1) This is an Agreement made between-
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Name of Composer/Lyricist:
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Address:
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And
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Name of Company:
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Address:
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2) Whereas the Company has commissioned the Composer to compose and write a musical work for the use by the Company in its Programme/Event/Campaign known as
“ __________________________________________________________________ “.
3) Pursuant to the commissioning, the Composer has composed and written the musical work entitled-”___________________________“ (hereinafter called the Musical Work),
IT IS AGREED BETWEEN THE PARTIES HEREIN AS FOLLOWS:
4) The Company agrees to pay the Composer/Lyricist the sum of Dollars ___________________________________________($ ) for the commissioned work and in consideration of the payment by the Company to the Composer/Lyricist, the Composer/Lyricist of the Musical Work hereby agrees:
a) to grant the Company under this Agreement a non-exclusive right to reproduce, publish and use the Musical Work within The Republic of Singapore, excluding the right of public performance, (which the Composer/Lyricist has assigned to The Composers And Authors Society of Singapore Ltd (COMPASS) the copyright of all his musical works, including the Musical Work herein, for its exclusive benefit during such time as the rights assigned continue to subsist and remain vested in or controlled by COMPASS) and such grant of rights to reproduce, publish and use shall be limited to and in relation to the particular period of above-mentioned Programme /Event/Campaign
b) to permit the Company, but subject to the consent of the Composer/ Lyricist or his assignee, to make any adaptation, arrangement, translation and other alternation or variation of the Musical Work, provided that such permit to adapt, arrange, translate and to make other alternation shall not conferred any copyright or subsequent copyright to the Musical Work on the Company or on any person or third party, and that the copyright shall invariably remain the property and right of the Composer/Lyricist for the duration of the copyright and any extension thereof.
5) Pursuant to the grant of right and permit by the Composer/Lyricist as above- mentioned, the Company agrees that it has no power, authority or right to assign, transfer or license, either in whole or in part, such grant or permit to any person or party and such grant of right and permit given herein shall expire and extinguish immediately after the end of the Programme/Event/Campaign.
6) For the avoidance of doubt or misunderstanding nothing herein shall be deemed or interpreted to create, establish or imply any employment relationship between the parties and the commissioning of work by the Company is distinctively a commercial undertaking.
7) The Composer/Lyricist hereby warrants that:
a) the music and lyrics of the Musical Work are original works of the Composer/Lyricist and they do not infringe the copyright or other rights of any person;
b) he is the owner of the copyright and all other rights in the nature of copyright subsisting in the music and lyrics of the Musical Work;
c) he has validly assigned to COMPASS all his musical works which now belong to or shall hereafter be acquired by or be or become vested in him.
d) the music and lyrics of the Musical Work have not been published with this Agreement.
8) The Composer/Lyricist shall indemnify and keep the Company fully indemnified against all losses, damages, expenses and legal costs arising from claims made by third parties resulting from the breach of any of the warranties set out in this Agreement.
Dated this day of 2004.
Signed by the Composer/Lyricist )
on this day of 2004 )
in the presence of: )
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Name and NRIC No. of Witness
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Address:
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Signed by )
For and on behalf of the Company )
in the presence of: )
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Name and NRIC No. of Witness
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Address:
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