| Subject: performers consent |
Author:
Anonymous
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Date Posted: 03:41:08 06/03/03 Tue
7
Performer’s consent1
(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 artist) of (address)
To: (name of company) whose registered office is at (address)
Dated: (date)
[700]
‘(name of work or album or record)’.
In consideration of the payment to me of the sum of £[……] (the receipt of which I acknowledge)2 in respect of the recording of my performance for you in connection with the above [work or album or record]:
1 I irrevocably give and confirm to you in respect of my performance all consents required pursuant to the Copyright, Designs and Patents Act 1988 Part II and any other laws now or in future in force in any part of the world for the sole and exclusive world-wide exploitation by you, your successors, assignees and licensees of my performance in any and all media by any and all means now known or developed in future, and I assign to you the copyright all Performers’ Property Rights and all related Rental Rights and all other rights to and in the product of my services rendered in connection with such performance3 TO HOLD to you without reservation for your own use and benefit and that of your successors, assignees and licensees absolutely 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 I confirm the irrevocable and unconditional waiver by me of all rights which I may have pursuant to the Copyright, Designs and Patents Act 1988 Sections 77, 80, 84 and 854 and any other moral rights provided for under the laws now or in future in force in any part of the world5.
[701]
2 I undertake, warrant and agree that I:
2.1 shall execute any and all deeds and documents and take such steps as are necessary to secure to you the rights granted to you;
2.2 have attained the age of 18 and am free to enter into this Agreement and have not and shall not enter into any agreement which may conflict with it;
2.3 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;
2.4 shall keep confidential all matters connected with the [work or album or record] and this Agreement;
2.5 shall not be entitled to any credit in respect of my performance;
2.6 am and was at the time of the recording of my performance a member in good standing of [the Musicians’ Union or Equity].
3 There shall not be any obligation on you to produce records or other devices embodying my performance or for you to include my performance in them or for you to exploit or continue to exploit such records or other devices.
4 I confirm that [[……]% of] the sum paid to me pursuant to this Agreement constitutes equitable remuneration for the exploitation of the Rental Rights in relation to my services6.
[702]
5 For the purposes of this Agreement:
(a) ‘Performers’ Property Rights’ means in relation to any and all performances given by me pursuant to this Agreement those rights specified in the Copyright, Designs and Patents Act 1988 Section 191A(1)7;
(b) ‘Rental Right’ means the entire rental and lending right in relation to all copyright works by and/or performances by me 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 my services8.
6 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.
7 You shall be free to assign, sublicense or otherwise deal with the whole or any part of your rights in the [work or album or record].
9 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.
(signature of artist)
1 See generally Form 72 note 1 [1704] post. This Form is intended for use in circumstances where the Company wishes to obtain from a performer consent in connection with a recording which may be already in existence. As to performers’ rights and recording rights see generally Paragraphs 93 [145] et seq ante.
2 The payment undertaking may include a royalty or percentage of future income in which case the receipt provision will need to be amended.
3 The assignment of copyright will extend only to the copyright in the product of the services rendered by the artist. It will not include copyright in the product of any other services rendered in connection with the work, nor will it include any underlying rights of literary or musical copyright in respect of music, lyrics, orchestrations, arrangements, editions etc.
4 See Paragraphs 80 [122] et seq ante.
5 As to moral rights see generally Paragraphs 80 [122] et seq ante. The waiver of moral rights will extend only to the contribution of the artist and not to the contributions of the other underlying rights owners referred to in note 3 above.
6 See Form 1 note 21 [630] ante.
7 As to performers’ property rights see Paragraphs 96 [148] et seq ante.
8 See Form 1 note 99 [632] ante.
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