| Subject: Engagement of backing musician or singer |
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Anonymous
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Date Posted: 03:38:56 06/03/03 Tue
6
Engagement of backing musician or singer1
(IMPORTANT NOTE: Agreements with individual artists have in recent years come under close scrutiny by the courts. In order to determine whether the particular combination of contractual provisions selected from the range of provisions contained in this Form will be enforceable, particular consideration should be given to the matters referred to in Paragraphs 133 [215] et seq ante, and the Form should be adjusted in the light of those matters and whatever commercial considerations are relevant to the proposed arrangements.)
From: (name of company) whose registered office is at (address) (the ‘Company’)
To: (name of artist) of (address)
Dated: (date)
[693]
Dear (name)
This letter is to confirm the agreement between you and the Company for the engagement of your services as a [musician or singer] subject to the following terms and conditions.
1 Engagement
The Company engages you and you agree to render to the Company your services as a musician or singer on an exclusive basis [in connection with (specify album or work)] on (dates) at (times) at [(venues) or (studios)] and to perform the musical works listed in the Schedule [and/or such other works as the Company may require]2.
2 Remuneration
As full and final consideration for your services and subject to the full and timely observance and performance by you of your warranties and undertakings the Company undertakes to pay you the sum of £[……] payable on completion of your services. You confirm that [……]% of such sum shall constitute equitable remuneration for the exploitation of the Rental Rights in relation to your services3.
[694]
3 Consents
You irrevocably and unconditionally give and confirm to the Company in respect of all performances rendered as part of your services under this Agreement all consents required pursuant to the Copyright, Designs and Patents Act 1988 Part II and all other relevant legislation existing now or in the future for the sole and exclusive world-wide exploitation by the Company its successors assignees and licensees of your performance in any and all media by any and all means now known or developed in future, and you assign to the Company the copyright all Performers’ Property Rights and all related Rental Rights and all other rights to and in the product of your services rendered to the Company under this Agreement TO HOLD to the Company absolutely without reservation for the use and benefit of the Company its successors, assignees and licensees throughout the world for the full period of copyright including all renewals, revivals, reversions and any extensions created or provided by the law of any country and you confirm the irrevocable and unconditional waiver by you of any and all rights which you may have pursuant to the Copyright, Designs and Patents Act 1988 Sections 77, 80, 84 and 854 and any other similar rights now existing or created in future in any part of the world.
[695]
4 Warranties
You undertake, warrant, confirm and agree that you:
4.1 shall execute all and any deeds and documents and take such other steps as are required by the Company to secure to the Company the rights granted to the Company;
4.2 are free to enter into this Agreement and have attained the age of 18;
4.3 shall not for a period of 5 years from the date of this Agreement directly or indirectly be involved in the recording of material which might lead to a competing recording;
4.4 shall keep confidential all matters connected with the [album or work] and this Agreement;
4.5 shall not be entitled to any credit in respect of your performance5.
[696]
5 Interpretation
5.1 For the purposes of this Agreement:
(a) ‘Performers’ Property Rights’ means in relation to any and all performances given by you as part of your services those rights specified in the Copyright, Designs and Patents Act 1988 Section 191A(1)6;
(b) ‘Rental Right’ means the entire rental and lending right in relation to all copyright works by and/or performances by you within the meaning of the Copyright, Designs and Patents Act 1988 Sections 18A(2) to (6) and 182C(2) to (7) to the extent that the same are created by your services7.
5.2 Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
5.3 The word ‘copyright’ means the entire copyright including rental and lending right, database right and design right subsisting under the laws of the United Kingdom and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world8.
5.4 The term ‘equitable remuneration’ shall have the meaning ascribed to it in EEC Council Directive 92/100 and in the event that there is any conflict between provisions contained in legislation implementing such directive in states in the European Economic Area for the purposes of determining any issue in relation to equitable remuneration in this Agreement the provisions of United Kingdom Statutory Instrument 1996/2967 shall prevail and be binding on the parties9.
[697]
6 Miscellaneous
6.1 We shall be free to assign, sublicense or otherwise deal with the whole or any part of our rights in the [album or work].
6.2 Nothing in this Agreement shall or shall be deemed to constitute a partnership or a joint venture or contract of employment between the parties.
6.3 This Agreement shall be governed by and construed in accordance with the law of England and Wales the courts of which shall be courts of competent jurisdiction.
Please indicate your agreement with and acceptance of the above by signing the enclosed copy of this letter and returning it to the Company.
Yours faithfully
(signature for and on behalf of the company)
I confirm and agree the above and agree to be bound by it.
(signature of musician or singer)
SCHEDULE
Musical Works
(set out list of works)
[698]
1 See generally Form 72 note 1 [1704] post. This Form is intended for use in circumstances where the Company wishes to engage a backing musician/singer to perform in a live venue or in studios. The Form is drafted from the point of view of the Company. The Form may be required in addition to the musician’s payment voucher provided for by any relevant union agreement. Care should be taken by the Company to ensure that the agreement is in accordance with the provisions of the relevant union agreement and that the remuneration payable to the musician/singer is no less than the minimum required pursuant to any applicable union agreement.
2 As a practical point, the individual singer/musician will generally wish advance notification of the types of works required by the Company, and it would be normal to expect the dates and times to include some rehearsal facility.
3 See Form 1 note 21 [630] ante.
4 See Paragraphs 80 [122] et seq ante.
5 The question of what credits, if any, are appropriate will vary in different circumstances.
6 As to performers’ property rights see Paragraphs 96 [148] et seq ante. See also Form 1 note 99 [632] ante.
7 See Form 1 note 99 [632] ante.
8 See Form 1 note 107 [632] ante.
9 See Form 1 note 108 [632] ante.
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