Synchronization/Performing/Master Use & Mechanical License
An Independent Filmmaker/Producer/Investor can create a soundtrack either by obtaining the Right to use existing music or by commissioning an original musical score by a music composer and or lyricist to create something new for the Project, or a combination of both.
An Independent Filmmaker/Producer/Investor can economize by using songs by unknown, local songwriters that are available for little or no money. Fledgling songwriters often want to gain visibility and stature by having their music in a movie. The Independent Filmmaker/Producer/Investor should keep in mind that a song performed in a movie that is broadcast can generate royalties for the songwriter (through ASCAP or BMI). Thus songwriters have a financial incentive to have their music on a soundtrack even if they do not receive a fee from the Independent Filmmaker/Producer/Investor.
This Agreement is drafted in plain English that is easy to read and comprehend. This is an eight page, fifteen clause legal Agreement. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
This Agreement is part of the Director’s Deal, and the Producer’s Deal, and the Investor’s Deal.
Synchronization/Performing/Master Use and Mechanical License
Music Rights Owner/Composer Name: _______________________________
Licensor (Print Names)
Composition(s) name: ______________________________________________
Publisher name: _________________________________________________
Length of Composition & Manner of Use: ______________________________
Producer name: __________________________________________________
Production Company: ______________________________________________
Project name: ___________________________________________________
Project Genre: ___________________________________________________
(sit-com, series, made-for-TV-movie, music video, televised stage musical, etc.)
Composition Use: ________________________________________________
(Vocal, vocal visual, vocal background, instrumental background, instrumental visual, etc.)
Herein this Agreement the independent Filmmaker is called the “Producer”.
1. The Licensor (hereafter called the “Music Rights Owner/Composer”), hereby irrevocably grants to the Licensee (hereafter called the “Producer”), the non-exclusive right to include in the Project and in promoting, advertising and publicizing of the Project that certain musical compositions written and owned by Music Rights Owner/Composer (the "Compositions") and the recording of an instrumental and vocal performance thereof owned by Music Rights Owner/Composer (the "Recording"). This License shall continue in perpetuity and be effective for any and all media, whether now known or hereafter devised, throughout the universe. The License shall include, but shall not be limited to, the following:
(i) Use of the compositions, and any recording and any performance thereof, in synchronized or timed relation to the Project and any remake or remakes thereof for exploitation in any and all media now known or hereafter devised (including, but not limited to, audio-visual devices), including the recording and distribution of the Project on videocassette, videodisc, by television (including cable, pay-TV, and broadcast TV), electronic publishing rights, theatrical and non-theatrical exhibition, and in advertisements in-context and out-of-context, trailers, "music videos" and other promotional and ancillary uses of the Project or such other audio-visual work.
(ii) Universe-wide use of the compositions, any recording and any performance thereof, on a soundtrack album including CD’s and tapes ("Album") and to manufacture, sell, distribute and advertise copies of the Album embodying the Compositions and Recordings by any methods . . . (continued)