Professional Documents
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Contract Agreement (Atom Swag)
Contract Agreement (Atom Swag)
Contract Agreement (Atom Swag)
The following shall constitute an agreement (“Agreement”) dated the 29 day of May, 2021 between
KIBBUTZ RECORDS with headquarters in Quinta Senhora da Luz, Lote 12 – 3720-809 Vila de
Cucujães, Portugal here represented by Maria Gonçalves Da Silva with the NIF. 292626444, hereinafter
referred to as LABEL
And
Swagatam Dey, who also uses the stage name, Atom Swag, with the Identity document Nº
314278854005, (Identity Card), Tax Nº N/A, resident and domiciled in H.No 31 Tanvi State Amritpuri
Near Awadhpuri Bhopal, M.P., Bhopal, Madhya Pradesh – 462022, hereinafter referred to as “Author”,
“Artist”, “Artist’s”, “You” and “Your”, is established and reciprocally accepts the following
agreement.
1. CLAUSE - DEFINITIONS
“Services” shall refer to the services provided by LABEL.
“Author”, “Artist”, “Artist’s”, “You” and “Your” shall refer to the individual or individuals that are approved
to sign this agreement and agreeing to its terms and conditions.
2. CLAUSE – SERVICES
Label is hereby engaged to provide various services within the furtherance of your career in the music
industry as set forth in this Agreement.
3. CLAUSE
3.1. The author grants to the Label, worldwide, the exclusive right to edit and distribute the literary-
musical work(s) entitled:
Voodoo
3.2. The Label may publish the music(s) together with the respective lyrics, or publish the song (s) or
the lyrics separately and in this last case, prior to joint publication.
3.3. The Label shall ensure the distribution of the work (s) that is mentioned above.
3.4. The Label is obliged to promote the widest diffusion of the work (s), being of its responsibility of all
costs of the diffusion to marketing the work (s) in the market and its use by any and all means of
communication, existing or to be created.
3.5. The Author understands, agrees and accepts that the Label places the work (s) on social networks
(i.e. Facebook, YouTube, SoundCloud, MySpace, Twitter, etc.), websites, news agencies for the
purpose of promotion, and the Label is not obliged to pay Royalties.
3.6. The Author understands, agrees and accepts to cooperate with the publicity and promotion efforts
of the Label, and agree to support the sale of the work (s) mentioned above.
3.7. Publicity and promotion efforts are understood as being; The Author places the official links of the
work (s) in all its social Networks and personal website, or represented with its artistic name. Label
commits itself to provide the official links to the Author so that he can support the release(s).
3.8. Advanced promotional costs shall be 100% recoupable by the Label from the Artist’s royalty
revenue mutually agreed. The advanced promotional cost agreed for this release is 0€.
3.8.1. The Artist understands, agrees and accepts that royalties shall only be requested and
received once the promotion expenses have been 100% recouped.
4. CLAUSE - ARTWORK
The Label shall be the owner of the copyright in all artwork created for and incorporated into packaging
of Artist’s Records (“Artwork”) released pursuant to this Agreement. All creation and design costs are
the responsibility of the label. The Label agrees to consult with Artist in connection with the preparation
of the Artwork. Artist shall approval over the Artwork. However, in the event of a dispute, the decision
of the Label shall control.
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5. CLAUSE - WARRANTIES AND REPRESENTATIONS
The Author is responsible for the payments of all compensations or percentages to musicians,
performers or other parties involved in the work (s) above-mentioned in 3.1. Clause, in which it may be
required to pay a portion of the percentages received.
Artist warrants and represents the following:
a) Artist is not now and during the Term shall not be a party to or bound by any contract or agreement
that will interfere in any manner with the manufacture and marketing and sale of the Recording by Label.
Artist is under no disability, restriction or prohibition with respect to Artist’s right to sign and perform
under this Agreement.
b) The songs and performances embodied in the Recordings, and any use thereof by Label or its
grantees, licensees, or assigns, will not violate or infringe upon the rights of any third party. Artist has
secured all proper licenses for the right to perform and record all or any part of the performances or
recording embodied on Artist’s Master including for the use of any third party’s recording or composition
for use in what in commonly known as “sampling”, “replay”, or “interpolation”.
c) Artist expressly acknowledge that Artist’s services hereunder are of a special, unique, and intellectual
character which gives them peculiar value, and that in the event of a breach by you of any term,
condition, or covenant hereof, Label will be caused irreparable injury. Artist expressly agrees that in the
event you shall breach any provisions of this Agreement, Label shall be entitled to seek injunctive relief
and/or damages, as Label may deem appropriate, in addition to any other rights or remedies available
to Label, and Label shall have the right to recoup any such damages resulting from any such breach,
which shall be reduced to a final, adverse judgment, from any monies which may be payable to you
hereunder or under any other agreement between Artist and Label or Label’s our affiliates.
