Music Business

Exclusive Recording Artist Agreement (Sample) (5)

The Music Telegraph | Text 2019/12/04 [10:29]
Music Business

Exclusive Recording Artist Agreement (Sample) (5)

The Music Telegraph| 입력 : 2019/12/04 [10:29]

 

© Alien Entertainment



Exclusive Recording Artist Agreement (Sample) (5)

 

 

9. Miscellaneous Royalty Provisions

Notwithstanding anything to the contrary contained in Paragraph hereof:

 

(a) (i) With respect to Phonograph Records embodying Master Recordings made hereunder, together with other master recordings, the royalty rate payable to you shall be computed by multiplying the royalty rate otherwise applicable by a fraction, the numerator of which is the number of Sides contained thereon embodying Master Recordings made hereunder and the denominator of which is the total number of Sides contained on such Record.

 

(ii) With respect to Phonograph Records embodying Master Recordings made hereunder which embody your performances, together with the performances of another artist(s) to whom Company is obligated to pay royalties in respect of the sale of Phonograph Records derived from such Master Recordings, royalty rate to be used in determining the royalties payable to you shall computed by multiplying the royalty rate otherwise applicable thereto by a fraction, the numerator of which shall be one and the denominator of which shall be the total number of recording artists whose performances are embodied on such Master Recording.

 

 

(b) (i) No royalties shall be payable to you in respect of Phonograph Records sold by Company  or its Licensees until payment for such Records has been received by Company, or for Phonograph Records sold as cut-outs after the list of such Records has been deleted from the catalogue of Company or the particular Licensee, or for scrap at a salvage or close-out price, or for less than fifty (50) percent of Company's or its Licensee's regular wholesale price for such Records, in respect of Phonograph Records distributed for promotional purposes or Phonograph Records sold or promote or stimulate the sale of Phonograph Records, or in respect of Phonograph Records sold or distributed as "free" or "no-charge" or "bonus" Records (whether or not inteded for resale); and

 

(ii) Notwithstanding anything to the contrary contained in Paragraph 9(b)(i) above, in respect  of the sale by Company to its dealers or distributors of Phonograph Records subject to a discount or merchandising plan, the number of Records deemed to have been sold shall be determined by reducing the number of Records shipped by the percentage of discount granted, and if a discount is grant in the form of "free" or "no-charge" Records, such "free" or "no-charge" Records shall not be deemed included in the number of Records sold. However, such discounts (or "free" or "no-charge" Records) shall not exceed twenty (20%) percent of Records shipped for Albums, computed on a cumulative basis, and thirty (30%) percent of Records shipped for Single  Records, computed on a cumulative basis.

 

 

(c) No royalty shall be payable to you unless and until Company has recouped all Advances and all Recording Costs in connection with the Master Recordings produced hereunder from the  royalties payable to you in respect of Net Sales of Phonograph Records embodying such Master Recordings, and after such recoupment, royalties shall be computed and paid to you only on those Records soon by Company or its Licensees after such recoupment.

 

 

(d) Company shall have the right to withhold a portion of your royalties as a reserve for returns and/or credits, which reserve shall be determined by Company in its reasonable judgment.

 

 

(e) The royalty rate applicable to a given Master Recording shall be the royalty rate specified herein for the Contract Year in which such Master Recording was recorded.

 

 

(f) If Company shall be accounted to, pursuant to a third party recording agreement, for sales of Records hereunder on a "Wholesale" price basis by its United States distribution company as  opposed to the Retail Selling Price hereunder, the basic royalty rate hereunder and applicable  accompanying royalty computation based thereon shall be doubled.

 

 

 

 

 

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