lower the prevailing statutory maximum to any individual or company with whom the Publisher has any affiliation of financial interest. 5.4 To pay the Writer 50 percent of the wholesale price on the sale of all printed and electronic editions in the United States and Canada.
5.5 Royalties are to be paid for each Controlled Composition and the Writer denies the Publisher the right to cross-collateralized royalties except to the extent required for the recovery by the Publisher of all royalties advance to the Writer.
5.6 No cross-collateralization of any kind is permitted the Publisher in respect to any royalties or other payments made to the Writer by the Publisher affiliated Record Company or Companies.
5.7 If a dispute arises between the parties, the royalties applicable to the disputed Controlled Composition(s) shall not in any way limit or delay payment or royalties due the Writer from any other Controlled Composition.
5.8 Where a Controlled Composition has more than one author or composer, the share of royalties among them shall be apportioned in accord with addendum No. B attached here. When the Publisher engages an author or composer to function with the Writer as a co-writer. Editor (if in the event there was an agreement established between the writer (writers)), Song doctor, or arranger, the sharing of writer’s royalties shall be appointed in accordance with the relative value and extent of the creative contributions of the Writer and co-writers, and these apportionment's shall be negotiated by the parties in good faith.
5.9 The parties recognize that their relationships with foreign publishers, sub publishers, affiliates, and licenses are presently in flux, and the Writer and Publisher agree to determine by mutual consent the fair sharing of royalties and other income derived outside the United States and Canada on a territory by territory basis. These issues shall be set forth in addenda and attached to this contract as schedule B.
5.10 If the ownership and copyright of any Controlled Compositions should transfer from the Publisher and revert to the Writer, all paper or electronic manuscripts, and all audio and video footage on that Composition become the property of the Writer at that time.
5.11 The Publisher herein grants to the Writer the right to engage a qualified accountant to examine the Publisher’s books and other financial documents relating directly to the Controlled Composition(s) covered by this contract following receipt of a reasonable notice.
5.12 The cost of such audit is to be borne entirely by the Writer with the following exception:
5.13 In respect to any royalty statement rendered to Writer by the Publisher, If the Writer is found to be owed a sum equal to or greater than one hundred fifty percent (150%) of the sum shown on that particular royalty statement as being due the writer, then the Publisher shall pay the cost of the audit in an amount not to exceed fifty percent (50%) of the amount shown as due the Writer.
6.0 The Publisher acknowledges that the Writer’s reputation and Writer’s potential income relate importantly to the originality and quality of the Controlled Compositions as well as to their use. The Writer acknowledges, however, that the Publisher has the right to make minor changes in Compositions, and further has the day to day responsibility of determining the best way to exploit them.
6.1 To balance interests of all parties in this respect, it is herein specifically agreed that the Publisher has the right to do any of the following in this context only with the consent of the Writer, whose consent shall not unreasonably withheld:
6.2 Grant a synchronization license for use in a Controlled Composition.
6.3 Use the Writer’s likeness, photograph, or name to exploit a product or service without the Writer’s consent in respect to appropriateness and good taste and without paying the Writer a royalty commensurate with exploitation value. ( This is for Exploiting to other venues other that the Poetry Train world wide website, and sites linking to Poetry Train in regards to plugging your works consented.)
6.4 Grant a Grand Right in connection with the production and performance of a Controlled Composition as dramatic musical work or play.
7. POWER OF ATTORNEY
7.0 Power of Attorney. The writer appoints the Publisher as his/her attorney in fact to represent his/her interests in the controlled compositions, control trusts, and act on behalf of the Writer.
7.1 The foregoing not withstanding, the Publisher may sign contracts and other major documents only in those instances where the writer is unavailable within a reasonable period of time to sign.
7.2 This limited power of attorney may not be revoked at any time except when the writer reasonably determines that the publisher has used this limited power of attorney improperly and against the writer’s best interests.
8. RIGHT OF ASSIGNMENT
8.0 The Publisher reserves the right to assign this contract to another fully qualified publisher capable of serving the writer’s interests in a professional manner. The writer grants this right of assignment provided the assignee assumes all responsibilities and obligations of the first publisher set forth in the present contract.
9.0 If the Publishing Goal is not reached, the Writer will grant the Publisher a run-out period of six months beyond the initial term set forth under 2.0.
9.1 If by the end of the run-out period, the Publishing Goal has still not been reached all rights in any Controlled Composition not released revert totally to the Writer.
10. DEFAULT, CURE
10.0 If either the Publisher or the Writer asserts that the other party is in default or breech of this contract the aggrieved party shall provide written notice setting forth the nature of the dispute. The accused party shall then be allowed 30 days to cure the alleged default, during which period on default or other grievances shall be deemed incurable.
11.0 The parties agree to submit all disputes to the American Arbitration Association and be bound by and perform any award rendered in such arbitration.
12.0 This Document shall constitute the entire agreement as stipulated above in contract, and no change may be made or had without the express written consent of both parties at any time.
The terms of this Contract shall be enforceable within the contiguous limits of the Continental United States of America by either party at any time, and all notices sent by either party as listed below shall be sent by Registered U.S. Mail
444. S. Church #220
Princeton, Illinois, 61356
14. FOR THE PUBLISHER
John E O’Hara
Minor Contract…. Signature of Legal Guardian:
16. WITNESSED BY:
In The County of:___________________ State of:_____________________
Attach Schedule A as a part of this contract, and consent to exploit works on Poetry Train
Attach Schedule B: if apply
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