Exclusive Recording Artist Agreement (Sample) (4)

The Music Telegraph | Text 2019/05/09 [10:10]

Exclusive Recording Artist Agreement (Sample) (4)

The Music Telegraph| 입력 : 2019/05/09 [10:10]



Exclusive Recording Artist Agreement (Sample) (4)

 

 

8. Royalties

Conditioned upon your full and faithful performance of all the terms conditions hereof, you shall be paid royalties on Net Sales of Records as hereinafter set forth:

 

(a) Company shall pay you basic royalty, the percentage set in the following schedule, of the applicable Royalty Base Price in respect of 90% Net Sales of Phonograph Records in disc form, consisting entirely of Master Recordings recorded hereunder and sold by Company or its Licenses through Normal Retail Channels for distribution in the United States of America, subject to the other provisions of this Paragraph 8:

 

Contract Year Basic Royalty Rate
First Five (5%) Percent
Second Five and one-half (5-1/2%) Percent
Third Six (6%) Percent
Fourth Six and one-half (6-1/2%) Percent
Fifth Seven (7%) Percent

 

(b) In respect of Phonograph Records sold in the form of pre-recorded tape, the royalty payable to you therefore shall be one-half (1/2) of the royalty rate that is payable to you for Records sold in disc form, and such royalties shall at times be computed on the basis of 90% of Net Salesof said Records.

 

(c) In respect of Phonograph Records sold to consumers through an mail order or record club or similar operation conducted by Company (the "Club Operation"), the royalty rate shall be one-half (1/2) of the otherwise applicable royalty rate, and such royalties shall at all times be computed on the basis of 85% Net Sales of such Records. Notwithstanding the foregoing, no royalty payable to you with respect to (i) Phonograph Records received by members such Club Operation in an introductory offer in connection with joining it recommending that another join it as a result of the purchase of a required number of Records, including, without limitation, Records distributed as "bonus", or (ii) Phonograph Records for which such Club Operation is not paid.

 

(d) In respect of Master Recordings licensed or made available Company to third parties for the manufacture, distribution or sale of Phonograph Records through broadcast or other advertisements utilizing key-outlet distributor or any similar method of operation, or through any record club, mail order or similar operation or through any so-called "premium" operation or for use on a particular Record that is intended for sale through customary retail trade channels (i.e. soundtrack albums), Company shall credit your royalty account with twenty-five (25%) percent of the net royalties actually received by Company from such third parties after deducting therefrom all applicable AFM and other third party payments.

 

(e) In respect to Phonograph Records sold to educational institutions or libraries or to armed forces post exchanges, the royalty payable to you shall be one-half (1/2) of the otherwise applicable royalty rate, and such royalty shall at a times be computed on the basis of 90% of Net Sales of such Records.

 

(f) With respect to Phonograph Records bearing a special lable or suggested retail list price which is  at least $3.00 less than the suggested retail list price used for the top line Phonograph Records released by Company such Licensees in any territory, the royalty rate payable to you in respect of Phonograph Records shall be one-half (1/2) the otherwise applicable royalty rate and such royalty shall at all times be computed on the basis fo 90% of Net Sales of such Records.

 

(g) In respect of Phonograph Records sold by Company or its Licensee for distribution outside of the United States of America, or licensed or otherwise furnished by Companyor its Licensees to others for its manufacture or distribution outside of the United States of America, the royalty rate payable to you therefore shall be one-half (1/2) of the applicable royalty rate which would have been payable to you if such Records had been sold for distribution in the United States of America; and such royalties shall at all times be computed on the basis of 90% of Net Sales of such Records.

 

 

 

 

 

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