GENERAL TERMS OF Agreement
THE Agreement sets out the Terms agreed on between the following parties:
MINUTE MUSIC Publishing ("the Publisher") and THE ARTIST / COMPOSER [name(s) as shown on the short-form Publishing Contract] ("the Artist / Composer").
WHEREAS the Artist / Composer is a composer, arranger and performer of music and / or author, arranger and performer of lyrics of musical compositions, the Publisher is engaged in the music business and wish to act as a rights administrator and collection agent for the Artist and his/her musical compositions on a non-exclusive basis until the Artist / Composer no longer requires the services of the Publisher.
IT IS HEREBY AGREED as follows:
1. The Artist / Composer grants to the Publisher the right to collect royalties as generated by radio play, gigs, public performances and any other royalties collectable via ASCAP for the songs listed on the Publishing Contract, the ADD NEW SONGS Form (Schedule) and their Full General Catalogue not handled by any other publisher/s.
Where deemed necessary or appropriate the Publisher has the right to engage Sub-Publishers relevant to the recovery of foreign earnings.
2. The Artist / Composer hereby warrants that the songs are completely new and original songs which have not previously been assigned to any other publisher, collection agency or copyright administration company, and do not infringe the copyright in any other song.
The Artist / Composer hereby indemnify the Publisher from and against all costs claims demands proceedings and damages howsoever arising of any breach of this warranty.
The Artist / Composer confirms he/she is a representative of the musical act as stated above and has the authority to enter into Agreement with the Publisher and that all song titles submitted for publishing are genuine songs performed and written by the Artist / Composer or the Artist / Composer and another or all other members of the act he / she represents, and that any gig, airplay, performance or mechanical claim details subsequently submitted for royalty collection are genuine and accurate.
3. The Publisher will credit the Artist / Composer with 50% of all royalties received from ASCAP by payment via their chosen payment method. The minimum accountable value is one penny. All due royalties will be sent to a single point of contact (in the case of multiple non-PRO member songwriters).
If the Artist / Composer is working through a Management / Label and an appropriate signed Contract / Agreement is in place to allow the Manager / Label to administer publishing returns on their behalf, then all accounting may be via the Manager / Label.
If the Artist / Composer is not a member of ASCAP For Music during the Term of this Agreement, any performing rights in Works shall be deemed to be licensed to the Publisher so that the Publisher shall be the Administrator and Owner of the said rights during the Term and shall be empowered in turn to assign the said rights to ASCAP For Music.
4. If the event of the Artist / Composer not being a direct member of any PRO (i.e. PRS / ASCAP / BMI / SOCAN etc) or PPL, we will administrate membership to ASCAP.
If the Artist / Composer is a direct member of any PRO their membership details will have been added to the registrations we make for their songs, meaning that they will receive their full writers share of royalties directly from their ASCAP.
The Publisher will retain 50% of all Digital Royalties subsequently recovered.
(No additional amounts will be sent from us, the Artist / Composer will receive everything due to them directly).
5. A nominal fee of $10.00 will be applicable for any required alteration or amendment to any previously registered titles requested by the Artist / Composer and this amount will be billed to the Artist / Composer.
6. The Artist / Composer understands they are able to give one months notice at any time after a minimum period of 12 months (or 24 months where an ADVANCE option has been requested and approved) to terminate this Agreement. All Agreements for Duos / Bands are issued on a person to person basis and requests for cancellation are dealt with on the same basis.
7. The Publisher will have rights in the recordings to place them into a Synchronisation deal by virtue of issuing a combine Sync Use and Master Use Licence, these rights being non exclusive meaning the Artist / Composer can also submit these recordings to other companies for Sync Promotion or for any other purposes on a similar non-exclusive basis.