Contract Agreement (Atom Swag)

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MULTIPLE RIGHTS AGREEMENT

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.

6. CLAUSE - MASTERS RIGHTS


all the work(s) mentioned in 3.1. Clause shall be together with the performances embodied therein,
shall, from the inception of their creation, be entirely property of the Label in perpetuity, throughout the
worldwide, free of any claim whatsoever by Artist or by any persons deriving any rights or interests from
Artist. For the purposes hereof, all such Master recordings shall be works made for hire. In the event
such works are deemed not to be works made for hire, then pursuant to this Agreement you hereby
transfer Artist’s rights to the copyrights in the Masters upon request by the Label. Artist agrees to
execute any documents to fulfil the transfer of copyright to the Masters upon request by the Label. The
Label shall have the right to secure registration of the sound recording copyright in and to the Masters
in Label’s name as the owner and author thereof and to secure any and all renewals of such copyright.
Nevertheless, you shall, upon our request, execute and deliverer to us any assignments of copyright
(including renewals and extensions thereof) in and to such Master recordings as we may deem
necessary. Label (and its Licensees) shall have the sole and exclusive right to use the Masters
throughout the worldwide or any part thereof in any manner it sees fit, including, without limitation, the
sole and exclusive right in perpetuity and throughout Territory:

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.

7. CLAUSE - VIDEO RIGHTS


During the term hereof, Label shall have the exclusive worldwide right to manufacture and distribute
audio-visual programs (“Videos”) for commercial and/or promotional purposes including any
commercial sale or other exploitation of so-called “long form” Videos or authorize other to do so. The
Artist warrants and represents that:

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.

9. CLAUSE - MECHANICAL LICENSE


All musical compositions or material recorded pursuant to this Agreement, which are written or
composed, in whole or in part, or owned or controlled directly by Artist or any producer of Masters
subject thereto (herein “Controlled Compositions”) appearing on the Masters and released on Records
hereunder, shall be and are hereby perpetually licensed to the Label for the Territory for Controlled
Compositions appearing on records released by Label. All Royalty payments for mechanical licenses
for Records distributed and sold by the Label shall be part of Artist’s Royalty payment set forth herein.
Artist understands Label shall not calculate or pay Artist a separate mechanical Royalty for sales of
Records unless such payment is made and received by a third-party licensor, distributor, record label,
etc.

CONTROLLED COMPOSITION LICENSING AGREEMENT


10. CLAUSE - GRANT OF PUBLISHING RIGHTS
a) Subject to those requirements and/or restrictions set forth herein, Artist hereby grants, to Label an
exclusive right during the Term and until such time that Label has recouped all Advances and Expenses
under this Agreement, and non-exclusive thereafter to exploit and administer the copyrights in the
Controlled Compositions that are recorded on Masters owned by Label pursuant to this Agreement on
the respective Album, EP or Single. Label shall have the non-exclusive, rights to administration of the
Controlled Compositions for the life of copyright in each instance in the Territory. Artist hereby grants
to Label a twenty-five per cent (25%) non-ownership participatory interest in the Controlled
Compositions for the life of the copyrights. The Label shall have the right to be listed a co-publisher with
Artist’s affiliated Performance Rights Society and shall collect its share of a performance royalties
directly. Artist agrees that after the Term of this Agreement, at such time Label’s first regular statement
exhibits recoupment by Label of all Advances and Expenses, Label’s rights to exploit and administrate
the Controlled Compositions shall then be non-exclusive. Artist agrees to direct any third-party

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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.

11. CLAUSE - COLLECTION OF PERFORMANCE ROYALTIES


Small performing rights in the Controlled Compositions, to the extent permitted by law, shall be assigned
to and licenced by the performing rights society. Said society shall be and is hereby authorized to collect
and receive all monies earned from the public performance of the Controlled Compositions and shall
be and is hereby authorized to collect and receive all monies earned from the public performance of the
Controlled Compositions and shall be and is hereby directed to pay directly to the Label fifty per cent
(50%) of the publisher’s share of public performances fees for the Controlled Compositions. Artist shall
be paid fifty per cent (50%) of the publisher’s share and one hundred per cent (100%) of the writer’s
share payable by its affiliated performance rights society and Label shall not be entitled to any income
therefrom.

12. CLAUSE - LICENSING AND COLLECTION OF MECHANICAL ROYALTIES


The Mechanical rights that compete to the original Author and Label for the recording of the work (s)
that are the object of this agreement, shall be charged under the agreements entered under the BIEM;
In territories where there are no representations of the BIEM, these rights will be collected and sent to
the societies through the intermediary of entities it appointed.

