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Common use of Company Services Clause in Contracts

Company Services. For those Compositions and Masters that Composer submits to Company for Exploitation ("Proposed Music"), and which Company, in its Discretion accepts for Exploitation, Company has the exclusive/non-exclusive right, as indicated on Schedule A, to Exploit the Music, for which Company will use reasonable commercial efforts. 2.1 Exploitation includes, without limitation, Company's rights: 2.1.1 To copy, license (for reproduction, synchronization, public, dramatic and/or non-dramatic performances, broadcast, and/or otherwise), lease, perform, adapt, administer, use, and retitle the Music; 2.1.2 To in its Discretion, per paragraph 6.0 below, collect any and all monies and compensation EKN payable by reason of Exploitation of the Music, both during and after the Term ("Gross Monies"); and, 2.1.3 To do every other act or thing EKN in respect of the Music to make it suitable and proper in Company's Discretion for Exploitation. To the fullest extent allowable under any applicable law, Composer irrevocably waives any and all so-called "droit moral" and "moral rights" EKN in any manner related to the Music. 2.2 For each item of Proposed Music that is accepted as Music by Company, Composer will be required to sign one or more, at Company's Discretion, attachments to this Agreement (individually and collectively "Schedule A"). Schedule A will be provided to Composer by Company. Schedule A is incorporated into and made a part of this Agreement by this reference. 2.3 Notwithstanding anything to the contrary in this Agreement, as between Company and Composer, Composer has the right and obligation to effectuate the ability to be paid, collect, and keep one hundred percent (100%) of the Music's so-called "writers" share due Composer from public performance Exploitation of the Music, from all applicable performing rights societies including without limitation, ASCAP, BMI, SESAC and/or SoundExchange (individually and collectively "PRS"). 2.4 Company additionally has the irrevocable, and non-exclusive right to use and publish, and to permit other Persons to use and publish Composer's name, likenesses, and biographical materials, including without limitation, any professional names currently or later adopted, voices, sound effects, and any reproductions and simulations EKN of any of the foregoing, in connection with the Exploitation of the Music, as well as for Company's general business purposes. 2.5 Composer understands and acknowledges that any Music that Company accepts for Exploitation, cannot be co-written or otherwise the result of a collaboration ("Collaborate" or "Collaboration") with any Person, without Company's prior written approval, which Company can withhold in its Discretion ("Approved" or "Approval"). In the event that Company grants Approval for an item of Music that is a Collaboration, Composer has a duty to have each Person involved in the Collaboration sign a copy of this Agreement, which must be signed prior to any Exploitation of that Music.

Appears in 6 contracts

Samples: Composer Agreement, Composer Agreement, Composer Agreement

Company Services. For those Compositions and Masters that Composer submits to Company for Exploitation ("Proposed Music"), and which Company, in its Discretion accepts for Exploitation, Company has the exclusive/non-exclusive right, as indicated on Schedule A, to Exploit the Music, for which Company will use reasonable commercial efforts. 2.1 . Exploitation includes, without limitation, Company's ’s rights: 2.1.1 2.0.1 To copy, license (for reproduction, synchronization, public, dramatic and/or non-dramatic performances, broadcast, and/or otherwise), lease, perform, adapt, administer, use, and retitle the Music; 2.1.2 2.0.2 To in its Discretion, per paragraph 6.0 below, collect any and all monies and compensation EKN payable by reason of Exploitation of the Music, both during and after the Term ("Gross Monies"); and, 2.1.3 2.0.3 To do every other act or thing EKN in respect of the Music to make it suitable and proper in Company's Discretion for Exploitation. To the fullest extent allowable under any applicable law, Composer irrevocably waives any and all so-called "droit moral" and "moral rights" EKN in any manner related to the Music. 2.2 2.1 For each item of Proposed Music that is accepted as Music by Company, Composer will be required to sign one or more, at Company's ’s Discretion, attachments to this Agreement (individually and collectively "Schedule A"). Schedule A will be provided to Composer by Company. Schedule A is incorporated into and made a part of this Agreement by this reference. 2.3 2.2 Notwithstanding anything to the contrary in this Agreement, as between Company and Composer, Composer has the right and obligation to effectuate the ability to be paid, collect, and keep one hundred percent (100%) of the Music's ’s so-called "writers" share due Composer from public performance Exploitation of the Music, from all applicable performing rights societies including without limitation, ASCAP, BMI, SESAC and/or SoundExchange (individually and collectively "PRS"). 2.4 2.3 Company additionally has the irrevocable, and non-exclusive right to use and publish, and to permit other Persons to use and publish Composer's name, likenesses, and biographical materials, including without limitation, any professional names currently or later adopted, voices, sound effects, and any reproductions and simulations EKN of any of the foregoing, in connection with the Exploitation of the Music, as well as for Company's general business purposes. 2.5 2.4 Composer understands and acknowledges that any Music that Company accepts for Exploitation, cannot be co-written or otherwise the result of a collaboration ("Collaborate" or "Collaboration") with any Person, without Company's prior written approval, which Company can withhold in its Discretion ("Approved" or "Approval"). In the event that Company grants Approval for an item of Music that is a Collaboration, Composer has a duty to have each Person involved in the Collaboration sign a copy of this Agreement, which must be signed prior to any Exploitation of that Music.

Appears in 1 contract

Samples: Composer Agreement