ComposersWorld.com Composer/Arranger Contract

AGREEMENT made this _____ day of _______, 20____, between Resource Marketing Inc. d.b.a. ComposersWorld.com

(hereinafter called the "Publisher") and ___________________________________ (hereinafter called the "Composer"):

  1. The Composer hereby assigns, sells, transfers, and delivers to the Publisher, its successors and assigns, certain heretofore unpublished original composition(s) or arrangement(s) and the manuscript(s) [or any electronic binary or source representation(s) thereof], by the above-named Composer, now entitled [each individual work on a separate line]:

    1. _____________________________________________________________________________,

    2. _____________________________________________________________________________,

    3. _____________________________________________________________________________,

    4. _____________________________________________________________________________,

    5. _____________________________________________________________________________,

    6. _____________________________________________________________________________,

    7. _____________________________________________________________________________,


    including the title, words, if any, and the music thereof, and the right to secure and the exclusive ownership of all copyrights, and all extensions and renewals of copyright therein; including each and every right to enjoy and/or use said composition, in all forms including present and future electronic forms, which the Composer now owns or which may hereafter be created or developed, to the same extent that the Composer might have and enjoy if this conveyance had not been made; all of which work and rights are hereby conveyed, to have and to hold the same absolutely, unto the Publisher, its successors and assigns forever.

  2. The Composer hereby covenants, represents, and warrants that the composition hereby sold is an original work and that neither said work nor any part thereof infringes upon the title of or the literary or musical property in any work protected by copyright throughout the world, and that he is the sole owner thereof and of all rights therein, and that he has not sold, assigned, set over, transferred, hypothecated, or mortgaged any right, title, or interest in or to said composition or any part thereof, and that no person, firm, or corporation other than the Composer has or has had, claims or has claimed any right, title, or interest in or to said work or any part thereof or any use thereof or any copyright therein, and that said work has never been published, and that the Composer has full right, power, and authority to make the present instrument of sale and transfer.

  3. The Composer warrants that this work doe not violate or infringe upon the copyright, trademark, trade name, or any proprietary interest of any entity and that it will indemnify and defend Publisher and hold Publisher harmless from and against any claim, loss, expense, liability or damage which Publisher may incur which in any way is caused by or related to the breach of such warranty.

  4. In consideration of the agreement, the Publisher agrees to pay the Composer, his heirs or assigns, as follows:
    1. a royalty of eighty-five percent of the retail net price thereof, as such price may be regulated by the Publisher, on each copy of said composition sold by the Publisher;
    2. a royalty of forty percent of all net sums received by the Publisher in respect of any licenses issued authorizing manufacture of parts of instruments serving to reproduce mechanically the said composition (referring to commercial phonograph records, so-called electrical transcriptions, and similar devices);
    3. a royalty of forty percent of all net sums received by the Publisher in respect to any license issued authorizing the recording of said composition in synchronization with sound motion pictures;
    4. a royalty of forty percent of all net sums received by the Publisher in respect to the licensing of public performance of said composition directly by the Publisher to the user for a fixed compensation; but no royalties shall be payable in respect to licensing of public performance of said composition through the intervention of ASCAP (American Society of Composers, Authors, and Publishers) as a result of an agreement between Publisher and ASCAP, or any similar organization in the United States or any foreign country;
    5. it is agreed that without payment of royalty the Publisher may distribute gratis as many copies of said composition as it deems advisable or desirable for advertising purposes.

  5. The Publisher agrees to publish in salable form the said musical composition within one month from the date of this contract and the submission of all required documents including a properly formatted archive of the music itself. Once the music is offered for sale, publisher agrees to keep the music available in stock on ComposersWorld.com the web site without interruption of availability for more than 30 days. Should the Publisher fail to do so, at the Composer's or the Publisher's option this contract maybe canceled and the composition returned to the Composer, in which event the Composer and the Publisher shall be relieved of all duty, liability, and responsibility hereunder. The exercise of this option by the Composer shall be conditioned, first, upon his written request to the Publisher that said composition be immediately issued and, second, by the failure of the Publisher to issue said composition within thirty days after the receipt of such request.

  6. In furtherance of this grant, and in order to insure the Publisher the full, complete and unrestricted enjoyment of the composition and the copyright therein hereby conveyed, as well as of all extensions and renewals of said copyright, the Composer hereby agrees to sign any and all applications, documents, affidavits, assignments or other instruments of whatsoever kind may be necessary from time to time in order to procure for and to assign to the Publisher any and all extensions and renewals of copyright.

  7. The Composer agrees that he will not transfer nor assign this agreement nor any interest therein nor any sums that may be or become due hereunder without the written notification of the Publisher.

  8. The Publisher agrees that it will render statement of royalties earned by the Composer four times per year. Royalties due which total under $50.00 shall be accrued until such time that the total due is above $50.00. Royalties totaling $50.00 or more will be rendered to the Composer with the next quarterly statement.

  9. Ohio Law. This agreement shall be construed according to and governed by the laws of the State of Ohio.

  10. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of enforceability of the remaining provisions hereof.

  11. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect hereto and supersedes any prior negotiations or understandings.

In witness whereof, the parties hereto have executed this agreement the day and year first written above.

Composer:

___________________________________
(signature)

Witness:

___________________________________
(signature)

Address:

___________________________________  

Name:

___________________________________

City, ST Zip:

___________________________________  

Address:

___________________________________

Citizenship:

___________________________________  

City, ST Zip:

___________________________________

Date of Birth:

___________________________________  

 

 

Tax ID:

___________________________________      
         
Not valid unless signed by an officer of ComposersWorld.com:

By:

___________________________________  

Date:

___________________________________
  Christopher Swainhart, President