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Here are the general contract terms we are proposing relative to licensing
your product. I am proposing to make CD's of the tracks you have available
now for radio promotion, if statue gets air we will get retail orders which
we will fill and you will get a royalty percentage of the sales. You have
no cost or expenses associated with this, statue pays all costs associated
with manufacturing and marketing.
In addition to breaking records we place some of our music in major motion
pictures such as Warner Bothers "Outbreak" featuring Dustin Hoffman, Morgan
Freeman and Donald Sutherland. If you have any questions please do not
hesitate to contact me.
We are looking forward to launching our new web site in several weeks that
will allow customers to download individual songs or an entire record for a
fee. There are very few that have this powerful new delivery option outside
of the majors. We are developing a new artist only private section where
act's can see their CMJ and R&R charts and other radio and media proprietary
information along with management and booking agent contacts. Then there is
the new video streaming which we are really excited about.
Statue looks forward to working with you and are hopeful that we can come to
an understanding regarding the licensing of your material. If you decide
you want to move forward after reviewing our proposal, please email me the
address where you would want royalty payments sent along with the legal
names of the personnel who will be on the contract. I will have execution
contracts drawn up and then emailed over to you for signature along with
complete signing instructions.
Don't hesitate to write of call me with any questions.
Best regards
Warren Ryan
Manager
Statue Records Group LA
Statuerecords.com
Warrenryan@statuerecords.com
310-891-0020
310-891-0524 (fax)
PO Box 1927
Lomita CA 90717
DISTRIBUTION CONTRACT
DEAL POINTS
. ARTIST RETAINS OWNERSHIP OF MASTERS.
. ARTIST RETAINS OWNERSHIP OF PUBLISHING.
. TERM OF AGREEMENT IS AT DISCRETION OF ARTIST (TO BE DETERMINED
PRIOR TO EXECUTION)
. STATUE MANUFACTURES AND PACKAGES RECORDINGS AND ARTWORK.
. ARTIST MAY PURCHASE RECORDINGS MANUFACTURED BY STATUE AT A
DISCOUNTED RATE.
. ARTIST MAY CONTINUE TO MANUFACTURE AND SELL CD'S ON THEIR OWN.
IF ARTIST HAS MANUFACTURED CD'S, AT ARTIST OPTION, STATUE WILL DISTRIBUTE
THOSE CD'S AT AN ALTERNATIVE ROYALTY RATE THAN THAT OFFERED BELOW.
STATUE RECORDS GROUP
NON EXCLUSIVE
DISTRIBUTION CONTRACT
#2004-
1. THIS AGREEMENT DATED _______________ 2004 IS BETWEEN STATUE
RECORDS INC.(HEREINAFTER REFERRED TO AS "STATUE"), HAVING ITS PRINCIPAL
PLACE OF BUSINESS LOCATED IN HOLLYWOOD CA, AND
____________________________________________________________________________
_______________________ CURRENTLY PROFESSIONALLY KNOWN AS
_____________________________________________________________________
(HEREINAFTER REFERRED TO AS "ARTIST"), WHOSE ADDRESS IS
____________________________________________________________________________
_____. THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE FOR ARTIST'S DELIVERY TO
STATUE RECORDS OF MASTER RECORDINGS (AS HEREINAFTER DEFINED) TO BE EMBODIED
ON AN EP OR LP AND STATUE'S PROMOTION, RELEASE AND DISTRIBUTION THEREOF.
2. ARTIST AGREES TO DELIVER (1) LP MASTER RECORDING (AS HEREINAFTER DEFINED)
TO STATUE IN CD OR CDR FORMAT, SAID LP WILL CONSIST OF ___ SONGS. STATUE
WILL MANUFACTURE CD'S AS REQUIRED TO FULFILL INTERNET AND RETAIL ORDERS FOR
THIS PRODUCT. AS AN ALTERNATIVE, AND IN THE EVENT ARTIST CHOOSES TO DELIVER
TO STATUE MANUFACTURED CD'S AND OR CASSETTES, ARTIST WILL DELIVER AN
INITIAL SHIPMENT OF 0 COPIES (ONLY FILL IN IF ARTIST IS PROVIDING
PRODUCT) OF THE RECORDING IN CASSETTE OR CD FORMAT. THE TERRITORY FOR
RELEASE OF THIS RECORDING WILL BE THE WORLD. INCLUSION IN THE STATUE RECORDS
WEB SITE IS AT ARTIST OPTION. IF ARTIST ELECTS TO BE LISTED ON THE STATUE
RECORDS WEB SITE (STATUERECORDS.COM) ON EXECUTION OF THIS AGREEMENT ARTIST
WILL TENDER TO STATUE RECORDS A ONE TIME SET UP FEE PAYMENT IN THE SUM OF
ONE HUNDRED DOLLARS TO COVER WEB PROGRAMMING COSTS ASSOCIATED WITH INCLUSION
OF ARTIST RECORDINGS ON THE STATUE RECORDS WEB SITE. (CHECK ONE OF THE TWO
FOLLOWING OPTIONS) ARTIST IS TO BE INCLUDED ON STATUE WEB SITE _____,
ARTIST DECLINES TO BE INCLUDED ON STATUE WEB SITE_____.
