[Licensing For Independent Film]

John, thanks again... btw, my name is Bruce.

I made some comments right after each of your points...

You do not restrict what work you are allowing to be used in terms of specific recordings, otherwise, should you re-record it in any form the producers could try and use that new re-recording (unlikely but you never know).

I'm not sure what you mean... this is what I put in:

The Performance includes:

(i) Underscore for the Film

(ii) The song "[____________________________]"

(iii) The song"[____________________________]"

Additionally you should ensure that any action taken against the producers of any kind that does not directly relate to your song is entirely up to them. In no way should any action against them be shared by you.

Excellent point

You could stipulate that should the film gross more than  a certain amount you get a royalty. I know you have a statement regarding derivatives and the negotiation of a fee or royalty.

I might have missed it on the quick scan but perhaps you might want to have your approval sought for sub-licensing, and specific conditions for rights of agents, affiliates, sub-licensees and in particular what rights are inherited by them

I have to keep balance here of maintaining my rights for my own future use and not aggavating the producers. If I can work out this agreement, this has the chance to get my name out there and possible future opportunities.

Thanks again for your help... BTW, I'm listening to your Bibi M project with Barbara... tres cool. It's got a Madonna like feel to it. I like it.

/ bruce

[Licensing For Independent Film]

Hi John, here is the agreement I came up with. Anything insight you can offer would be greatly appreciated. Thanks again.

/ bruce

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.

Producer

_______________________________________

Signature by authorized person

Composer/Performer/Artist

Signature___________________________________

[Licensing For Independent Film]

I am happy to try and help you understand whatever you get your hands on or create but I am not a music lawyer, or indeed any kind of lawyer, so any advice and indeed your adaptation of the Songstuff copyright permission statement is without prejudice  and to be used entirely at your own risk. (he said sounding like a lawyer.

If nothing else I have learned it is that to get ahead as a writer without being completely ripped off you must be able to understand contracts and contract terms, be that as a writer or a musician in a band, and learn to understand the implications of each term. relying on a lawyer alone is not the best way to get the deal you want and to be honest it is up to you to negotiate those terms (unless you have a personal manager!).

Cheers

John

Wow... thanks very much, John. I may just take you up on your offer to help.... I'll be in touch. Thanks again

/ bruce

[Licensing For Independent Film]

I'm looking for a sample contract that will allow me to license the use of my original work to a small, independent film producer. The work consists of the underscore and original songs for a short film. Ideally the contract will allow me to keep the copyrights for the work for my future desires and still allow the producer to use it for his film. I think this is sometimes referred to as a non-exclusive licensing agreement.

Some background may help...

The producer wants me to sign his "work for hire" release. The "work for hire" release provides no compensation for my efforts nor any recourse for my future use of the compositions. While the relinquishing of my future rights is a standard feature of a typical "work for hire" release, it usually is accompanied by an up front fee and back-end royalties. Since this is a low budget project I'm okay with allowing my music to be used for no compensation (I would be getting my name out there, so that's something). I also feel it is reasonable for me - in exchange for no compensation - to retain future use of the compositions should I wish to record them as independent pieces or have someone else record them.

Any help or sample contracts you may have would be greatly appreciated.

Thank you in advance

/ bruce