Soundtrack Album. Notwithstanding (O) above, the Producer may release up to 5,000 copies of a soundtrack CD without payment for musicians, provided the Producer in- forms the AFM of such soundtrack release, lists musicians and AFM on liner notes, and provides the AFM with 25 copies of the soundtrack upon release. Violating these terms or sales in excess of 5,000 units will trigger payments under the AFM Sound Recording Labor Agreement as the AFM deems applicable.
Soundtrack Album. Beacon will retain all soundtrack album rights in the Pictures; provided, however, that MCA Records will be accorded a right of first refusal to distribute the soundtrack album for each Picture, in the *Confidential Treatment Requested Territory, during the Term, and in such other territories in which Beacon desires to distribute a soundtrack album. If MCA Records distributes the soundtrack album, the revenues derived therefrom will be accounted for separately.
Soundtrack Album. (a) Should Company enter into an agreement with a record distributor (“Distributor”) for the exploitation of the soundtrack album (“Soundtrack Album”), if any, and should the Soundtrack Album or any audio product embody any of the Score as performed by and/or conducted by Composer and/or the Compositions, then Company shall negotiate in good faith with Composer for a royalty with respect to such audio products manufactured and sold hereunder. Any “Artist’s royalty” (as such term is customarily known in the music industry) payable to Composer for use of Composer’s recorded performance of any composition on the soundtrack album for the Picture shall be computed, reduced and determined in a no less favorable manner as Company’s basic royalty under its agreement with any recording company. As indicated in the Introduction, instead of the composer agreement going into extensive detail in calculating how a composer shall be compensated for the use of his or her music and recorded performances on the soundtrack album, the parties agree to negotiate such terms in good faith at a later time if and when the possibility of a soundtrack album is more certain, such as when a distributor agrees to commercially release the movie.
(b) The parties acknowledge and agree that Composer shall have the right to include selections from the Score on any record album featuring Composer's solo work (with Company’s prior written approval which shall not be unreasonably withheld by Company) provided that the following credit be placed by any of such composition's title: "Music from the motion picture feature [TITLE OF PICTURE]." Although this is generally a pro-producer form, this provision is a big concession to the composer because, under a work for hire agreement, the composer generally has no rights in the music after delivering it to the producer.
