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Historically, Labels only sought to have an artist sign one agreement, i. However, the trend is now for the Labels to seek all other rights related to the artist, in addition to the exclusive recording rights. These additional rights may include a exclusive name and likeness rights for merchandising and commercial endorsements, b exclusive touring rights, and c exclusive music publishing rights in songs written by the artist.
Each of these groups of exclusive rights is typically set forth in a separate agreement between the artist and the Label or a company affiliated to the Label. Under this type of Publishing Agreement, the songwriter or other owner of the musical copyrights retains the copyrights in his songs, but grants a Publisher exclusive Administration Rights for the world or for one or more enumerated territories for a specific period of time.
Advances paid by a Publisher under this type of agreement or non-existent or relatively low, but that is not always the case for high-income generating Catalog.
Advances are monies that are recoupable from royalties. Most often, advances are non-returnable and are not a loan owed by the recipient of the advance. In other words, if the advance is not recouped from royalties, the artist or other recipient of the advance is not liable for the unrecouped balance.
However, in Merchandising Agreements, the merchandiser often requires the artist to repay the unrecouped balance. The term of a personal management agreement is often measured by one or more album cycles.
All-In Royalty refers to a royalty payable by a Label that includes the royalty rates payable to the Producers and Mixers as well as what is left over for the artist i. When an artist signs with a Talent Agent, the artist is typically asked to sign a number of different form agency agreements.
The artist agency rider is an agreement that is intended to override and supersede the terms of all of the form agency agreements. In this manner, the negotiation of the individual form agency agreements came be avoided or, at least, minimized.
Artist Royalties refer to Record royalties payable to the artist from the sale of records featuring the artist but does not to Mechanical Royalties. At Source is a term typically used in Publishing Agreements. This is the opposite of an At Receipts Publishing Agreement.
At Receipts Publishing Agreement: Brick and Mortar Stores refer to retail stores that the customers physically need to enter in order to purchase Physical Records, for example, Big Box Stores as opposed to online stores and mail order sales. Bundles is an online purchase opportunity where the consumer is offered more than one product for example, a permanent download, a ringtone, and digital wallpaper for a single price.
For a Publisher or Performing Rights Society, this means the entire group of songs controlled by the Publisher. For a record company, this means the entire group of Masters and audiovisual programs owned by the record company.
This is a short-form agreement usually attached to a long-form agreement that states that a Copyright is a Work Made For Hire. The utility of a Certificate of Authorship is that it can be filed with the United States Copyright Office, in lieu of the owner of the Copyright having to file the long-form agreement and, thereby, disclose to the public the terms of the long-form agreement.
In many cases, the composer of a Score starts working on the Score before the long-form agreement is signed or fully negotiated. In order for the composer to receive a portion of his fee prior to the execution of the long-form agreement, the producer of a motion picture will often require the composer to sign a Certificate of Authorship before any money is paid to the composer.
In this manner, the composer is foreclosed from claiming an infringement of Copyright in the event the long-form agreement never gets signed. A Publishing Agreement between two or more Publishers, each of which has Administration Rights in the portion of the song owned by the applicable Publisher.
Commercially Satisfactory is typically found in recording agreements. It means that a Record will not be deemed Delivered to the Label until the Label is satisfied that Record has a realistic potential to sell a reasonable amount of Records.
Compilation Album refers to an album containing various recordings featuring more than one artist. Conflict of Interest refers to a situation that arises when a person has competing clients or interests that are adverse to each other. Controlled Composition is a term found in recording agreements and Producer Agreements that is typically defined as follows: Original arrangements of songs in the public domain i.
Controlled composition clauses also contain the maximum amount of Mechanical Royalties that are payable by the Label for each Record configuration. If the Mechanical Royalties otherwise payable for the controlled compositions are reduced to zero, the artist may be liable for any additional excess over the stated maximum amounts.Mike Amend likes to say he heads a startup inside year-old J.C.
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Nov 17, · CNET news reporters and editors cover the latest in Tech Industry, with in-depth stories on issues and events. J. C. Penney Company Inc. (stylized as JCPenney) is an American department store chain with locations in 49 U.S.
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