Professional Documents
Culture Documents
1.01
During the tern of this agreement, you will
furnish the exclusive services of JANES AVERY, TONY FISHER,
ROBERT REED and TAYLOR REED, in their capacities as members
of the musical group professionally known as "Trouble Funk"
(hereinafter referred to as "Artist") to perform for the
as
provided in
purpose of making Phonograph Records
paragraph 1.03.
1.02
(a)
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Initial Period:
(a)
Only
Master
Recordings
consisting
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hereunder together
Artist's consent.
with
any
other
artist
without
the
1.07
If the Minimum Recording Commitment for the
Contract Period concerned is one Album or less, the entire
Minimum Recording Commitment will be conipleted and Delivered
to Company within the first six (6' months of the Contract
Period.
If the Minimum Recording Commitment is more than
one Album, the first Album will be completed and Delivered
Company
and
its
unlimited
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2.01
No recording sessions shall he commenced
(a)
or
shall
hereunder by either
you
Company,
nor
any
incurred
commitments be made
or
costs
connection
in
Except
to the
obtain
order,
Selection of material,
number of Compositions to be recorded.
including
Specifications
of
arrangement and copying services, if any.
accompanii2ent,
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2.02
No "live" Recording or Recording not made in
full compliance wth the provisions of this agreement will
apply in fulfillment of your Recording Commitment, nor will
Company be required to make any payments in connection with
any such Recording, m1e&s_.Crmpaiyagrees in writing
Recording is actually released by C1pany.
2.03
to
subject
PAYMENTS ID ADVANCES
Upon execution
of
this
agreement,
3.01
(a
Company will pay you a non-returnable non-recoupable payment
of Fifteen Thousand Dollars ($15,000).
(b)
Subject
to Article
hereof,
Company
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Contract Period
Initial Period
first Album ("In Times
(i)
of Trouble")
4LJ
$75,000
First Album
Overcall Album
$lO0,OOQL.
i25,000;
First Album
Overcall Album
$150,000
$175,000
ROYALTIES
4.01
Conditioned upon your performance of the
material terms hereof, Company shall pay to you in respect
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s
Recordings, royalty equal to fifty eight & one- third
percent (SB.33%) of the applicable gross royalty (including,
but not limited to, percentages of flat fee payments)
payable to Company pursuant to the Island Contract in
respect of Artist Recordings, provided, however, that in no
event will the riet royalty for net sales through normal
retail channels in the United States:
in
&
5.
6.
ROYALTY ACCOUNTING
6.01
Subject to Articles 2
&
4, hereof, Company
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continuance
to
examine
Company's
books
and
records
with
6A.
for
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(2)
Company
or
will
compute
its
Licensees
Mechanical Royalties on Controlled Compositions as of the
end of each calendar quarter-annual period for that calendar
quarter. On the next May 15th, August 15, November 15th, or
February 15th, Company or its Licensees in the United States
to Company an irrevocable
reproduce each Controlled
7.
WARRANTIES; REPRESENTATIONS:
7.0].
(a)
RESTRICTIONS: INDE!NITIPS
into
use
thereof,
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and hold harmless the other from and against any and all
claims, damages, liabilities, costs and expenses, including
legal expenses and reasonable counsel fees, arising out of
any breach by the other of any warranty or agreement made by
The breaching Party will reimburse
th other herein.
on demand for any payment made at any time after the date
hereof in respect of any liability or claim 'in 'respect or
which the other Party are entitled to be indemnified.
7.03
you nor the Artist will enter into any agreement which would
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7.04
If you or Artist shall become aware of any
unauthorized Recordings, manufacture, distribution or sale
by any third party contrary to the foregoing re-Recording
restrictions, you arid Artist shall notify Company thereof
and shall cooperate with Company in the event that Company
commences any action of proceeding against such third party.
7.05
The services of the Artist may be are unique
and e>traordinary, and the loss thereof cannot be adequately
relief
to
enforce
the
provisions
of
this
RELEASE
all
for
you,
less
the
recording
costs
for
the
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Album,
then
the
for
the
(60)
day
9.
DEFINITIONS
Records.
9.02 "Person" and Party" - an individual, corporation,
partnership, association or other organized group of persons
or legal successors or representatives of the foregong;
all
9.03
"Records", "Phonograph Recorjs" and "Recordings"
forms
of
now
or hereafter
reproduction
known,
to this agreement.
9.05
"Album"
one or more twelve-inch 33 l./3 rpm
Records, or the equivalent thereof, consisting of at least.
thirty five (35) minutes and not more than forty (40)
minutes in playing time, of newly recorded Sides (including
the first Initial Period Album), which are Recorded in
connection with a specific Album project, but not including
Sides which were Recorded in connection with any other Album
project.
9.06
"Side" - a Recording of sufficient playing time
to constitute one side of a 45 rpm Record, but not less than
two and one-quarter minutes of continuous sound;
9.07
Contract.
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"Territory"
the
"Territory"
in the
Island
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9.08
"Licensees"
includes, without limitation,
Island,
Company's distributors,
sub-distributors whether
independent, or branch distribution, who have the right to
9.10
"Delivery" or "Delivered" - when sed with
respect to Master Recordings, means the actual receipt by
Company of fully mixed and edited Master Recordings,
technically and commercially satisfactory to Company and
or its Licensees'manufacture of
ready
for Company
Records,
Phonograph
and
necessary
all
applicable approvals and consents.
licenses
and
Recording"
"Joint
any
Master Recording
the Artist's performance, together with the
performance of another artist(s) with respect to which
Company is obligated to pay royalties.
9.11
embodying
9.12
"Contract Period1'
9.13
- the Initial Period, or any
OptionPeriod, of the term hereof (as such Periods may be
SUSPENSION
1.0].
D TERMINATION:
EVEITS OF DEFAUP
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1].
As
to
all
nattera
treated
herein
to
be
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NOTICES
12.01
Except
as
otherwise
specifically
provided
herein, all notices hereunder shall be in writing and shall
be given by registered or certified mail or telegraph
(prepaid), at the addresses shown above or such other
addrss or addresses as may be designatd by either party.
Notices shall be deemed given when mailed or delivered to a
telegraph office except that notice of change of address
shall be effective only from the date of its receipt. A
copy of each notice to you will be sent to P.O. Box 24122,
OTHER ARTISTS
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Iii])
recouped
against any unrecouped advances
or
payments
incurred with respect to Company or other artists under the
Island Contract.
respect
to
Masters
previously
With
(b)
recordd, Company and you shall divide the gross royalty&
&
one-third
percent
(58.33%) to Company;
MISCELLANEOUS
between
Company
and
any
labor
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14.06
This agreement has been entered into in the
District of Columbia, and the validity, interpretation and
legal effect of this agreement shall be governed by the laws
of the District of Columbia applicable to contracts entered
into and performed entirely within the District of Columbia,
with respect, to the determination of any. claim,. 4isput.e. o
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14.07
together
Company.
to
constitute
the
agreement
between
you
and
By:
its
Tony' F(,1
1obert Reed
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