Exemple de contrat Anglais

CONTRACT AND ASSIGNEMENT OF PUBLISHING RIGHTS

CONTRACT AND ASSIGNEMENT OF PUBLISHING RIGHTS

 

1.The undersigned:

 

 

 (or its successor(s) in title, hereinafter to be called “the publisher”) ;

 

2. Lyricist and composer :

 

Address ????

Pasport number?????

 

 

 

(hereinafter to be called : “the authors”) ;

 

WHEREAS:

The authors are holders of the copyrights of  music and/or lyrics and/or arrangement of the following original piece(s) of music:

 

1.        ????????

2.        ????????

 

Etc,etc………

 

  

The publisher wants to publish this (these)  piece(s) of music or have it (them) published with due observance of the conditions mentioned on the following pages attached hereto. And further declare to have agreed that the authors fully and irrevocably transfer the publication, reproduction, synchronization, video and all possible future rights in the copyrights pf the piece(s) of music mentioned in the preamble to the publisher who declares to accept this transfer.

 

 

Subject to the authors’ consent the publisher has the right to change the title on publication, to alter the melody or text and to prepare musical adaptations and arrangements for all instruments.

 

  1. Parties are cognizant of the fact that the appropriate
  2. organization have the right of collection of certain performing rights , which right – in whatever way this may be phrased by Performing Right Societies – is not considered in contravention of this assignment.

 

  1. This assignment is for the full period of copyright (including any renewals or extensions thereof) and has operative power for the whole world.

 

  1. The author(s) guarantee that they can fully and solely dispose of the copyrights of the foregoing piece(s) of music and that they have neither fully nor partially assigned these rights to third parties or have given consent for edition. The authors accept the obligations to make compensation for any coasts, damages and interests ensuing from the non-compliance with this article.

 

  1. The authors declare that foregoing work(s)  is (are) original work(s) or is (are) (a) work which do(es) not infringe anyone else’s right.

 

  1. The authors bind themselves not to re-use or to make the basis of a new work from any melody, fragment and/or recognizable part from this(these) work(s).

 

  1. Any claim for damages from third parties ensuing from the articles 4 and 5 will be borne entirely by the authors.

 

  1. As a consideration for this transfer the authors receive a royalty of  ten percent (10%) per title of all copies for piano or other instruments or vocal use sold and paid for the publisher. Publication for orchestral use , as well as the entire or partial inclusion in medleys, in albums, and the like, are exempt from the payment.

 

  1. In the possible event of transfer by the publisher of the exclusive right of publication of the work(s) mentioned to third parties abroad, the authors will receive fifty  percent (50%) of the net proceeds.

 

  1. The authors grant the publisher the irrevocable right, without receiving or owing any payment there from, to proceed to the production of gramophone records, CDs, DVDs, musical tapes and rolls, sound-film, video and any mechanical reproduction, without exception .

 

  1. The publisher is entitled to transfer the publication, reproduction, synchronization, video and all possible future rights of the work(s) mentioned in the preamble assigned under this agreement, provided the rights of the authors as they ensue from this agreement are observed by that (those) third party(ies).

 

 

  1. The performing rights and mechanical reproduction rights will be apportioned according to the scale of apportionment of the appropriate copyright organizations                 , while the authors give their consent in the case of sale/transfer abroad to make fifty percent (50%) of each of the rights mentioned available to the two publishers together.

 

  1. If the publication of the foregoing work(s) should yield profits, for which this agreement makes no provision, apportionment of these profits likewise occurs on the basis:fifty percent (50%) on behalf of the authors and fifty percent (50%) on behalf of the publisher.

 

  1. If the authors at the time on which the agreement is concluded are not affiliated to any Dutch or foreign mechanical rights organization, they transfer on a word-wide and integral basis to the publisher the mechanical rights to the work(s) , that is to say the exclusive authority to produce and circulate gramophone records, CDs, DVDs, sound recording tapes, and so on, intended to perform this (these) work(s) mechanically. The publisher will then collect the mechanical rights or have these collected, after which it will  distribute to the authors the share accruing to them, which share will be based on fifty percent (50%) of the receipts of the publisher on account of the provision article.

 

  1.  The publisher will pay to the authors any royalties accrued by the publisher from sales of printed music within 90 days after June 30th and December 31st of every calendar year.

 

  1. The publisher will have the right to assign its rights in this contract to its fully owned and controlled foreign affiliated companies, where – and whenever appropriate.

 

  1. The authors invariably choose domicile at the office of the publisher its designee so far as this authors’ contract is concerned, notably in respect of acts of legal nature. Any disputes with reference to or relating to this agreement are exclusively brought before the competent Judge in

 

 

Publisher :                                                    Author (composer, lyricist and arranger):

 

 

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