3. FOR THE RIGHTS HEREIN GRANTED AND FOR THE SERVICES TO BE RENDERED
HEREUNDER BY ARTIST, STATUE SHALL PAY ARTIST WITH RESPECT TO EACH RECORDING
(AS HEREINAFTER DEFINED) EMBODYING SOLELY THE MASTER RECORDINGS HEREUNDER
WHICH ARE SOLD IN THE TERRITORY OR DOWN LOADED FROM THE STATUE INTERNET SITE
A ROYALTY OF 25% (SOMETIMES HEREINAFTER REFERRED TO AS THE "BASIC RATE")
COMPUTED ON A ROYALTY BASE OF THE SUGGESTED WHOLESALE LIST PRICE ("SWLP") OF
THE RECORDING OR THE ACTUAL RETAIL PRICE OF INTERNET DOWN LOADS. STATUE
WILL NOT PAY ARTIST ANY ROYALTY INCLUDING BUT NOT LIMITED TO, MECHANICAL AND
PERFORMANCE ROYALTIES FOR RECORDINGS SOLD DIRECTLY TO THE ARTIST AT THE
ARTIST WHOLESALE RATE AS SET FORTH IN PARAGRAPH 10 HEREIN
4. NO ROYALTIES SHALL BE PAYABLE IN RESPECT OF RECORDINGS HEREUNDER
GIVEN AWAY FOR PROMOTIONAL PURPOSES OR SOLD AT BELOW STATED WHOLESALE PRICES
TO DISC JOCKEYS, RECORD REVIEWERS, RADIO, ARTIST AND TELEVISION STATIONS AND
NETWORKS, MOTION PICTURE COMPANIES, MUSIC PUBLISHERS, OR FOR THE FIRST 100
UNITS SOLD AT RETAIL OR OVER THE INTERNET. STATUE'S CUSTOMARY CONTAINER
CHARGES FOR ALBUMS, TAPES, JACKETS, BOXES, OR OTHER PACKAGING AND CONTAINERS
AND SHIPPING COSTS WILL BE EXCLUDED FROM THE ROYALTY BASE FOR THE PURPOSE OF
COMPUTING ROYALTIES.
5. (A) PAYMENT OF ACCRUED ROYALTIES, IF ANY, SHALL BE MADE SEMI-ANNUALLY ON
OR BEFORE (45) DAYS AFTER THE END OF THE APPLICABLE PERIOD ENDING IN MARCH
AND SEPTEMBER OF EACH YEAR.
6. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARTIST HEREBY
GRANTS A LICENSE TO STATUE TO REPRODUCE AND DISTRIBUTE THE MASTER RECORDINGS
IN THE TERRITORY. ARTIST'S DOES HEREBY LICENSE ITS RIGHTS, TITLES AND
INTERESTS IN AND TO THE MASTER RECORDINGS HEREUNDER EMBODIED ON THE
RECORDINGS HEREIN DEFINED AND ALL REPRODUCTIONS MADE THEREFROM, TOGETHER
WITH ALL SOUND RECORDING COPYRIGHTS THEREIN (EXCLUDING THE COPYRIGHTS TO THE
UNDERLYING COMPOSITIONS) AND THE PERFORMANCES EMBODIED THEREIN, ARE HEREBY
LICENSED, FOR THE TERM OF THIS AGREEMENT, TO STATUE FOR THE TERRITORY. THE
LICENSE WILL BE FREE OF ANY CLAIMS WHATSOEVER BY ANY PERSON DERIVING ANY
RIGHTS OR INTEREST FROM ARTIST. WITHOUT LIMITATION OF THE FOREGOING, STATUE
SHALL HAVE THE RIGHT TO MAKE RECORDINGS OR EFFECT PAID INTERNET DOWNLOADS OF
SUCH RECORDINGS OR OTHER REPRODUCTIONS OF THE PERFORMANCES EMBODIED IN SUCH
MASTER RECORDINGS SOLELY WITHIN THE TERRITORY BY ANY METHOD NOW OR HEREAFTER
KNOWN, AND TO SELL DEAL IN OR OTHERWISE DISPOSE OF THE RECORDINGS SOLELY
WITHIN THE TERRITORY OR STATUE MAY AT STATUE'S ELECTION REFRAIN THEREFROM.
