Independent Artist:Producer SINGLE:ALBUM DIGITAL … · 2017-10-27 · ARTICLE 4 - Supply of...

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Independent Artist/Producer SINGLE/ALBUM DIGITAL DISTRIBUTION AGREEMENT NAME OF ARTIST/LABEL: _____________________________ NAME OF SINGLE/ALBUM: ____________________________ NAME OF DISTRIBUTOR: OMG RECORDS & MUSIC, LLC

Transcript of Independent Artist:Producer SINGLE:ALBUM DIGITAL … · 2017-10-27 · ARTICLE 4 - Supply of...

Page 1: Independent Artist:Producer SINGLE:ALBUM DIGITAL … · 2017-10-27 · ARTICLE 4 - Supply of Phonograms The ARTIST/PRODUCER must provide the DISTRIBUTOR with the phonogram(s) deemed

Independent Artist/Producer

SINGLE/ALBUM

DIGITAL DISTRIBUTION AGREEMENT

NAME OF ARTIST/LABEL: _____________________________

NAME OF SINGLE/ALBUM: ____________________________

NAME OF DISTRIBUTOR: OMG RECORDS & MUSIC, LLC

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This Agreement allows an Artist/Producer of phonograms to entrust the sale of phonograms to a company or person called a “Distributor.” The Distributor shall, in general, be granted the exclusive Distribution rights during the term of the contract, however only for the territories where the distributor makes the phonograms available for sale.

ARTICLE 1 - Object

The ARTIST/PRODUCER entrusts to the DISTRIBUTOR, for the duration of this contract, the sale of one or more phonograms that will be exploited individually or as part of an Album.

ARTICLE 2 - Duration, Territory and Exclusivity

This contract applies for a period of _________ year(s), starting from the date of signing. Exclusivity of exploitation is granted for the following country or countries:

USA and INTERNATIONALLY.

The DIGITAL DISTRIBUTOR must provide access for online sales to the public, except in cases of refusal by the respective websites, within one week, starting from date on which the ARTIST/PRODUCER supplies the DIGITAL DISTRIBUTOR with each Music Recording in compliance with Article 4 hereunder. DISTRIBUTOR and ARTIST/PRODUCER will be in contract until the ending of this Agreement, however DISTRIBUTOR will not end the life of the Single/Album due to contract end date. Distributor will continue to sell and pay royalties to ARTIST/PRODUCER for life. At the end of the contract, if not renewed, Distributor agrees to relinquish the right of Exclusivity to the Single/Album, meaning the ARTIST/PRODUCER may shop for alternative Distributors or Record Labels. If ARTIST/PRODUCER chooses to completely remove their content from OMG Records & Music, LLC Distribution Portal, they may contact us to negotiate a Buy-Out of the content.

ARTICLE 3 - Authorization of Exploitation

The ARTIST/PRODUCER authorizes the DIGITAL DISTRIBUTIBUTION and making available to the public of the phonograms deemed in Article 1.

Therefore, the DISTRIBUTOR shall have the right to sell by way of any medium (Vinyl, CD, DVD, MP3/WAV, or STREAMING via online communication networks (Internet and others) in any format, under the heading, label or mark of the DISTRIBUTOR’s choice and in the territories detailed above concerning the phonograms deemed in Article 1. Any other exploitation shall be subject to the prior written authorization of the ARTIST/PRODUCER.

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ARTICLE 4 - Supply of Phonograms

The ARTIST/PRODUCER must provide the DISTRIBUTOR with the phonogram(s) deemed in Article 1, as follows:

· a fully Mixed and Mastered MP3 and WAV file for sale via online communication networks

· the Digital Jpeg of the Front Album Cover for Sale

· the correct Legal and alias names and information for Legally binding Agreement

· an accurately filled out Credits sheet for the Linear Notes and Metadata of Songs/Album

Where appropriate, the parties may enter into a special agreement concerning the payment for costs of Mixing/Mastering fees and Graphic Design elements.

ARTICLE 5 - Copyright

The ARTIST/PRODUCER shall be entirely responsible, directly or through a collective management organization, of payment of royalties due to the collaborating Artist(s) and Producers for Distribution of the phonograms in accordance with this contract.

ARTICLE 6 - Royalties

There are Two (2) Options of Distribution with OMG Records & Music, LLC.

ARTIST/PRODUCER must choose which they prefer to calculate percentages of royalties.

