Fill and Sign the Agreement Composition 497328701 Form

Assignment and Agreement for Sale of Musical Composition to Publisher with Royalties to Include Revenue from Recording Sales Agreement made on the ___ day of __________, 20___, between __________________ of (street address, city, county, state, zip code) , referred to herein as Composer, and ____________________, a corporation organized and existing under the laws of the state of ______________, with its principal office located at ______________________________ (street address, city, county, state, zip code) , referred to herein as Publisher. 1. Assignment Composer hereby sells and transfers to Publisher, its successors and assigns, a certain song or musical composition, including the words and music, bearing the title _____________________ , hereinafter called Composition, or any other title, name, or style that Publisher may at any time give to the Composition, together with the right to take out a copyright for or on it and each and every part, including words and music, to the full extent in all respects as Composer could or might be able to do if this Agreement had not been executed. 2. Other Agreements This Agreement, in all respects, shall be subject to any existing agreement between all of the parties to this Agreement and the American Society of Composers, Authors and Publishers and/or the Broadcast Music Industry . 3. Royalties In consideration of this Agreement, Publisher agrees to pay Composer as follows: (a) a royalty of $__________per copy for each regular piano copy sold and paid for at wholesale in the United States of America and _______________ ; (b) a royalty of $__________ per copy of orchestrations of the same in any form sold and paid for in the United States of America and ________________ ; (c) for all editions other than those specifically provided for in this agreement, a royalty of _____% of the net wholesale price; (d) $____________ if and when the Composition (music or lyrics) is published in any folio or composite work in the United States of America and ________________, regardless of the number of copies published. Folios and composite works shall be deemed to include any publication of a collection of at least five or more works contained within the same volume or binding; and (e) an amount equal to ________% of: (1) all net receipts of Publisher in respect of any licenses issued authorizing any person or organization to manufacture records, tapes, or other mechanical or electronic means of reproducing the Composition, to use the Composition in synchronization with sound motion pictures, or to otherwise publish audio reproductions; and (2) any and all receipts of Publisher from any other similar source or right relating to the Composition, now known or which may later come into existence, in the United States (e.g., Canada ). Notwithstanding any provision of this Agreement to the contrary, Composer shall not be entitled to any share of the moneys distributed to publisher by the American Society of Composers, Authors and Publishers and/or the Broadcast Music Industry . 4. Accounting Publisher shall render composer ____________________ (e.g., quarterly) royalty statements, and remit to composer all royalties accrued so long as it shall continue publication or the licensing of any rights in the Composition. 5. Advance Payments It is agreed that any sums at any time advanced by or which may be due or become due to Publisher shall and may be deducted from any moneys to which Composer may be or become entitled under the terms of this Agreement. 6. Audits Composer may appoint a certified public accountant who, at any time during usual business hours, shall have access to all records of Publisher relating to the Composition for the purpose of verifying royalty statements rendered or delinquent under the terms of this Agreement. 7. Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. WITNESS our signatures as of the day and date first above stated. ________________________________ ________________________ COMPOSER PRODUCER