THE TERRITORY FOR PURPOSES OF THIS SECTION AND SECTION 7 BELOW IS DEFINED
AS THE WORLD.
7. STATUE SHALL HAVE THE RIGHT IN THE TERRITORY TO USE AND TO ALLOW OTHERS
TO USE ARTIST'S NAME, LIKENESS AND BIOGRAPHICAL MATERIAL CONCERNING ARTIST,
SOLELY FOR ADVERTISING THE RECORDINGS HEREUNDER AND FOR PURPOSES OF
PROMOTING ARTIST AND MARKETING THE RECORDINGS HEREUNDER.
8. ARTIST SHALL BE RESPONSIBLE FOR THE PAYMENT OF MECHANICAL ROYALTIES
DIRECTLY TO THE COPYRIGHT PROPRIETORS OF THE MUSICAL WORKS EMBODIED ON THE
MASTER RECORDINGS HEREUNDER.
9. ARTIST SHALL BE SOLELY RESPONSIBLE FOR AND SHALL PAY ALL ROYALTIES
AND OTHER COMPENSATION WHICH MAY BE PAYABLE TO ANY PRODUCERS OF THE MASTER
RECORDINGS HEREUNDER.
10. STATUE AGREES TO SELL THE RECORDINGS HEREUNDER TO ARTIST IN ANY
FORMAT CONFIGURATION CURRENTLY IN OPEN CATALOGUE AT ITS "ARTIST" WHOLESALE
PRICE THEREFORE. STATED "ARTIST" WHOLESALE PRICES ARE AS FOLLOWS: FULL
LENGTH CD'S ARE $7.95, CD EP'S ARE $7.00 EACH. STATUE AGREES TO SELL CD
LP'S OR EP'S IN QUANTITIES OF 10 UNITS AT $3.00 EACH TO ARTIST AT ARTIST
ELECTION. THE $3.00 PRICING WILL BE EXEMPT FROM ALL ROYALTY PAYMENTS,
ARTIST WAIVES ALL ROYALTIES ON SUCH SALE . STATUE RESERVES THE RIGHT TO
DETERMINE THE FORMATS IN OPEN CATALOGUE. COMPACT DISCS WILL ALWAYS BE IN
OPEN CATALOGUE. STATUE RESERVES THE RIGHT TO RAISE THE RATES SET FORTH IN
THIS SECTION BY 10 PERCENT PER YEAR DURING THE TERM OF THIS AGREEMENT. THE
RIGHT TO SO INCREASE WOULD OCCUR ON THE ONE YEAR ANNIVERSARY OF THE
EXECUTION DATE AND WOULD SO APPLY TO EACH ANNIVERSARY DATE FOR THE TERM OF
THIS AGREEMENT.
11. NEITHER PARTY HEREUNDER SHALL BE DEEMED TO BE IN BREACH OF ANY OF
ITS OBLIGATIONS HEREUNDER UNLESS AND UNTIL THE PARTY NOT IN BREACH SHALL
HAVE GIVEN THE BREACHING PARTY WRITTEN NOTICE BY CERTIFIED OR REGISTERED
MAIL, RETURN RECEIPT REQUESTED, DESCRIBING IN DETAIL THE BREACH, AND THE
BREACHING PARTY SHALL HAVE FAILED TO CURE THAT BREACH WITHIN (30) DAYS,
AFTER THE BREACHING PARTY'S RECEIPT OF SUCH WRITTEN NOTICE.
12. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREOF SHALL NOT
AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF.
13. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN STATUE AND
ARTIST WITH RESPECT TO THE SUBJECT MATTER HEREOF. NO MODIFICATION,
AMENDMENT, WAIVER, TERMINATION OR DISCHARGE OF THIS AGREEMENT OR ANY
PROVISION HEREOF SHALL BE BINDING UPON STATUE OR ARTIST UNLESS CONFIRMED BY
A WRITTEN INSTRUMENT SIGNED BY ARTIST AND BY A DULY AUTHORIZED OFFICER OF
STATUE.
14. NEITHER PARTY'S WAIVER OF ANY PROVISION OF THE AGREEMENT OR ANY
DEFAULT HEREUNDER SHALL AFFECT SUCH PARTY'S RIGHTS THEREAFTER TO ENFORCE
SUCH PROVISIONS OR TO EXERCISE ANY RIGHT OR REMEDY IN THE EVENT OF ANY OTHER
DEFAULT, WHETHER OR NOT SIMILAR. ALL REMEDIES, RIGHTS, UNDERTAKINGS, AND
OBLIGATIONS CONTAINED IN THIS AGREEMENT SHALL BE CUMULATIVE AND NONE OF THEM
SHALL BE IN LIMITATION OF ANY OTHER REMEDY, RIGHT, UNDERTAKING OR OBLIGATION
OF EITHER PARTY.
15. ARTIST REPRESENTS AND WARRANTS THAT EACH MEMBER IS OVER 18 YEARS OF
AGE AND IS LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT. IF ARTIST IS A
MINOR UNDER THE AGE OF 18 ARTIST MAY CONTRACT THROUGH THE AGENCY OF A PARENT
OR GUARDIAN.
16. AS USED IN THIS AGREEMENT THE TERM "ARTIST" SHALL BE DEEMED TO REFER
INDIVIDUALLY AND COLLECTIVELY TO EACH OF THE MEMBERS OF THE GROUP COMPRISING
ARTIST. THE OBLIGATIONS, LIABILITIES, PROHIBITIONS AND RESTRICTIONS IMPOSED
UPON ARTIST HEREUNDER SHALL BE DEEMED TO APPLY INDIVIDUALLY AND COLLECTIVELY
TO EACH OF THE MEMBERS OF ARTIST.
17. ARTIST AGREES TO DELIVER OR CAUSE TO BE DELIVERED ALL NECESSARY
INFORMATION, CONSENTS, LICENSES AND PERMISSIONS SUCH THAT STATUE MAY
MANUFACTURE, DISTRIBUTE, AND RELEASE THE RECORDINGS HEREUNDER.
18. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF
CALIFORNIA, UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF
CALIFORNIA SHALL GOVERN ITS VALIDITY, CONSTRUCTION AND EFFECT. THE COURTS
IN THE STATE OF CALIFORNIA, STATE AND FEDERAL, WILL HAVE EXCLUSIVE
JURISDICTION OVER ANY CONTROVERSIES REGARDING THIS AGREEMENT. VENUE AND
JURISDICTION WITH REGARD TO AND DISPUTE ARISING HEREIN WILL BE IN THE STATE
OF CALIFORNIA, COUNTY OF LOS ANGELES.
19. STATUE MAY AT STATUE'S ELECTION ASSIGN THIS AGREEMENT OR ANY OF
STATUE'S RIGHTS HEREUNDER.
20. THE TERM OF THIS AGREEMENT WILL COMMENCE ON 2004
AND TERMINATE ON . THE AGREEMENT WILL THEREAFTER
AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR PERIODS, UNLESS EITHER PARTY
TENDERS NOTICE OF TERMINATION WITHIN SIXTY (60) DAYS PRIOR TO THE EXPIRATION
OF THE INITIAL OR ANY RENEWAL TERM.
21. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS.
22. IF ARTIST HAS DECLINED TO BE LISTED ON THE STATUE WEB SITE AS SET
FORTH IN SECTION 2 ABOVE, STATUE RESERVES THE RIGHT AT STATUE'S ELECTION TO
REMOVE AND DELETE THIS RECORDING FROM ITS CATALOGUE AND CEASE DISTRIBUTION
OF SAID RECORDING IF AT ANY TIME SALES IN ANY CALENDAR MONTH AMOUNT TO LESS
THAN 10 UNITS
STATUE RECORDS GROUP
wie ernst kann man das nehmen? kennt ihr den verein? ist schon komisch, dass alles dann kommt wenn man nicht zuhause ist.
schöne grüße von hier aus 8)
mark
your product. I am proposing to make CD's of the tracks you have available
now for radio promotion, if statue gets air we will get retail orders which
we will fill and you will get a royalty percentage of the sales. You have
no cost or expenses associated with this, statue pays all costs associated
with manufacturing and marketing.