Option A:

ARTIST/PRODUCER will pay the Administration and Set Up fees for full service Distribution per Single or Album and retain the majority percentage of royalties. This agreement will not expire and the ARTIST/PRODUCER’s content will be distributed for life after rate has been paid. The content will not expire or be taken down from Distribution Portal and royalties will be payable for the life of the ARTIST/PRODUCER and then whom they deem their Power of Attorney after life.

The rates per Single or Album are as follows:

SINGLE SONG DEAL: $49.99

FULL ALBUM DEAL: $299.99

The DISTRIBUTOR must pay royalties to the ARTIST/PRODUCER, as calculated below:

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For sales in the country of production (USA), royalties shall be calculated on the basis of each copy of the phonogram sold or streamed, at the appropriate rate set below:

60% (percent) assigned to the ARTIST/PRODUCER

40% (percent) assigned to the DISTRIBUTOR

For sales abroad, the rate of royalties shall be the same (60% ARTIST/PRODUCER, 40% DISTRIBUTOR) of the rate determined unless otherwise specified in the domestic law of the country where the contract is established (e.g. in some countries the rate is 50%).

Option B:

DISTRIBUTOR will pay the Administration and Set Up fees for full service Distribution per Single or Album and retain the majority percentage of royalties. This agreement will not expire and the ARTIST/PRODUCER content will be distributed for life after rate has been paid. The content will not expire or be taken down from Distribution Portal and royalties will be payable for the life of the ARTIST/PRODUCER and then whom they deem their Power of Attorney after life.

The Terms of this Option per Single or Album are as follows:

• ARTIST/PRODUCER must complete and turn in an Artist Marketing Plan Sheet to outline their plan to market and promote the Album/Single.

• ARTIST/PRODUCER must set aside a monthly budget to follow the Marketing Plan, in which they must be able to provide updates of their efforts.

• ARTIST/PRODUCER must take all opportunities to promote their content to their social media fan base and personal supporters to generate sales.

The DISTRIBUTOR must pay royalties to the ARTIST/PRODUCER, as calculated below:

For sales in the country of production (USA), royalties shall be calculated on the basis of each copy of the phonogram sold or streamed, at the appropriate rate set below:

35% (percent) assigned to the ARTIST/PRODUCER

65% (percent) assigned to the DISTRIBUTOR

For sales abroad, the rate of royalties shall be the same (35% ARTIST/PRODUCER, 65% DISTRIBUTOR) of the rate determined unless otherwise specified in the domestic law of the country where the contract is established (e.g. in some countries the rate is 50%).

OPT OUT CLAUSE: After the ARTIST/PRODUCER has performed these duties in their Marketing Plan and developed a fanbase, the DISTRIBUTOR may grant them the ability to “buy” more shares of their Royalties of the contracted Song or Album.

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ARTICLE 7 - Accounts and Payment of Royalties

Royalty statements shall be established after each Quarter of the (4) Quarters per year. The DISTRIBUTOR shall send the statements to the ARTIST/PRODUCER within 4 weeks, together with the payment of royalties. The ARTIST/PRODUCER shall be entitled to request any documentation relating to the royalty accounts and statements.

QUARTER DATES: January 1 – March 31 (Qtr 1) April 1- June 30 (Qtr 2) July 1 – September 30 (Qtr 3) October 1 – December 31 (Qtr 4)

ARTICLE 8 - Promotion and Advertising

The DISTRIBUTOR shall be able to freely use the name of the relevant Artist, as well as the photographs and pictures depicting the artist.

ARTICLE 9 - Transfer of Contract

The rights and obligations under this contract may not be transferred by the DISTRIBUTOR to a third party without the prior written authorization of the ARTIST/PRODUCER.

ARTICLE 10 - Miscellaneous

The parties shall inform each other of any change of address. This contract shall be governed by the law of the country of production.

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ARTIST/PRODUCER CHOICE OF DISTRIBUTION TYPE:

OPTION “A” ______________________________________, (Signature)

-OR-

OPTION “B” ______________________________________, (Signature)

This Agreement is executed and effective this day of

_______________, _______.

IN WITNESS WHEREOF, the parties execute this Agreement as of the effective date written above, certifying that the signer hereof has authority to commit the party for whom they are signing to this agreement. I Agree to the Terms and Conditions of this Contract: __________________________________________________________,Date:___________________ Artist/Producer (Legal Name) __________________________________________________________,Date:___________________ Gregory Kirby, CEO OMG Records & Music, LLC __________________________________________________________,Date:____________________ Witness