Music Publishing / Distribution Agreement - Full Terms And Conditions

http://www.confidentialrecords.co.uk/ptac.htm

MAORI MUSIC Publishing (UK) Ltd : Standard Terms & Conditions

THIS AGREEMENT sets out the Terms agreed on between the following parties: MAORI MUSIC Publishing (UK) LTD ("the Publisher") / CONFIDENTIAL RECORDS (UK) LTD ("the Label") (where Applicable) and THE ARTIST [name(s) and address(es) as shown on Online Song Registration Form] (the Artist). WHEREAS the Artist is a composer, arranger and performer of music and/or author, arranger and performer of lyrics of musical compositions; the Publisher and Label are engaged in the music business and wish to act as a digital distributor, rights administrator and collection agent for the Artist and his/her musical compositions on a non-exclusive basis until the Artist no longer requires the services of the Publisher/Label. IT IS HEREBY AGREED as follows:ARTIST WARRANTIES The Artist warrants that he/she is the creator and/or owner of all titles submitted to the Publisher and Label (the Compositions) and others written prior to submission of the form, that the composition/s and/or recording/s contain no uncleared samples of copyrighted material and that he/she has full power to enter into this Agreement and that this Agreement does not infringe the rights of any third party. All rights are also granted in the mechanical recordings of the songs for synchronisational purposes. The Artist warrants that in the case of co-written Compositions the Artist will provide the Publisher with details of all co-composers and the correct share that all co-composers control. If the Artist is not a member of the Performing Right Society during the Term of this Agreement, any performing rights in Works shall be deemed to be licensed to the Publisher and Label so that the Publisher and Label shall be the Administrator and owner of the said rights during the Term and shall be empowered in turn to assign the said rights to the Performing Right Society. PUBLISHERS / LABEL'S OBLIGATIONS The Publisher and Label shall to the best of their ability ensure the collection promptly and in full of all earnings in respect of the Compositions and to maximise the income due to the Artist from the exploitation of the Compositions. The Publisher and Label shall ensure that the Compositions are notified to all relevant royalty collecting and licensing societies in the UK and will exploit the Compositions wherever possible by such means as requested by the Artist including but not limited to synchronisation uses.

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Music Publishing / Distribution Agreement - Full Terms And Conditions

http://www.confidentialrecords.co.uk/ptac.htm

DIGITAL DISTRIBUTION INCOME (Where Applicable) When the Label is engaged to arrange digital distribution for the Artist it's responsibilities will be as follows:To Organise and arrange non-exclusive Digital distribution for an agreed number of songs through iTunes, Spotify, Amazon and our other digital distribution outlets. The Label will pay to the Artist a royalty of 90% on all sales returns after the recovery of any agreed ADVANCE or Stated Fee equivalent to their appropriate distribution fee for either a SINGLE, EP or ALBUM, plus any agreed fee for additional necessary artwork preparation etc. The initial period of distribution will be for ONE YEAR. An optional annual review/renewal fee will be applicable one year after the date of initial release, payable by the Artist, at which time the Artist or Label may opt to DELETE the release at no cost to the Artist. The minimum period of contracture would be either 12 months or until such time as any Advance or Nominal Fee is fully recovered, whichever is the lesser. If, after the period of ONE YEAR from date of release, the ADVANCE / Stated Fee has not been fully recovered, then residual amounts due shall be considered as null and void with no further amounts being considered due from the Artist. PERFORMANCE AND MECHANICAL INCOME Monies, fees and royalties arising out of the administration of the rights vested in the Performing Right Society Limited ("PRS") and its affiliated societies for collection of performance in respect of the Compositions (including without limitation those monies arising from the performance or broadcasting of the Compositions) are referred to in this Agreement as "Performance Income" and are collected by the PRS and paid direct to its members in accordance with the rules laid down by that Society. It is agreed that the Publisher shall collect this Performance Income in respect of each Composition. The publisher will credit the artists / composers with 80% of all royalties received from PRS / MCPS by payment via their chosen payment method. The Publisher will retain 20% of royalties as an administration / processing fee. All due royalties will be sent to the first-named composer (in the case of multiple songwriters). In the event of one or more artist/composers being a member of a Performing Rights Organisation (PRO), then they shall receive their full 50% of the due royalties direct from their PRO and the residual 30% from the publisher's royalty share, payable to each songwriter respectively. The Artist will retain all rights pertaining to their own Writer-Membership of the PRS and all other Performing Rights Organisations. The Publisher will recover 100% of all Mechanical Income distributed by the Mechanical Copyright Protection Society ("MCPS") and shall then pay the Artist the full amount recovered after a deduction of a 20% administration fee (the

