Common use of Cast Album Clause in Contracts

Cast Album. Producer shall have the sole right to dispose of the right to make and distribute phonograph cast albums of the Play. The net proceeds derived from the disposition of cast album rights (after deductions of all costs of the production of the cast album that are required to be borne by the Producer under its agreement with the record company [which may be Producer or a company formed by Producer]) shall be divided 60% to Author and 40% to Producer, it being understood however that if the terms of any such disposition provide for financing toward the production costs of the Play or if the record company makes a contribution to Producer, that such financing or contribution shall not be deemed part of the proceeds from the cast album. Cast albums shall not be deemed Commercial Use Products under the APC. Author will grant or cause the music publisher to grant the necessary mechanical recording license on terms and conditions consistent with those then prevailing for mechanical recording licenses issued for original Broadway cast recordings. Author and Author’s music publisher shall accept, without regard to playing time or reprises, 75% of the minimum statutory rate applicable at the time of the initial release of the cast album with respect to mechanical licenses to be secured for original music and lyrics for a maximum of twelve (12) songs, regardless of the number of songs on the cast album. Nothing in this Agreement shall be deemed to prevent Author and Producer from agreeing to the use of compositions from the Musical in a soundtrack album. 9.

Cast Album. Producer shall have the sole right to dispose of the right to make and distribute phonograph cast albums of the Play. The net proceeds derived from the disposition of cast album rights (after deductions of all costs of the production of the cast album that are required to be borne by the Producer under its agreement with the record company [which may be Producer or a company formed by Producer]) shall be divided 60% to Author and 40% to Producer, it being understood however that if the terms of any such disposition provide for financing toward the production costs of the Play or if the record company makes a contribution to Producer, that such financing or contribution shall not be deemed part of the proceeds from the cast album. Cast albums shall not be deemed Commercial Use Products under the APC. Author will grant or cause the music publisher to grant the necessary mechanical recording license on terms and conditions consistent with those then prevailing for mechanical recording licenses issued for original Broadway cast recordings. Author and Author’s music publisher shall accept, without regard to playing time or reprises, 75% of the minimum statutory rate applicable at the time of the initial release of the cast album with respect to mechanical licenses to be secured for original music and lyrics for a maximum of twelve (12) songs, regardless of the number of songs on the cast album. Nothing in this Agreement shall be deemed to prevent Author and Producer from agreeing to the use of compositions from the Musical in a soundtrack album. 9.