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Contract of Nature of Agreement, Copyright, and Royalty Sharing for Original Custom Songs
The relationship between the creator, Chelsea Robson, of the original musical works (including melody, lyrics, instrumentation, vocal performance, and sound recording) being requested and paid for by the purchaser (as listed in the billing details of this page) is not that of employer and employee under the common law of agency, but independent contractor, Chelsea Robson, and client, (Purchaser Name). Thus, the original works paid for by the purchaser in this agreement shall not be determined as a work made for hire.
The author of the original musical works is Chelsea Robson to be created for the purchaser. Therefore, Chelsea Robson has the right to maintain 100% of the copyright, writer ownership, and publisher ownership should she so choose, including PA (Performing Arts) and SR (Sound Recordings) of the completed musical works.
Chelsea Robson will register the copyright claim online with the Library of Congress via the electronic Copyright Office (eCO) service including a $35 registration fee. Upon confirmation from the Library of Congress that the claim has been processed and finalized, the copyright claim will be viewable to the public indicating date of copyright registration, title of work, and author. Hereinafter, the author, Chelsea Robson, has the right to register the original musical works with BMI (BROADCAST MUSIC, INC.) of which she is a writer and music publishing member, wherein, all due royalties for public performance of any kind (including but not limited to: domestic and/or international radio play, internet radio play, MP3 sales via online music download sites such as iTunes, Amazon, Rhapsody and others, hard copy CD sales, movie or documentary placement, movie or documentary soundtrack placement, television show placement, television commercial placement, internet television show placement, internet television commercial placement, internet advertisement campaign, restaurants, seminars, conferences, conventions, banquets, trainings, meetings, audio training programs, audio books, DVDs, music videos, online music videos, video games, public venue lobbies, blogs, etc.) will be paid and sent to Chelsea Robson and her music publishing company (Xelse Music Publishing Company).
As author, Chelsea Robson shall have the option to include the purchaser in the authorship of the original musical works. In such case, should Chelsea Robson wish to share in the copyright, when registering the copyright, Chelsea Robson will add the purchaser to the eCO form. Thus, Chelsea Robson and the purchaser will be listed as co-authors. Due to the Library of Congress policies, procedures, and operating practices, there is no opportunity for co-authors to list the individual percentage share of their co-ownership of the registered work. Therefore, should the two parties desire to have an agreed upon percentage share of the writing and publishing ownership of the musical works and the royalties due thereafter, Chelsea Robson and the purchaser shall determine their percentage royalty share independent of the copyright registration. Subsequently, since Chelsea Robson is a current writer and music publishing member of BMI and the sole owner of (“Xelse Music” publishing company), all paying royalties shall go to Chelsea Robson. However, in the instance where Chelsea Robson agrees to share in a percentage of royalties paid with the purchaser, he or she will need to also be a member of BMI, ASCAP, or another Performance Rights Organization (PRO) and provide proper documentation including writer and/or music publishing member numbers. All royalty payments will then be distributed directly to both parties independent of each other.
In the instance where Chelsea Robson agrees to royalty percentage sharing with the purchaser, Chelsea Robson reserves the right to give a royalty percentage share that protects the interest of the original author, Chelsea Robson. Therefore, per this agreement, Chelsea Robson is willing to share royalty percentage ownership in 10% increments up to a maximum of 50% royalty share.
For example, should Chelsea Robson be willing to give the original purchaser a 50% royalty percentage share, Chelsea Robson would receive 50% and the purchaser would receive 50% of all royalties paid per the agreement and process indicated above.
For each 10% of royalty share that Chelsea Robson agrees to give the purchaser, the purchaser will pay Chelsea Robson the amount of $500 in advance. For example, if Chelsea Robson and the purchaser agree to a 50% royalty percentage share for each party, the purchaser will pay Chelsea Robson $2500 in advance and provide the PRO membership number.
By clicking “Place Order” Independent contractor, Chelsea Robson, and the purchaser as indicated in the billing section of this page, agree to the nature of the agreement and business relationship as indicated in this contract.
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