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Music Publishing / Distribution Agreement - Full Terms And Conditions

http://www.confidentialrecords.co.uk/ptac.htm

Mechanical Fee). The Artist will retain all rights pertaining to their own Writer-Membership of the PRS and other Performing Rights Organisations. SYNCHRONISATION The Publisher and Label have the right to promote the Compositions to Production Companies, Music Supervisors, Synchronisational Agents and the like for use by means of synchronisation with any cinematograph film, television film or production, video cassette or digital disc and with any commercial or advertisement. Fees arising from synchronisation uses are referred to in this Agreement as "Synchronisation Income" and are collected by the Publisher and Label in full. The Publisher and Label shall account to the Artist sums equal to the full Synchronisation Income received from the licensee after a deduction of a 20% administration fee ("the Sync Fee"). Synchronisational Promotion is undertaken on a non-exclusive basis and any Synchronisation Income negotiated and received by the Artist independently of the efforts of the Publisher and Label would remain theirs in their entirety. DURATION OF RIGHTS - TERMINATION OF AGREEMENTS The Artist agrees that this Agreement will be effectively from a date five years prior to the receipt of the Agreement, to the benefit of the Composer/s in perpetuity and forms the basis of our Standard Agreement. The Compositions shall be administered by the Publisher until the Artist gives the Publisher written notice that he no longer requires the services of the Publisher. Provided this is no sooner than a minimum period of 28 days after date of submission of the Agreement, then there will be no charge payable by the Artist. If termination is requested sooner than the initial 28 day period has elapsed, a charge of 5-00 per registered title will be levied on the Artist by the Publisher. This written notice to terminate may either be sent via email or posted to the Publisher by Royal Mail. The exception to the above is if the Artist has requested one of the available Advance Incentives, or is subject to a Nominal Fee Arrangement as previously outlined, in which case a minimum period of contracture of either 12 months or until full recovery of said Advance or Fee has been made, whichever is the lesser, shall apply. Upon receipt of a request to terminate the agreement, the Publisher and Label will have 28 days to commence revocation of its interest on all Compositions by means of notification of revocation to any involved collecting agencies. In the event that the Publisher and / or Label receives Digital Distribution Income or Performance Income after notification of cancellation, these amounts will be considered Null and Void. ACCOUNTING PROVISIONS The Label shall account to the Artist monthly, within the first ten (10) days of the month, itemising the total numbers of sales attributed to the digital release. The Artist will not receive a payment or a statement when no royalties have been collected or if they do not exceed 5-00 for UK Clients or 25-00 for International Clients, in which case all due royalties will be held over until they achieve this

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Music Publishing / Distribution Agreement - Full Terms And Conditions

http://www.confidentialrecords.co.uk/ptac.htm

minimum amount or will be paid a nominal fixed sum of 5-00 (irrespective of any value accrued over 1-00 for UK Clients and 21-00 (Sterling) for International Clients) annually in the October distribution. Payment will be made by either Internet Bank Transfer, International Bank Transfer / Western Union / MoneyGram or PayPal, as agreed by the Artist, with all attendant Banking charges payable by the Artist. The Publisher shall account to the Artist quarter-yearly in the form of an itemised royalty statement within thirty (30) days of 15th April, 15th July, 15th October and 15th October in each year for all sums received to the Artists account with the Publisher. The Publisher will forward any payment due to the Artist with such statement. The Artist will not receive a payment or a statement when no royalties have been collected or if they do not exceed 5-00 for UK Clients or 25-00 for International Clients, in which case all due royalties will be held over until they achieve this minimum amount or will be paid a nominal fixed sum of 5-00 (irrespective of any value accrued over 1-00 for UK Clients and 21-00 (Sterling) for International Clients) annually in the October distribution. Payment will be made by either Internet Bank Transfer, International Bank Transfer / Western Union / MoneyGram, or PayPal, as requested by the Artist, with all attendant charges payable by the Artist. DISPUTE RESOLUTION In the event of any dispute as to the sums due to the Artist pursuant to any accounting period, the Artist may appoint a recognised Chartered Accountant to examine the books and records of the Publisher and/or Label no more than once in any calendar year. The Artist shall give notice in writing of intent to audit within thirty (30) days of said notice. The Publisher and/or Label will co-operate with any such Accountant conducting such audit and make available copy documentation as may be reasonably required. In the event of any such audit where the Auditor is not engaged on a contingency or conditional fee or other speculative basis correctly revealing an under payment in excess of ten per cent (10%) of the monies due to the Artist or five hundred pounds (500) (whichever is greater), the Publisher and/or Label will pay the Artists reasonable costs of audit (not to include travel accommodation or subsistence costs) together with the outstanding sum and interest thereon at one per cent (1%) above the Publishers / Label's Bankers published base rate from time to time calculated from the date of due payment to the date of actual payment thereof. ADVANCE INCENTIVE SCHEME/S Additional Terms & Conditions pertaining to our ADVANCE INCENTIVE SCHEME/S (if applicable) can be seen HERE. MISC. / LEGAL All notices which either party shall deliver to the other shall be sent by pre-paid letter post using the address provided on the Agreement or scanned / sent by electronic mail to the notified e-mail address. All such notices shall be deemed served at the date three (3) days after the date of said mailing or upon actual receipt by the addressee whichever is earlier. Nothing in this agreement shall be construed so as to imply a partnership between the parties.

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Music Publishing / Distribution Agreement - Full Terms And Conditions

http://www.confidentialrecords.co.uk/ptac.htm

This agreement contains all of the terms agreed between the parties herewith. A person who is not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. The Clause headings do not form part of and shall not be read into the construction of the agreement. This agreement shall be governed and construed in accordance with English Law and the English Courts shall be the Courts of sole jurisdiction.
CONFIDENTIAL Records (UK) Ltd : (Bus. Reg. No.: 6820545) MAORI MUSIC Publishing (UK) Ltd : (Bus. Reg. No.: 7793627) PRS/MCPS CAE : 159804347 PPL Membership No.: 0102463585 SoundExchange Membership No.: 1000017931

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