d) During the Term of this Agreement, if required by law or any other agreement that Label may become
a party to, Artist shall become and remains a member in good standing of any appropriate labour union
or unions. If Label becomes a party to any such union agreement, Label shall give Artist written notice
of such action.
e) Artist warrants that it is the sole owner of its professional name and that Artist has the sole and
exclusive right to use and to allow others to use the Artist’s professional name in connection with Artist’s
Entertainment Services.
f) Artist understands that the record industry and sales of records is speculative and that Label makes
no warranty or representations as to the success of the sales of Artist’s Records distributed and sold
hereunder.
g) Artist herby warrants and represents that it has the right to enter into this Agreement and to grant to
Label any rights granted herein, and that the exercises by Label of any and all rights with respect to the
Controlled Compositions will not violate or infringe upon any common law or statutory rights of any
person, firm or corporations, including without limitation, contractual rights, copyrights and rights of
privacy. The rights granted herein are free and clear of any claims, demands, liens or encumbrances.
Artist acknowledges that Label has the right to administer and publish compositions other than Artist’s
Controlled Compositions.
h) The rights of the parties hereto in and each, shall extend for the full term of the copyrights and of any
derivative copyrights therein the Territory.
i) The parties hereto shall execute any further documents including without limitation assignments to
copyrights, and do all acts necessary to fully effectuate the terms and provisions of this Agreement.
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j) Artist herby warrants and represents that are not under any restriction or prohibition regard to the right
to sign and carry out this agreement.
k) Artist declare not be under age of consent, or be under the age but have consent by the parental
responsible or guardian.
a) To manufacture, advertise, sell, distribute, lease, license, or otherwise use or dispose of the Masters
and Records embodying the songs, in any or all fields of use, including Digital Transmissions, by any
and all media now or hereafter know, upon such terms and conditions as Label may elect or, in its sole
discretion, refrain therefrom;
b) To use and publish the names (including all professional, group, and assumed or fictitious names),
photographs and biographical material or Artist, in connection with the promotion, exploitation and sale
of Records; and
c) To release derivatives of any one or more of the Masters on any medium or device now or hereafter
know, under any name, trademark or Label which the Label and its Licensees may from time to time
elect.
d) To license in any and all media, which includes the right to issue contracts, of any duration (including
a perpetual duration), permitting third parties to synchronize, perform (including public performance),
communicate to the public, display, reproduce, distribute, deliver, transmit and otherwise use the master
in connection with any and all media, and by any means, now known or hereafter devised, including
films, videos, television programs (including cable and digital), advertisements (including commercials),
and games (including app-games, console games, and computer games). Contracts may include the
privilege to edit the musical composition or recording arrangement in some way.
a) Artist has the right and authority to enter into this agreement and to grant to the Label all rights
specified hereunder;
b) All of the recordings, artwork, metadata, videos and any other materials delivered by the Artist are
owned or controlled by the Artist and the Label’s use and exploitation of such materials, as authorized
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and contemplated hereunder, shall not infringe on the copyrights or other rights of any third person or
entity;
c) Artist has not granted and will not grant to any third party any rights that are inconsistent with those
granted to the Label herein, and
d) The Label shall have the right to exploit same as authorized under this agreement without obligation
to make payments to any person or entity, other than the amounts due to Client.
8. CLAUSE - DISTRIBUTION
a) Distribution Agreement: Label shall secure Digital distribution for the work (s) mentioned in 3.1.
Clause, worldwide Digital distribution (i.e. iTunes, Amazon, Spotify, Beatport, etc.) (“Worldwide Digital
Distributor”) no later than twelve (12) months after Delivery of the Masters by Artist. In the event the
Label fails to release the work (s) mentioned above, Artist shall give written notice to the Label of its
failure to release pursuant to this paragraph. The Label shall have an additional sixty (60) days from
the date of receipt of written notice by Artist of Label’s failure to secure a Worldwide Digital Distributor
and release the work (s) mentioned in 3.1. Clause. If Label fails to release the work (s) mentioned above
with a Worldwide Digital Distributor within sixty (60) days following receipt of written notice by Artist,
Label shall have no right to exercise its Options to extend this Agreement under the Option Period and
this Agreement shall terminate by its own terms.
b) Artist agreed that cannot distribute or Assign the work (s) mentioned in 3.1. Clause to other digital
distribution network, physical distribution (i.e. cd’s, Vinyl, etc.) or a new Label’s or publisher.
c) Artist understands and agreed that the Label and authorized third party partners are the exclusive
distributers of the work (s) mentioned in 3.1. Clause.