In addition to breaking records we place some of our music in major motion
pictures such as Warner Bothers "Outbreak" featuring Dustin Hoffman, Morgan
Freeman and Donald Sutherland. If you have any questions please do not
hesitate to contact me.
We are looking forward to launching our new web site in several weeks that
will allow customers to download individual songs or an entire record for a
fee. There are very few that have this powerful new delivery option outside
of the majors. We are developing a new artist only private section where
act's can see their CMJ and R&R charts and other radio and media proprietary
information along with management and booking agent contacts. Then there is
the new video streaming which we are really excited about.
Statue looks forward to working with you and are hopeful that we can come to
an understanding regarding the licensing of your material. If you decide
you want to move forward after reviewing our proposal, please email me the
address where you would want royalty payments sent along with the legal
names of the personnel who will be on the contract. I will have execution
contracts drawn up and then emailed over to you for signature along with
complete signing instructions.
Don't hesitate to write of call me with any questions.
Best regards
Warren Ryan
Manager
Statue Records Group LA
Statuerecords.com
Warrenryan@statuerecords.com
310-891-0020
310-891-0524 (fax)
PO Box 1927
Lomita CA 90717
DISTRIBUTION CONTRACT
DEAL POINTS
. ARTIST RETAINS OWNERSHIP OF MASTERS.
. ARTIST RETAINS OWNERSHIP OF PUBLISHING.
. TERM OF AGREEMENT IS AT DISCRETION OF ARTIST (TO BE DETERMINED
PRIOR TO EXECUTION)
. STATUE MANUFACTURES AND PACKAGES RECORDINGS AND ARTWORK.
. ARTIST MAY PURCHASE RECORDINGS MANUFACTURED BY STATUE AT A
DISCOUNTED RATE.
. ARTIST MAY CONTINUE TO MANUFACTURE AND SELL CD'S ON THEIR OWN.
IF ARTIST HAS MANUFACTURED CD'S, AT ARTIST OPTION, STATUE WILL DISTRIBUTE
THOSE CD'S AT AN ALTERNATIVE ROYALTY RATE THAN THAT OFFERED BELOW.
STATUE RECORDS GROUP
NON EXCLUSIVE
DISTRIBUTION CONTRACT
#2004-
1. THIS AGREEMENT DATED _______________ 2004 IS BETWEEN STATUE
RECORDS INC.(HEREINAFTER REFERRED TO AS "STATUE"), HAVING ITS PRINCIPAL
PLACE OF BUSINESS LOCATED IN HOLLYWOOD CA, AND
____________________________________________________________________________
_______________________ CURRENTLY PROFESSIONALLY KNOWN AS
_____________________________________________________________________
(HEREINAFTER REFERRED TO AS "ARTIST"), WHOSE ADDRESS IS
____________________________________________________________________________
_____. THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE FOR ARTIST'S DELIVERY TO
STATUE RECORDS OF MASTER RECORDINGS (AS HEREINAFTER DEFINED) TO BE EMBODIED
ON AN EP OR LP AND STATUE'S PROMOTION, RELEASE AND DISTRIBUTION THEREOF.
2. ARTIST AGREES TO DELIVER (1) LP MASTER RECORDING (AS HEREINAFTER DEFINED)
TO STATUE IN CD OR CDR FORMAT, SAID LP WILL CONSIST OF ___ SONGS. STATUE
WILL MANUFACTURE CD'S AS REQUIRED TO FULFILL INTERNET AND RETAIL ORDERS FOR
THIS PRODUCT. AS AN ALTERNATIVE, AND IN THE EVENT ARTIST CHOOSES TO DELIVER
TO STATUE MANUFACTURED CD'S AND OR CASSETTES, ARTIST WILL DELIVER AN
INITIAL SHIPMENT OF 0 COPIES (ONLY FILL IN IF ARTIST IS PROVIDING
PRODUCT) OF THE RECORDING IN CASSETTE OR CD FORMAT. THE TERRITORY FOR
RELEASE OF THIS RECORDING WILL BE THE WORLD. INCLUSION IN THE STATUE RECORDS
WEB SITE IS AT ARTIST OPTION. IF ARTIST ELECTS TO BE LISTED ON THE STATUE
RECORDS WEB SITE (STATUERECORDS.COM) ON EXECUTION OF THIS AGREEMENT ARTIST
WILL TENDER TO STATUE RECORDS A ONE TIME SET UP FEE PAYMENT IN THE SUM OF
ONE HUNDRED DOLLARS TO COVER WEB PROGRAMMING COSTS ASSOCIATED WITH INCLUSION
OF ARTIST RECORDINGS ON THE STATUE RECORDS WEB SITE. (CHECK ONE OF THE TWO
FOLLOWING OPTIONS) ARTIST IS TO BE INCLUDED ON STATUE WEB SITE _____,
ARTIST DECLINES TO BE INCLUDED ON STATUE WEB SITE_____.
