FOREIGN AGENCY AGREEMENT
This is an AGENCY AGREEMENT made this
____ day of __________, 199_, by and between _______________________
(hereinafter referred to as "Principal") and ____________________
(hereinafter referred to as "Agent").
Principal is the owner of the mechanical
recording rights in copyrighted musical work referred to as _________________
(hereinafter referred to as the "Composition/Album") with
music and lyrics by __________________ as recorded by _________________.
Principal does hereby appoint Agent as
lawful agent and representative for the purpose of exploiting, marketing
and negotiating for the granting of sub-publishers within the territory
of _____________________ (hereinafter referred to as "Licensed
Territory") the following rights:
1. Exclusive right to print, publish
and vend copies of the Composition/Album in the Licensed Territory.
2. The exclusive rights for mechanical
and electrical reproduction of the Composition/Album in the Licensed
Territory on phonograph records and prerecorded tapes and transcriptions.
3. The nonexclusive right of public performance,
including broadcasting on television of the Composition/Album and
the licensing of the Composition/Album for such purposes in and
the Licensed Territory.
4. The nonexclusive right to grant nonexclusive
licenses for the recording of the Composition/Album in and with
motion pictures and television productions produced in the Licensed
Territory subject to the written approval of the Principal.
5. The nonexclusive right, with the prior
approval of the Principal, to make and publish new translations
of the lyrics hereof and to the language or languages of the Licensed
Territory with the rights herein above provided in subparagraphs
1 and 4 hereof. All such new matters shall be copyrighted only in
the name of Owner and shall be the sole property of the Owner.
As compensation for Agent's efforts and
Principal agrees to pay Agent as follows:
(a) ______ ( %) Percent of any and
all gross receipts paid or credited to principal for each use
of the Composition/Album in any album, book, folio, or newspaper,
(b) ______ ( %) of the retail selling
price of each copy of the Composition/Album in any form sold and
credited or paid for and not returned,
(c) _____ ( %) of any and all gross
receipts paid or credited to the Principal by any licensee for
mechanical reproductions thereof on phonorecords and prerecorded
tapes, videos, and any and all other means of mechanically reproducing
(d) ______ ( %) of all monies paid
or credited to Principal by any licensee for any use thereof whatsoever,
including but not limited to gross broadcast and performance fees
in respect to public performances thereof, in the Licensed Territory.
All monies due Agent hereunder shall
be payable to Agent within thirty days after monies paid to Principal
pursuant to agent's work hereunder is received by or credited to
Principal. Such payments shall be accompanied by an accounting statement
reflecting gross amounts from each source which the Principal is
accountable to Agent. Agent shall have reasonable access to all
books and records regarding this Composition/Album.
The term of this Agreement shall be for
a period of _______ year(s) commencing on the date of execution
of this Agreement.
This Agreement shall inure to the benefit
of and shall be binding upon the parties hereto, their heirs, successors
This Agreement is not assignable by either
party without written consent of both parties. This Agreement shall
be construed under the laws of the State of (STATE).
Nothing herein contained shall be construed
as a partnership or joint venture between the parties hereto.
This Agreement cannot be canceled, altered,
modified, amended, or waived in part or in full in any way except
by an instrument in writing signed by both parties.
IN WITNESS WHEREOF,
the parties hereto have hereunto set their hands the day and year
first written above.