13. CLAUSE - SUBPUBLISHING AGREEMENTS


Label may enter into sub-publishing or collection agreements with and license or assign this Agreement
and any of its rights hereunder and delegate any of its obligations hereunder to, any persons, firms or
corporations in the Territory. If Label is or shall be a party to any Sub-Publishing, collection or
administration agreement for any country of the world with a subsidiary or affiliate, such agreement
shall be deemed to be an agreement with an unrelated third party and, for the purposes of this
Agreement, such agreement shall be deemed to be on a basis no less favourable to Label than an
agreement providing for the Portuguese publisher to receive fifty per cent (50%) of the mechanical
royalties computed at the source, fifty per cent (50%) of public performance royalties computed at the
source and ten per cent (10%) of suggested retail selling price on printed editions.

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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.

15. CLAUSE - ROYALTIES


Label agrees to pay royalties (“Royalties”) to Artist as follows:

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.

16. CLAUSE - ROYALTY ACCOUNTING


The Label will provide you statements as to Net Sums payable to you within 45 days after the end of
each calendar quarter during the Term, together with payment of any Net Sums due to you for the
preceding calendar quarter. The statements may be provided to you by email. Unless you provide a
specific objection to the statement within 60 days from the date of the statement, such statements shall
be binding and you waive any objections to the validity and accuracy of such statement. We make
payments by: Check, PayPal, MoneyGram, Western Union and Bank Transfer. Tariffs, fees or costs
arising from payments are discounted from the payments and they are not from the responsibility of the
Label.

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.

17. CLAUSE - TERM


a) This agreement will be for an unlimited period and commences on the date stated in the first
paragraph of this agreement.

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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.

18. CLAUSE - NAME & LIKENESS


a) During the Term of this Agreement and for as long as Label shall be entitled to the rights granted to
it under this Agreement. Including the sale of Records or exploit Artist’s Controlled Compositions, Artist
hereby licenses to Label the non-exclusive right, and to license others the non-exclusive right, to use
Artist’s name, approved likeness, voice, approved biographical material or other identification for use in
association with any promotion, marketing or advertising, in any medium now known and existing or
that is created in the future.

19. CLAUSE - INDEMNIFICATION


Both Label and Artist agree to and do hereby indemnify, save and hold each other harmless of and from
any and all loss and damage (including reasonable attorney’s fees) arising out of or connected with any
claim by one or more third parties or any act by each other which is inconsistent with any of the
warranties, representations, and/or agreements made by each party herein, and agrees to reimburse
each other on written demand for any reasonable payment made by either party at any time with respect
to any liability or claim to which the foregoing indemnity applies. Pending the determination of any claim
involving such alleged breach or failure, Label may withhold sums due Artist hereunder in an amount
consistent with such claim. Any judgments against Label and any settlements by Label of claims against
Artist together with costs and expenses, including attorney fees shall be paid to Label promptly upon
demand and may also be recouped by Label from any Royalties payable to artist hereunder.

20. CLAUSE – OPPORTUNITY TO CURE


The Label shall not be deemed to be in breach of any of its obligations hereunder unless we receive
specific written notice from you via FedEx or registered or certified mail (return receipt requested) of an
alleged breach and the Label fails to cure such breach, if any, within 30 days following our receipt of
such written notice.

21. CLAUSE – NO INTEGRATION


These Terms of services constitute the complete and final expression of the entire and only
understanding between you and the Label relating to the subject matter of this agreement and
supersedes any prior written or oral representations.

22. CLAUSE – APPROVAL


Wherever in this Agreement Artist’s approval or consent is required, Artist’s approval shall not be
withheld unreasonably and failure to give such approval or disapproval within seven (7) days of notice
by Label shall be deemed and approval by Artist. When such approval is to be mutual, in the event of
dispute Label’s decision shall control.

23. CLAUSE – ASSIGNMENT


This agreement may not be assigned by you without the prior written approval of the Label. The Label
may assign trade or sell this agreement without your consent.

24. CLAUSE – SUCCESSOR IN INTEREST


This Agreement shall insure to the benefit of and be binding upon each of the parties hereto and their
respective successor, permitted assigns, and representatives. Label may, at its election, assign this
Agreement or any of its rights hereunder.

25. CLAUSE – INVALITY OF TERMS


If any provision of these agreement is deemed invalid or unenforceable under any statute, regulation,
ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or
deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court,
and the remaining provisions shall remain in full force and effect.

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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.

27. CLAUSE – APPLICABLE LAW


For any litigation arising from this agreement, the parties hereby choose and accept the Forum of
Oliveira de Azeméis in Portugal, with express waiver of any other.

28. CLAUSE – MISCELLANEOUS


a) Nothing contained herein shall constitute a partnership between or a joint venture by Label and Artist.

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.

29. CLAUSE RIGHT TO LEGAL REPRESENTATION


The Artist warrants that have read and understood this agreement. The Artist declares and
warrants that have been informed of the right to seek independent legal advice before voluntarily
signing this agreement.

The effective date of this Agreement shall be the first date written above.

AUTHOR/ARTIST full Name: Swagatam Dey

AUTHOR/ARTIST artistic or stage Name: Atom Swag

AUTHOR/ARTIST Email Address: atomswag1307@gmail.com

Label Kibbutz Records

_________________________________ _________________________________

Signature of Author/Artist Maria Da Silva, Label Representative

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