3. FOR THE RIGHTS HEREIN GRANTED AND FOR THE SERVICES TO BE RENDERED
HEREUNDER BY ARTIST, STATUE SHALL PAY ARTIST WITH RESPECT TO EACH RECORDING
(AS HEREINAFTER DEFINED) EMBODYING SOLELY THE MASTER RECORDINGS HEREUNDER
WHICH ARE SOLD IN THE TERRITORY OR DOWN LOADED FROM THE STATUE INTERNET SITE
A ROYALTY OF 25% (SOMETIMES HEREINAFTER REFERRED TO AS THE "BASIC RATE")
COMPUTED ON A ROYALTY BASE OF THE SUGGESTED WHOLESALE LIST PRICE ("SWLP") OF
THE RECORDING OR THE ACTUAL RETAIL PRICE OF INTERNET DOWN LOADS. STATUE
WILL NOT PAY ARTIST ANY ROYALTY INCLUDING BUT NOT LIMITED TO, MECHANICAL AND
PERFORMANCE ROYALTIES FOR RECORDINGS SOLD DIRECTLY TO THE ARTIST AT THE
ARTIST WHOLESALE RATE AS SET FORTH IN PARAGRAPH 10 HEREIN
4. NO ROYALTIES SHALL BE PAYABLE IN RESPECT OF RECORDINGS HEREUNDER
GIVEN AWAY FOR PROMOTIONAL PURPOSES OR SOLD AT BELOW STATED WHOLESALE PRICES
TO DISC JOCKEYS, RECORD REVIEWERS, RADIO, ARTIST AND TELEVISION STATIONS AND
NETWORKS, MOTION PICTURE COMPANIES, MUSIC PUBLISHERS, OR FOR THE FIRST 100
UNITS SOLD AT RETAIL OR OVER THE INTERNET. STATUE'S CUSTOMARY CONTAINER
CHARGES FOR ALBUMS, TAPES, JACKETS, BOXES, OR OTHER PACKAGING AND CONTAINERS
AND SHIPPING COSTS WILL BE EXCLUDED FROM THE ROYALTY BASE FOR THE PURPOSE OF
COMPUTING ROYALTIES.
5. (A) PAYMENT OF ACCRUED ROYALTIES, IF ANY, SHALL BE MADE SEMI-ANNUALLY ON
OR BEFORE (45) DAYS AFTER THE END OF THE APPLICABLE PERIOD ENDING IN MARCH
AND SEPTEMBER OF EACH YEAR.
6. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARTIST HEREBY
GRANTS A LICENSE TO STATUE TO REPRODUCE AND DISTRIBUTE THE MASTER RECORDINGS
IN THE TERRITORY. ARTIST'S DOES HEREBY LICENSE ITS RIGHTS, TITLES AND
INTERESTS IN AND TO THE MASTER RECORDINGS HEREUNDER EMBODIED ON THE
RECORDINGS HEREIN DEFINED AND ALL REPRODUCTIONS MADE THEREFROM, TOGETHER
WITH ALL SOUND RECORDING COPYRIGHTS THEREIN (EXCLUDING THE COPYRIGHTS TO THE
UNDERLYING COMPOSITIONS) AND THE PERFORMANCES EMBODIED THEREIN, ARE HEREBY
LICENSED, FOR THE TERM OF THIS AGREEMENT, TO STATUE FOR THE TERRITORY. THE
LICENSE WILL BE FREE OF ANY CLAIMS WHATSOEVER BY ANY PERSON DERIVING ANY
RIGHTS OR INTEREST FROM ARTIST. WITHOUT LIMITATION OF THE FOREGOING, STATUE
SHALL HAVE THE RIGHT TO MAKE RECORDINGS OR EFFECT PAID INTERNET DOWNLOADS OF
SUCH RECORDINGS OR OTHER REPRODUCTIONS OF THE PERFORMANCES EMBODIED IN SUCH
MASTER RECORDINGS SOLELY WITHIN THE TERRITORY BY ANY METHOD NOW OR HEREAFTER
KNOWN, AND TO SELL DEAL IN OR OTHERWISE DISPOSE OF THE RECORDINGS SOLELY
WITHIN THE TERRITORY OR STATUE MAY AT STATUE'S ELECTION REFRAIN THEREFROM.
