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COMPOSER’S AGREEMENT

Dated: 02/03/23

BETWEEN: Astral

AND: Insomniac Games

RECITALS:
A. The Owner is the maker of a project entitled "Cutting-edge Corporate Trailer"
B. The Owner has commissioned the Composer to compose an original musical work and to
produce a sound recording for use in the soundtrack of the Project and the Composer has agreed to
provide these services on the following terms and conditions.

IT IS AGREED:

1. Obligations of the Composer


The Composer agrees:

• (a) to compose original music suitable for synchronisation with the Project (the "Musical Works") in
accordance with the "Brief", hereby referred to as Schedule A of this agreement; and the “Spotting
Notes”, hereby referred to as Schedule B of this agreement;
• (b) to select and engage musicians, to contract for recording facilities, to conduct recording
sessions and to do all things necessary to produce a master sound recording of a technical and
commercial quality suitable for incorporation into the soundtrack of the Project in the format
agreed upon in the “Brief” (the "Master");
• (c) to consult with the Owner in connection with the duties of the Composer when reasonably
required to do so;
• (d) to provide the Owner with music cue sheets for the Project for submission to APRA and/or an
APRA-a liated Overseas Performing Right Association if required.
• (e) The Composer has the rst right of refusal to perform further Services as a composer on any
delayed or additional work required on the Film. If the Composer is not available to perform
such services then the Composer shall be meaningfully consulted in the selection of the
Composer’s replacement.

2. Attendances
The Owner agrees that the Composer may attend the synchronisation of the Master with the visual
images of the Project, but at the Composer’s expense. either through online means or at the expense
of Insomniac Games.
No alterations, deletions or additions shall be made to the music soundtrack of the Film after or
during such preview, without prior meaningful consultation with the Composer.

3. Payment
The Owner agrees to pay the composer’s fee of $9000 within twenty-eight (28) working days upon
delivery of the Master.
Subject to clauses 5(a) (Acceptance of the work) and 10 (Termination) of this Agreement, nothing in
this clause shall excuse the Producer from paying the Composer the Budgeted Amount.

4. Time for Delivery


The Composer agrees to deliver the Master to the Owner by 09/05/23, subject to delivery of the Brief
and the ne cut of the Project by 09/03/23.
5. Acceptance of the Work
• (a) It is understood that the Composer will use their musical skill and judgement to create the
Musical Works, and the Owner agrees to accept the Musical Works unless the Owner can
demonstrate that the Musical Works were not created substantially in accordance with the Brief
and Spotting Notes,
• (b) Notwithstanding clause 5(a), the Owner is not obliged to use or incorporate the Musical Works
in the Project.

6. Grant of Rights in the Musical Work


• (a) Subject to the Owner paying the Composer in accordance with clause 3, the Composer grants
and assigns all rights, including right of authorship, copyright of the Music and the Master
exclusively to the Owner for the full term of the copyright throughout the Universe and subject to
any rights vested in APRA and a liated associations,
◦ (i) to reproduce the Musical Works by means of the Master and to incorporate the Master in
the soundtrack of the Project and to reproduce such a Project by means of lm, video
cassette or video disc. or by any other means now known or yet to be devised;
◦ (ii) to cause the Musical Works to be performed in public, broadcast or transmitted to
subscribers of a di usion service as the soundtrack for the project by any medium now known
or yet to be devised; by means of the production, sale, lease and hire of copies of the Film.
◦ (iii) to embody the Musical works in the soundtrack of any and all trailers and commercial
advertisement for the Project, or any other project so devised by the Owner, and to cause
such trailers and advertisements to be performed, broadcast or transmitted to subscribers of
a di usion service for the purpose of advertising and promoting the Project.
◦ (iv) to reproduce the Musical Works by means of the Master and to incorporate the Master in
the soundtrack of any future project and to reproduce such a the project entitled "Spiderman"
by means of lm, video cassette, and video disc or by any other means now known or yet to
be devised;
◦ (v) to edit the Musical Work and Master to suit any future project and to reproduce such a
project by means of lm, video cassette, video disc or by any other means now known or yet
to be devised;
◦ (vi) Nothing in this agreement gives the owner the right to incorporate the Musical Work and
Master into a commercial soundtrack release, DVD or streaming service, or to use other
ancillary rights in the Original Music, in any Arrangements, or in the Master Recording. Any
such uses shall be the subject of a separate written agreement. or any other medium now
known or yet to be devised
• (c) The Owner's rights under this agreement are limited to the rights described in clause 6(a).
• (d) The Owner acknowledges that the Composer reserves all other rights.

