Hi John, here is the agreement I came up with. Anything insight you can offer would be greatly appreciated. Thanks again.
In exchange for no compensation of any kind, now or in the future, the undersigned, [________________________________] as the copyright holder (herein referred to as "Artist", "Performer", "Composer", "Me", "Myself" or "I"), hereby expressly grant [____________________________] it's assigns, licensees and other successors-in-interest (herein referred to as "Producers"), nonexclusive, royalty-free, license and privilege to use my original instrumental compositions and performances, musical compositions and performances, and any vocals and/or other sound effects produced by Me, or any simulation thereof (as detailed below, herein referred to as "Performance") to be incorporated in the short narrative tentatively entitled "[______________________]" (herein referred to as the “Film”) and/or editions of the Film now known or later developed, on the following conditions:
(1) The Producers can enjoy the free use of the Performance only in connection with the production, distribution, exhibition, advertising and exploitation of the Film or promotional compilations (sometimes referred to as Filmmaker's Reel) in any manner and by any means whatsoever, forever and for use worldwide and in perpetuity, across the universe. However, I reserve the right to negotiate any normal compensation (one-time and/or ongoing) - and I shall be notified in writing by the Producers - should any portion of the Performance be re-created and/or re-recorded as a stand alone Performance outside the scope the Film (this will include, but not limited to: soundtrack, separate release and/or production and/or re-recording of any portion of the Performance; for example, the desire for another party to record any portion of the Performance as an independent audio or any other kind of musical sound and/or audio-visual performance).
(2) The Producers will bear 100% of any and all costs associated with their use of the Performance as detailed in this agreement.
(3) It is understood that, other than what is specifically granted in this agreement, I am retaining complete control of all copyright ownership and privileges of any and all portions of the Performance and the grant to use any and all portions of the Performance to the Producers is limited only to the scope of this agreement. I am under no obligation to notify the Producers should I choose to use any or all portions of the Performance for my own desires.
The Performance includes:
(i) Underscore for the Film
(ii) The song "[____________________________]"
(iii) The song"[____________________________]"
Performance screen credit on the Film shall be as follows:
Single frame credit "Original musical score composed by[ ___________________]"
Rolling credit for songs "[song Title], written and performed by [_________________]"
All Performance credit shall include copyright notice "[year] by [__________________]"
I warrant that I have full authority and rights to grant permission(s) to the Performance offered and submitted herein and that the Performance does not infringe on any proprietary and /or intellectual property rights of third persons or contain any information that is unlawful, defamatory or violative of any person's right to privacy and/or publicity. I agree to defend, indemnify, and hold harmless the Producers, it's officers, directors, agents, employees, licensees, assigns and all persons acting under the Producers permission or authority, or those for whom the Producers is acting, from and against any and all liability, claims, expenses, costs, or damages arising out of my failure to meet the aforementioned warrant.
This Agreement expresses the entire agreement between Myself and the Producers and shall replace and supersede all prior arrangements and representations, either oral or written, as to the subject matter hereof. I agree to sign additional documentation as Producers may reasonably require in order to effectuate the purposes and intent of this Agreement. This Agreement shall be deemed to have been negotiated and entered into, and shall be construed in accordance with the laws of the State of ___________. This Agreement may be amended or modified only by the written agreement of Me and the Producers. This Agreement shall be deemed to have been drafted by all the parties hereto, since all parties were assisted by their counsel in reviewing and agreeing thereto, and no ambiguity shall be resolved against any party by virtue of its participation in the drafting of this Agreement.
In witness whereof, the parties hereto have executed the Agreement as of _______, 2011.
Signature by authorized person