THE TERRITORY FOR PURPOSES OF THIS SECTION AND SECTION 7 BELOW IS DEFINED
AS THE WORLD.
7. STATUE SHALL HAVE THE RIGHT IN THE TERRITORY TO USE AND TO ALLOW OTHERS
TO USE ARTIST'S NAME, LIKENESS AND BIOGRAPHICAL MATERIAL CONCERNING ARTIST,
SOLELY FOR ADVERTISING THE RECORDINGS HEREUNDER AND FOR PURPOSES OF
PROMOTING ARTIST AND MARKETING THE RECORDINGS HEREUNDER.
8. ARTIST SHALL BE RESPONSIBLE FOR THE PAYMENT OF MECHANICAL ROYALTIES
DIRECTLY TO THE COPYRIGHT PROPRIETORS OF THE MUSICAL WORKS EMBODIED ON THE
MASTER RECORDINGS HEREUNDER.
9. ARTIST SHALL BE SOLELY RESPONSIBLE FOR AND SHALL PAY ALL ROYALTIES
AND OTHER COMPENSATION WHICH MAY BE PAYABLE TO ANY PRODUCERS OF THE MASTER
RECORDINGS HEREUNDER.
10. STATUE AGREES TO SELL THE RECORDINGS HEREUNDER TO ARTIST IN ANY
FORMAT CONFIGURATION CURRENTLY IN OPEN CATALOGUE AT ITS "ARTIST" WHOLESALE
PRICE THEREFORE. STATED "ARTIST" WHOLESALE PRICES ARE AS FOLLOWS: FULL
LENGTH CD'S ARE $7.95, CD EP'S ARE $7.00 EACH. STATUE AGREES TO SELL CD
LP'S OR EP'S IN QUANTITIES OF 10 UNITS AT $3.00 EACH TO ARTIST AT ARTIST
ELECTION. THE $3.00 PRICING WILL BE EXEMPT FROM ALL ROYALTY PAYMENTS,
ARTIST WAIVES ALL ROYALTIES ON SUCH SALE . STATUE RESERVES THE RIGHT TO
DETERMINE THE FORMATS IN OPEN CATALOGUE. COMPACT DISCS WILL ALWAYS BE IN
OPEN CATALOGUE. STATUE RESERVES THE RIGHT TO RAISE THE RATES SET FORTH IN
THIS SECTION BY 10 PERCENT PER YEAR DURING THE TERM OF THIS AGREEMENT. THE
RIGHT TO SO INCREASE WOULD OCCUR ON THE ONE YEAR ANNIVERSARY OF THE
EXECUTION DATE AND WOULD SO APPLY TO EACH ANNIVERSARY DATE FOR THE TERM OF
THIS AGREEMENT.
11. NEITHER PARTY HEREUNDER SHALL BE DEEMED TO BE IN BREACH OF ANY OF
ITS OBLIGATIONS HEREUNDER UNLESS AND UNTIL THE PARTY NOT IN BREACH SHALL
HAVE GIVEN THE BREACHING PARTY WRITTEN NOTICE BY CERTIFIED OR REGISTERED
MAIL, RETURN RECEIPT REQUESTED, DESCRIBING IN DETAIL THE BREACH, AND THE
BREACHING PARTY SHALL HAVE FAILED TO CURE THAT BREACH WITHIN (30) DAYS,
AFTER THE BREACHING PARTY'S RECEIPT OF SUCH WRITTEN NOTICE.
12. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREOF SHALL NOT
AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF.
13. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN STATUE AND
ARTIST WITH RESPECT TO THE SUBJECT MATTER HEREOF. NO MODIFICATION,
AMENDMENT, WAIVER, TERMINATION OR DISCHARGE OF THIS AGREEMENT OR ANY
PROVISION HEREOF SHALL BE BINDING UPON STATUE OR ARTIST UNLESS CONFIRMED BY
A WRITTEN INSTRUMENT SIGNED BY ARTIST AND BY A DULY AUTHORIZED OFFICER OF
STATUE.
14. NEITHER PARTY'S WAIVER OF ANY PROVISION OF THE AGREEMENT OR ANY
DEFAULT HEREUNDER SHALL AFFECT SUCH PARTY'S RIGHTS THEREAFTER TO ENFORCE
SUCH PROVISIONS OR TO EXERCISE ANY RIGHT OR REMEDY IN THE EVENT OF ANY OTHER
DEFAULT, WHETHER OR NOT SIMILAR. ALL REMEDIES, RIGHTS, UNDERTAKINGS, AND
OBLIGATIONS CONTAINED IN THIS AGREEMENT SHALL BE CUMULATIVE AND NONE OF THEM
SHALL BE IN LIMITATION OF ANY OTHER REMEDY, RIGHT, UNDERTAKING OR OBLIGATION
OF EITHER PARTY.
15. ARTIST REPRESENTS AND WARRANTS THAT EACH MEMBER IS OVER 18 YEARS OF
AGE AND IS LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT. IF ARTIST IS A
MINOR UNDER THE AGE OF 18 ARTIST MAY CONTRACT THROUGH THE AGENCY OF A PARENT
OR GUARDIAN.
16. AS USED IN THIS AGREEMENT THE TERM "ARTIST" SHALL BE DEEMED TO REFER
INDIVIDUALLY AND COLLECTIVELY TO EACH OF THE MEMBERS OF THE GROUP COMPRISING
ARTIST. THE OBLIGATIONS, LIABILITIES, PROHIBITIONS AND RESTRICTIONS IMPOSED
UPON ARTIST HEREUNDER SHALL BE DEEMED TO APPLY INDIVIDUALLY AND COLLECTIVELY
TO EACH OF THE MEMBERS OF ARTIST.
17. ARTIST AGREES TO DELIVER OR CAUSE TO BE DELIVERED ALL NECESSARY
INFORMATION, CONSENTS, LICENSES AND PERMISSIONS SUCH THAT STATUE MAY
MANUFACTURE, DISTRIBUTE, AND RELEASE THE RECORDINGS HEREUNDER.
18. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF
CALIFORNIA, UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF
CALIFORNIA SHALL GOVERN ITS VALIDITY, CONSTRUCTION AND EFFECT. THE COURTS
IN THE STATE OF CALIFORNIA, STATE AND FEDERAL, WILL HAVE EXCLUSIVE
JURISDICTION OVER ANY CONTROVERSIES REGARDING THIS AGREEMENT. VENUE AND
JURISDICTION WITH REGARD TO AND DISPUTE ARISING HEREIN WILL BE IN THE STATE
OF CALIFORNIA, COUNTY OF LOS ANGELES.
19. STATUE MAY AT STATUE'S ELECTION ASSIGN THIS AGREEMENT OR ANY OF
STATUE'S RIGHTS HEREUNDER.
20. THE TERM OF THIS AGREEMENT WILL COMMENCE ON 2004
AND TERMINATE ON . THE AGREEMENT WILL THEREAFTER
AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR PERIODS, UNLESS EITHER PARTY
TENDERS NOTICE OF TERMINATION WITHIN SIXTY (60) DAYS PRIOR TO THE EXPIRATION
OF THE INITIAL OR ANY RENEWAL TERM.
21. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS.
22. IF ARTIST HAS DECLINED TO BE LISTED ON THE STATUE WEB SITE AS SET
FORTH IN SECTION 2 ABOVE, STATUE RESERVES THE RIGHT AT STATUE'S ELECTION TO
REMOVE AND DELETE THIS RECORDING FROM ITS CATALOGUE AND CEASE DISTRIBUTION
OF SAID RECORDING IF AT ANY TIME SALES IN ANY CALENDAR MONTH AMOUNT TO LESS
THAN 10 UNITS
STATUE RECORDS GROUP
wie ernst kann man das nehmen? kennt ihr den verein? ist schon komisch, dass alles dann kommt wenn man nicht zuhause ist.
schöne grüße von hier aus 8)
mark