7. Composer's Credit
• (a) The Owner will credit and use its best endeavours to will ensure that all third parties credit the
Composer on all versions of the Project, reproductions of the Master and major paid advertising of
the Project as follows:
◦ Music by “Astral Mononym”
• (b) The Composer grants to the Owner the right to use and to authorise others to use without prior
written approval their name, likeness and biography for promotional purposes in connection with
the Project. provided that the Composer is not depicted as using or endorsing any product,
commodity, service or political cause without their consent.

8. Arrangement of pre-existing work


If the Owner commissions the Composer to arrange pre-existing music, pursuant to the Brief, the
Composer Owner shall be responsible for obtaining all clearances for the rights to make an
arrangement or adaptation of such music and to the composer will incorporate such music into the
Master and the Project in accordance with this agreement.

9. Composer's warranties and indemnities


• (a) subject to clause 8, the Musical Works will be solely the Composer's original work and will not
infringe any existing rights of any third parties (including copyright) nor constitute an unauthorised
adaptation or arrangement;
• (b) the Composer owner will obtain all necessary rights and releases pursuant to clause 8,
• (c) the Composer is entitled to assign all of the rights assigned under this agreement,
• (d) the Compositions are not defamatory to the Composer's knowledge, and the Composer
indemni es the Owner against all claims, proceedings, damages and costs (including legal costs)
made against the Owner as a result of any breach of these warranties.

10. Termination
This agreement may be terminated by
• (a) the Composer, if the Owner fails to pay in accordance with its obligations under clause 3 or the
Owner becomes insolvent, goes into liquidation or is declared bankrupt subject to the Composer
giving the Owner written noti cation of the breach and proposed termination and a period of
fourteen (14) days within which to remedy it. If the breach is not remedied within the period or if it
is not possible to remedy the breach, the Composer may terminate the agreement in which case
all rights granted to the Owner under this agreement will revert to the Composer without prejudice
to any rights at law to recover monies owing or any other damages.
• (b) the Owner, if the Composer fails to deliver the Master to the Owner in accordance with their
obligations under clause 4 or the Composer is in default of any material provision of this
agreement, subject to the Owner giving the Composer written noti cation of the breach and
proposed termination and a period of fourteen (14) days within which to remedy it. If the breach is
not remedied within the period or if it is not possible to remedy the breach, the Owner may
terminate the agreement without prejudice to any rights at law to recover damages arising from the
breach.

11. General
• (a) Neither party to this agreement may assign their rights to any other person without the prior
written consent of the other party.
• (b) This agreement may be amended only in writing signed by both parties.
The law of Queensland shall govern this agreement and the parties submit to the jurisdiction of the
Courts of Queensland.

Signed by/for and on behalf of the Owner Date: 02/03/23

Name: Michael Dodge

Witness Signature:

Witness Name:

cops
Signed by/for and on behalf of the Composer . . . . . . . . . . . . . . . . . . . . . . . . . . . Date.

Name: Astral Mononym

Witness Signature:
Witness Name:

Schedule A
The Brief

Duration of Music Required: 1 minute 30 seconds.

The Composer's fee is $9000 and includes: studio hire; session fees, performers’ fees and recording
media.
Schedule of Payments: $9000
100% upon delivery of the master recordings to the Owner, to be paid within twenty eight (28)
working days.
Recording Format of Master: 48K/24bit stereo
Composer's Credit:
"Music by Astral Mononym".
Delivery Deadline of Fine Cut: 09/03/23
Production Deadline of Master: 09/05/23
Schedule B
See Spotting Notes

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