A-Studio Music – Limited Single Song Publishing Agreement
||A-Studio Music||Post Office Box 13307, Portland, OR 97213-0307
Limited Single Song Publishing Agreement
effective the ______day of ____________, ________, by and between A-Studio Music hereinafter referred to as “PUBLISHER,” and _____________________________________________ hereinafter, (collectively) referred to as “WRITER.”
1. ASSIGNMENT OF WORK
Writer hereby assigns and delivers to Publisher, its successors and assigns, the perpetual right to publish the original musical composition written and composed by Writer (hereinafter referred to as the “COMPOSITION” now entitled _________________________________) including the title, words and music thereof on any JazzUSA compilation album. Writer retains all other worldwide rights therein, and all copyrights and the rights to secure copyrights and any extensions and renewals of copyrights therein and in any arrangements and adaptations thereof, and any and all other rights that Writer now has or to which he/she may be entitled, whether now known or hereafter to become known. Copyright information for the Composition is as follows: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __
2. USE OF COMPOSITION
Publisher shall have the perpetual right to use the Composition, as submitted by the Writer, on any JazzUSA compilation album. Publisher may perform levelization and equalization changes to ensure consistency of sound throughout the compilation release, but shall have no right to use the Composition in any other way, nor to make any other changes, adaptations, versions, dramatizations, transpositions, translations, foreign lyric substitutions, parody lyrics for commercial purposes, editing or arrangements of the Composition.
3. WARRANTIES AND REPRESENTATIONS
Writer hereby warrants and represents that the Composition is an original work, that neither the Composition nor any part thereof infringes upon the title, literacy or musical property of copyright or in any other work nor the statutory, common law or other rights (including rights of privacy) of any person, firm or corporation, that he/she is the sole writer and composer and the sole owner of the Composition and of all the rights therein, that he/she has not sold, assigned, transferred, hypothecated or mortgaged any right, title or interest in or to the Composition or any part thereof or any of the rights herein conveyed, that he/she has not made or entered into any contract with any other person, firm or corporation affecting the Composition or any right, title or interest therein or in copyright thereof, that no person, firm or corporation other than Writer has or has had claims or has claimed any right, title or interest in or to the Composition or any part thereof, or any use thereof or any copyright therein, that the composition has never been published, that where no copyright registration information has been given in paragraph 1 of this Agreement, the Composition has never been registered for copyright, and that the Writer has full right, power and authority to make this present instrument of transfer.
Publisher shall not be required to pay or cause to be paid to Writer any sums with respect to the Composition as collected or earned by publishing the Composition on any JazzUSA compilation album. Writer shall have no claim whatsoever against Publisher for any royalties received by Publisher from any performing rights society or other similar organization which makes payment directly (or indirectly other than through Publisher) to writers, authors and composers.
5. ASSIGNMENT OF COPYRIGHT
Writer retains the copyright in the Composition, together with renewals and extensions thereof, and the right to secure any and all rights therein that Writer may at any time be entitled to. Publisher retains the copyright to any and all JazzUSA compilations as a whole.
6. ACTIONS AND INDEMNITIES
Writer hereby authorizes Publisher at its absolute discretion and at Writer’s sole expense to employ attorneys and to institute or defend any action or proceeding arising against the Publisher or its affiliates which results from the Writers misrepresentation or omissions regarding ownership, right or title to the Composition.
The term “Writer” shall be understood to include all the authors and composers of the Composition. If there be more than one, the covenants herein contained shall be deemed to be both joint and several on the part of all the authors and composers. This Agreement may be executed by the authors and composers in several counterparts.
8. USE OF NAME
Writer hereby grants to Publisher the perpetual right to use and publish and to permit others to use and publish Writer’s name (including any professional name heretofore or hereafter adopted by Writer), likeness and biographical material, or any reproduction or simulation thereof and the title of the Composition in connection with the printing, sale, advertising, distribution and exploitation of any JazzUSA compilation album.
Publisher shall have the right to assign this Agreement and any of its rights hereunder and to delegate any of its obligations hereunder, in whole or in part, to any person, firm or corporation. Without limiting the generality of the foregoing, Publisher shall have the right to enter into sub-publishing, collection, print or other agreements with respect to the Composition, as it relates to any JazzUSA compilation album, with any person, firm or corporation for any one or more countries of the world.
This contract shall be deemed to have been made in the State of Oregon, and its validity, construction and effect shall be governed by and construed under the laws and judicial decisions of the State of Oregon applicable to agreements wholly performed therein.
11. ENTIRE AGREEMENT
This Agreement contains the entire understanding between us, and all of its terms, conditions and covenants shall be binding upon and shall inure to the benefit of the respective parties and their heirs, successors and assigns. No modification or waiver hereunder shall be valid unless the same is in writing and is signed by the parties hereto.
IN WITNESS WHEREOF
, the parties hereto have executed this Agreement as of the day and year first above written.
AGREED TO AND ACCEPTED: