Contract

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Dave King
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2010/08/16 21:59:52 (permalink)

Contract

Hi,
 
I submitted a song to a non-profit organization for a compilation CD which will be used as part of a fund-raising effort.  I'm happy to report that my song was selected (out of many submissions) to be included on the CD.  All monies raised will be donated directly to the United Way.  My understanding is that the music will primarily be distributed through iTunes.  Below is the contract they want me to sign for this project.  I would appreciate you taking a quick look at it and let me know if anything jumps out at you.
 
 
 
(The names have been changed to protect the innocent)
 
 
 
I hereby agree and grant "Organization" the following:
 
(1) The donation to the United Way's relief efforts and all proceeds associated with my musical composition entitled “X” by artist Dave King (hereinafter "submitted music") that accrue via downloads occurring on Apple Computer, Inc.'s "iTunes" music service.
 
(2) Term: from the date of this Agreement through March 1, 2012.
 
(3) Territory: the world
 
(4) Royalty: none with all proceeds to going to the United Way as specified herein
 
(5) Mechanical royalty: waived
 
I understand that this Agreement does not affect my ownership and intellectual
property rights in the submitted music.
 
I explicitly affirm that the submitted music is my original work of art.
 
I am 18 years of age and am competent to contract in my own name.
 
I agree that I am duly authorized to execute this Agreement.
 
I confirm and agree that the musical composition title and name of artist as expressed in (1) above are accurate and is how this information will be supplied to the "iTunes" music service.
 
I agree to indemnify and hold harmless "Organization" and its representatives, successors, and assigns against any and all claims, causes of action, damages, losses, and costs (including reasonable attorneys’ fees) and liabilities of any nature which may at any time be asserted against or suffered by any party hereto, directly or indirectly, relating to or arising out of this Agreement or use of the submitted music.
 
This Agreement contains the entire agreement, and supersedes any other negotiations, commitments, and writings related to the subject matter hereof.
 
If the foregoing is acceptable to you, please indicate by signing and faxing this Agreement to (XXX) XXX-XXXX.
______________________________ [your signature]
______________________________ [print your name] Accepted this ____ day of _________ , 2010
 
Thanks!
 

Dave King
www.davekingmusic.com

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9 Replies Related Threads

    Slugbaby
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    Re:Contract 2010/08/16 22:28:31 (permalink)
    That looks fine to me.
    The important points:
    2) the contract ends March 2012
    1) the United Way is mentioned as the recipient
    6) you retain copyright ownership

    the other stuff is negligible.


    ps.  If you take this as legal advice, you owe me $1000 and a signature on a really fun waiver.  Otherwise it's just a friendly interpretation.

    http://www.MattSwiftMusic.com
     
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    #2
    Randy P
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    Re:Contract 2010/08/16 22:42:57 (permalink)
    Pretty standard stuff there Dave. Just don't submit that song of yours that sounds just like My Sweet Lord.....or was it He's so Fine? Ah, what the hell, send it in. Whats the worst that could happen.


    Randy

    http://www.soundclick.com/riprorenband

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    #3
    ohhey
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    Re:Contract 2010/08/16 22:50:00 (permalink)
    rsp@odyssey.net


    Pretty standard stuff there Dave. Just don't submit that song of yours that sounds just like My Sweet Lord.....or was it He's so Fine? Ah, what the hell, send it in. Whats the worst that could happen.


    Randy


    Exactly ! I would never prevent someone for stealing my songs, it's a win win. They either don't make any money off it or it goes big and you get famous when you expose to the world it is yours. You also want to wait as long as possible before you sue. You want the money to pile up first so there is something to sue for.

    This is the same for almost anything. Computer code, patents.. let them run with it first before you hit them with the suit.
    post edited by ohhey - 2010/08/16 22:51:16
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    Dave King
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    Re:Contract 2010/08/16 23:03:07 (permalink)
    Exactly ! I would never prevent someone for stealing my songs, it's a win win. They either don't make any money off it or it goes big and you get famous when you expose to the world it is yours. You also want to wait as long as possible before you sue. You want the money to pile up first so there is something to sue for.

     
    Ha!  Great idea!  Thanks!

    Dave King
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    Philip
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    Re:Contract 2010/08/16 23:27:02 (permalink)
    Congrats Dave. 

    I'd be most honored for folks to steal my songs, hum them, sing them publicly, and flatter my ego to wits end.

    Philip  
    (Isa 5:12 And the harp, and the viol, the tabret, and pipe, and wine, are in their feasts: but they regard not the work of the LORD)

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    AT
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    Re:Contract 2010/08/16 23:59:58 (permalink)
    The contract seems fine and is mercifully short.  Good cause and a nice boost for you.  Maybe even get a few years off of perculator in the hereafter to boot.

    @

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    gamblerschoice
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    Re:Contract 2010/08/17 00:56:38 (permalink)
    Maybe mentioning something that you already thought about, but I would make sure that this song was registered with the gov'ment copyright office. You don't have to wait for the documentation, when submitted it is covered. You can register a collection at once for a minimal cost on line.

    All the other points, length of time, good organization/casuse, exposure, sounds like a good, safe idea.

    Later
    Albert

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    #8
    Guitarhacker
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    Re:Contract 2010/08/17 08:41:57 (permalink)
    Yup.... get the copyright registered.... if you haven't already. The contract is one of the shortest ones I have ever seen. To be honest I would have liked to have seen better wording and more explanation of a few things, but since it is a charity and you are not getting ANY of the proceeds during the contract's duration, as long as the contract ends and you retain your ownership rights...... very cool.

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    #9
    Dave King
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    Re:Contract 2010/08/17 11:45:41 (permalink)
    Good point on the copyright.  I'll have to check and see if I copyrighted this particular song.

    Thanks.

    Dave King
    www.davekingmusic.com

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