MUB 202 Music, Business Contracts Paper

MUB 202 Music, Business Contracts Paper

Description/Paper Instructions

MUB 202 Music, Business Contracts Paper

PRINT OUT – Review and Analyze the contract found below.

Highlight with a Yellow Marker the 3- 6 words that define the main principle or concept in each numbered or lettered clause……

Type up, in outline form, At Least 20 important points that are found in the agreement

Number them – Be specific about this deal. Do not generalize.

Use plain English! BE BRIEF.

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THIS AGREEMENT is made this 15th day of February, 2018 by and between Fifth Avenue Media, Ltd. located at 156 Fifth Avenue, (hereinafter referred to as “Administrator”) and Sheila Music (BMI) located at 892 Arctic, Atlantic NY (hereinafter referred to as “Owner”.)

1. Owner owns the Compositions, including all worldwide right, title and interest, in the copyright, and any renewal rights. The Compositions will be registered in the name of the Owner in the Office of the Register of Copyrights of the U.S.
2. (A) Owner grants to Administrator the sole and exclusive right, in the territory of the World, to administer and exploit the Compositions on behalf of Owner.

(B) Administrator’s rights include but is not limited to the right, on behalf of the Owner, to grant to others the right to print, publish, dramatize, use and license any and all uses of the Compositions, to execute in the Owner’s name any and all licenses and agreements allowing for the use of the Compositions, including (as an example) without limitation, licenses for mechanical reproduction, dramatic uses, synchronization uses and sub-publication.

(C) Notwithstanding the above, Administrator requires Owner’s approval prior to granting any license for dramatic use or translations into foreign languages.

(D) Administrator requires Owner’s approval prior to granting any sub-publishing rights to publishers located in China, Russia, South Africa or India.

3. Administrator is entitled to and will receive and collect all gross income received from any exploitation or use of the Compositions.
4. “Gross Income ” is defined as any and all revenue, income and sums actually received by Administrator in the United States from the exploitation of the Compositions, including without limitation, mechanical royalties, synchronization fees, dramatic use fees, printing income and the Owner’s publisher’s share of public performance fees prior to the payment of any taxes, fees or expenses.
5. (A) Owner will receive one hundred percent (100%) of the Net income received by Administrator from its administration of the Compositions.

(B) “Net Income” is defined as the gross income less the following:

(1) An administration fee of ten percent (10%) of the gross income, which is payable to the Administrator and will be retained by Administrator for its own account.

(2) Administrative and exploitation expenses paid by Administrator including without limitation, registration fees, advertising and promotion expenses directly related to the Compositions, the costs of transcribing lead sheets, and the costs of producing demonstration records.

6. Small performing rights in the Compositions will be assigned to and licensed by the performing rights society to which Owner belongs. Said society is hereby authorized to collect and receive all monies earned from the public performance of the Compositions.
7. (A) Statements as to monies payable hereunder will be sent by Administrator to Owner quarterly within ninety (90) days after the end of each quarter-annual calendar period commencing January 1. (B) Statements will be accompanied by payment, if due.
8. Administrator will have the right to retain a percentage of Owner’s income, as a reserve against returns as will be reasonably necessary and appropriate in Administrator’s best judgment.
9. Owner will be deemed to have consented to all royalty statements rendered by Administrator to Owner. Those statements and accounts will be binding upon Owner and not subject to any objection for any reason, unless specific objection in writing, setting forth the basis is given by Owner to Administrator within two (2) years from the date rendered.
10. Owner or a certified public accountant on its behalf may, at reasonable intervals, but not more than two (2) times per calendar year examine the books of Administrator pertaining to the Compositions, during Administrator’s usual business hours and upon reasonable notice.
11. Owner will have the sole right but not the obligation to prosecute, defend, settle and compromise all suits and actions respecting the Compositions.
12. Owner hereby warrants and represents that it has the right to enter into this Agreement, and that the exercise by Administrator of any and all rights with respect to the Compositions will not violate or infringe upon any common law or statutory rights of any person, firm or corporation.
13. The term of this Agreement will commence upon the date first written above and will continue for five (5) years.
14. Administrator has an option to renew this contract for an additional five (5) years if Owner receives a total of $20,000 in net income during the first contract period AND Administrator gives written notice to Owner of the exercise of Administrator’s option no later than 3 months prior to the end of the first term.
15. Owner hereby indemnifies, saves and holds Administrator harmless from any and all liability, claims, demands, loss and damage (including counsel fees and court costs) arising out of or connected with any claim or action by a third party which is inconsistent with any of the warranties, representations or agreements made by Owner.
16. Administrator will send Owner notice of any claim received from a third party. All notices will be in writing and will be delivered by U.S. mail.
17. Administrator will have the right to withhold payment of any and all monies equal to the amount of the claim and estimated counsel fees and costs.
18. This Agreement will be deemed to be made in and will be construed in accordance with the laws of the State of New York.
19. Any action or suit pertaining to, or arising out of this Agreement will be determined by a court or tribunal in the State of New York.
20. This Agreement sets forth the entire understanding between the parties, and cannot be changed, modified or canceled except by an instrument signed by the party sought to be bound.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above set forth

By: ___________________________ By: _____________________________

OWNER ADMINISTRATOR

MUB 202 Music, Business Contracts Paper

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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