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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Iam in the UK and have written a book and someone is composing

Customer Question

Iam in the UK and have written a book and someone is composing audio for it. Is someone able to look at the contract. It's about one page.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

I am very happy to look over the same. Who is to own the copyright for the audio - you or the composer?
Customer: replied 3 years ago.


Hello,


 


The composer owns copyright to the music but I own the copyright to my book and the audio i.e. the narration. The composer is providing music to accompany the book. I've attached the agreement he has sent me. I haven't signed anything.

Attachment: 2013-11-29_155247_heads_of_agreement.docx


 


I just want to ensure the composer does not claim any copyright on my book or audio narration or anything else apart from his music. Thanks


 


 


Heads Of Agreement


 


This agreement is made as of the Dec 2013 between


Anthony Gavali (known as the licensee) of (Your Address)


and


Kusha Deep Music Publishing (known as The Licensor) 41 Chichester Place Kemp Town Brighton Bn2 1ff UK


 


For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:


 


1.


Licensor hereby gives the right to to use the music listed in the appendix below for the following;


 


a.Use on the audio book titled Touch Not Not The Horse


which includes all formats known and unknown at the time of signing this document.


b. To promote the named audio book across the digital and terrestrial platforms without hindrance.


 


c. Kusha Deep Music label will compose and master 2 new musical pieces to aid the scenes in the audio book


 


titles listed in the apendix


 


 


2. The Licensee promises to fully credit Kusha Deep Music on all titles listed in all agreements, artwork, promotional press releases and will never enter in any agreement with a third party Kusha Deep Music being informed.


 


3. The Licensor promises to only communicate through the Licensee with regard to issues regarding any third parties who are in negotiations to license the work for film or TV adaption


 


4. The Licensee will inform PRS and other collections agencies the rights to these titles have been granted and the licensee will incur no costs to him as a result of the audio book release.


 


5.


 


The Licensor also hereby gives the rights to the Licensee,


 


(a) TERMS: ALL MEDIA, NOW OR HEREAFTER DEVISED, INCLUDING, BUT NOT LIMITED TO, ALL FORMS OF TV (FREE TV, BASIC CABLE TV, PAY/SUBSCRIPTION TV), ALL FORMS OF HOME VIDEO, NON-INTERACTIVE INTERNET, IN CONTEXT ADS AND PROMO RIGHTS AND NON-THEATRICAL RIGHTS SUCH AS SHIPS-AT-SEA, IN-FLIGHT, EDUCATIONAL, ETC. WORLDWIDE IN PERPETUITY.THEATRICAL EXHIBITION FOR PROFIT IS EXCLUDED. To reproduce the Music, in whole or in part, and to offer such reproductions for download, but only in respect of and to facilitate the promotion of the music.


 


(b) To synchronize the Music, in whole or in part, with visual images and motion pictures in connection with the Film and Promotion, but after full consent from the Kusha Deep Music label


(c) To otherwise exploit the Music, in whole or in part, in any manner and in any media whatsoever in connection with the Promotion, now known or hereafter created subject to the approval of the Licensor.


 


(d) To offer for download an edited version of the Music which shall be no more than 30 seconds in duration (the “ Edited Version ”).


 


(e) To permit any other party to exercise any of the rights granted by Licensor, provided all parties are in agreement.


 


6. Licensor hereby represents and warrants that: (i) the Music is original and Licensor owns all rights related thereto; (ii) Licensor has the right to enter into and perform this Agreement (without the consent of any other party); (iii) the terms of this Agreement will not contravene any other agreement to which Licensor may be a party; and (iv) Licensor is a member of PRS/MCPS


 


7. The Licensee will admit that he is of sound mind and judgement to enter into this agreement at the time of signing.


 


8. The territory shall be for the world.


9. The period of this agreement shall be until the parties agree otherwise.


10. Any termination shall be made in writing, though shall not affect any agreements entered into with third parties prior to the date of termination.


 


11. The Licensee agrees to pay for the use of the musical titles listed in the appendix, the one time fee of £2500


half to be paid before commencing of the work and the balance on completion.


 


12. The Licensor agrees to deliver master release copies of the titles listed below to the Licensee for the completion of the audio book


 


 


 


Signed


Anthony Gavalli


 


Dated


 


 


 


Signed on Behalf Of Kusha Deep Music UK


 


Darragh J Brady


Dated


 


 


 


Appendix


 


Music Titles © + ℗ Kusha Deep Music 2013


 


1.You Kill Me / written, produced and performed by Darragh J Brady


 


2.Safe In Your Arms / written, produced and performed by Darragh J Brady


 


3.Bridge Song / written, produced and performed by Darragh J Brady


 


4.Hell Song / written, produced and performed by Darragh J Brady


 


 


 

Expert:  Joshua replied 3 years ago.
Thanks. Comments: Unless the Licensor is a limited company in which case it should say so e.g. "Ltd" consideration should be given to putting the individual's name trading as KDM so it is clear you have a contract with a legal person.

1.a Consider Use on and in relation to the audio book...
1.c Consideration should be given to giving this a new number e.g. 2 rather than a sub paragraph of 1 and should read "the Licensor will compose and master 2 new musical pieces to aid the scenes in the audio book"
2. KDM should read Licensor
5.a This is confused. Is he saying you can or you can't reproduce music
5.b This is meaningless because you can but ony with consent which could be refused. Consider "which consent shall not be unreasonably refused". Also Promotion and Film are not defined. Isn't this an audio book? What was Film got to do with it?
5.c Again Film is not defined and why is it relevant?
5.e. Agains something and nothing as other party has to agree so fairly meaningless unless "not to unreasoably withold consent" is added.
11. Is Vat payable?

I presume there are 4 songs that are in question.

There is no suggestion that there is any claim to copyright of your book that is apparent.

Clause 5 is confused - you may not care about these additional rights but clause 5 should be considered again as it is a real jumble and in parts unintelligible.

Is there anything above I can clarify for you?

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