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publishing or licensing entities that license the Controlled Compositions on behalf of Artist to direct
payment of Label’s co-publishing interest directly to Label. Any licenses issues by Artist or any third
party shall not require the approval of Label and shall be valid so long as any payments, fees or royalties
are paid to Label as owed.
b) In the case of co-written Controlled Compositions, such administration shall only extend to Artist’s
fractional interest, calculated by multiplying one hundred per cent (100%) by a fraction, the numerator
of which is Artist and the denominator of which is the total number of contributing writers.
c) Label and Label’s foreign subsidiaries, affiliates and licensees have the fullest possible rights to
administer and exploit the Controlled Compositions, to print, publish, shell, dramatize, use and license
any and all uses of the Controlled Compositions, to execute in its own name any and all licenses and
agreements whatsoever affecting the Controlled Compositions, including but not limited to licenses for
mechanical reproductions, public performance, dramatic uses, synchronization uses and sub
publication, and to assign or license such rights to others, to utilize Artist’s name and likeness in
connection therewith and to execute PA forms (and other routine copyright documents) in Artist’s names
and on Artist’s behalf as attorney-in-fact (which appointment is coupled with an interest and is therefore
irrevocable).
d) Label’s exploitation of the Controlled Compositions shall be restricted in the same manner as its
rights to the Masters hereunder as set above in 6. Clause of this Agreement.
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GENERAL PROVISIONS
14. CLAUSE - COLLECTION OF INCOME
During the Term of this agreement and in perpetuity thereafter, unless specifically set forth otherwise,
Label shall receive and collect:
a) All Gross Receipts derived from advances, royalties or fees or income derived from the sales or
licenses of the Masters recorded hereunder including but not limited to sales of Records;
b) Except for collection and distribution of performance royalties as set forth in Clause 10 and 11 of this
Agreement, all Gross receipts derived from advances, royalties or fees paid to Artist for publishing
income derived from the exploitations and licenses of the Controlled Compositions issued by Label.
a) Exploitation of Masters and Sales of Records and Videos: Label shall pay to Artist as a royalty, fifty
per cent (50%) of the Net Receipts calculated by Label, from all exploitations of the Masters, including
but not limited to sales of the Masters, sales of Records including Digital Formats, downloads,
streaming, fixed-rate licenses, etc., and the sale or exploitation of videos, or other that may be created.
b) Publishing Income: Except for royalties received by Label’s performance right society for the
publisher’s share of performance rights, Label shall pay to Artist as songwriter royalties fifty per cent
(50%) of the Gross Receipts collected by Label for any exploitation’s or licenses issued by it for the
Controlled Compositions. Additionally, Label shall pay to Artist fifty per cent (50%) of the Net Receipts
as payment for Artist’s co-publishing share and shall retain the remaining amount for Label’s own
account.
c) YouTube and SoundCloud Monetization: Label shall pay Artist seventy-five per cent (75%) of the Net
Sums that Label receive for all uses, from the exploitations “YouTube and SoundCloud claims” of the
work (s) mentioned in 3.1. Clause. You agreed opted in to our service offering to identify claims against
unauthorized individuals and/or entities that are using and exploiting your work (s) mentioned above.
You agree and permit the Label to negotiate and enter into settlements or agreements to license or
otherwise monetize those YouTube and SoundCloud Claims (or to refrain from doing so) with such
individuals and entities on your behalf on such terms as we may elect in our sole discretion.
If at the end of each quarter the Artist does not reach 100€ (Euros), the balance accumulates for the
following quarter and so on.
a) Payments are made quarterly. The Statements are available approximately 30-45 days after the end
of the quarter.
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b) However, this agreement will expire if the Label does not publish and distribute the work (s) within
one year after the date of this agreement.
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26. CLAUSE – AMENDMENT
This writing sets forth the entire understanding between the parties with respect to the subject matter
hereof, and no modification, amendment, waiver termination or discharge of this Agreement shall be
binding upon the Label unless confirmed by a written instrument signed by an authorized officer of the
Label. No waiver of any provision or any default under this Agreement shall constitute a waiver by Label
of compliance thereafter with the same or any other provision or its right to enforce the same or any
other provision thereafter.
b) Artist agrees to execute any additional agreements as necessary to effectuate the rights granted to
Label in this Agreement including but not limited to letters of direction, copyright assignments or
authorization letters.
The effective date of this Agreement shall be the first date written above.
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