CD Sampler Agreement

By sending us your application, you agree to the following:

 

1. "You" (the songwriter or Artist) represent all songwriters in the song(s) you are placing on the Sampler, having attained permission to place the song(s) on the Sampler on behalf of all the songwriters and performers and that you are the copyright owner of the Master.

 

2. You grant to Us (Songsalive! or Company) a non-exclusive license to use the song(s) named below in accordance with the terms and conditions of this Agreement for the Terms  set forth. We shall have the right to affix the Trademarks: SONGSALIVE! and other trademarks on or to the Licensed Product and on packaging, advertising, and promotional materials used, or distributed in connection with this product. Upon your signing below under the wording "Consented and Agrees to" this will constitute our understanding as follows:

 

3. You hereby authorize Us to reproduce the Musical Composition hereafter referred to as "Composition", on a "Songsalive! CD Sampler" Compilation phonorecord, and to distribute phonorecords to the public/artists for promotional purposes and allowing donations through songsalive.org, cdbaby (including digital distribution) and at Songsalive! events. The Composition on the phonorecord identified as above.

 

4. You agree that Songsalive! will pay no royalty fee of any kind (mechanical, synch, performance etc) per Composition manufactured containing the Composition to Artist. Artist understands and agrees that neither Artist nor any other Artist will gain any fee in royalties to be represented on said CD.

 

5. Artist agrees and understands they will retain all writer rights to Composition and Company will not retain any publishing rights to the Composition. All communication for any future acquisition or use of the song(s) will be directly made to the Songwriter by any third party.

 

 6. Each copy of the Composition printed pursuant to this agreement shall carry your notice of copyright of each song. That being said, you represent and warrant to Company that you have the right and authority to process, use and duplicate any and all materials provided for duplication: neither such material, nor the duplication, Reproduction or use of same in the any way is defamatory or violates or infringes any copyright, trademark, patent. You agree to accept full responsibility for all the matter relating to the source materials.

 

 

7. The within grant and license shall be for as long as Company deems fit. This compilation can be reproduced forever if wanted by Company.

 

8. This agreement is a non-exclusive license to use the Composition.  This means that You can offer to license the Composition to other recording artists and record companies.

 

9. You agree to take responsibility for any payments to the musicians on your song.

 

10. You agree that we can post the song(s) listed on the Sampler on our mp3 site free of charge at: www.mp3.com.au/songsalive.

 

11. You hereby warrant and represent: that You own or control all rights licensed and granted to Us hereunder; that the Composition does not violate or infringe any common law  or statutory rights of others; that We will not be obligated for any payments or incur any  liability relating to Our use of the Composition; that You have the full right, power and authority to enter into this agreement and to grant and license to Us all rights as herein provided; and that You will fully indemnify and hold Us harmless against any loss incurred or payment made, including attorneys fees, by reason of anything to the contrary to any of the foregoing.

 

12. You shall not transfer ownership or interest in this agreement without Company's express written consent.

 

13. This Agreement shall not be modified or terminated except in writing and signed by all parties hereto.

 

14. The parties to this Agreement are independent of each other and do not intend to create a partnership or joint venture. Each Artist  shall be responsible for the individual's own debts and expenses.

 

15. If Company is directly contacted for use of composition by a Third Party (eg MTV, Movie, Film, Multi-Media, Video Game, or Computer Game company and/or production group working with them) and Third Party wishes for Songsalive! to deal with them directly and not through Artist as in Clause 5, Artist gives permission (on a non-exclusive basis) for Company to work out terms on the Artists behalf with Third Party. Artist fully understands and agrees to this. Artist agrees not to delay, or cause problems with the negotiations between the companies and Songsalive! However, Company agrees to consult with artist on any negotiations in consideration for the approval of the artist.

 

16. Artist understands that if composition is not selected, he/she will be notified and will be refunded the net Songsalive! production cost (if pre-paid) (except any Sonicbids application fees) within 10 days of Deadline date. If Artist is selected, both parties understand the application fees through Sonicbids and the subsequent Songsalive! production cost as outlined in this application are non refundable.

 

17. While Songsalive! will endeavour to include Artist's tracks on CD Sampler, Company reserves the right to either exclude the track or move to next CD Sampler, on the grounds of oversupply of tracks for compilation. Company reserves the right to exclude the track on the grounds of a) the track(s) not meeting a minimum standard of quality for broadcast or marketing, b) failure to make payment in advance of production deadlines.

 

18. Company cannot return any submitted material.

 

19. All tracks supplied must be professionally mastered and less than 4:20 mins in length.

 

20. Artist agrees to the production cost as listed at www.songsalive.org/cdsamplers. In return artist will receive 5 copies for own use for promotional give aways or to sell. Artist will also automatically be given Songsalive! general membership valid for 1 year at time of acceptance to Sampler (value $40US or $60AUS. Existing Songsalive! members will receive a 1 year's extension to their  membership on acceptance to the Sampler.

 

 

I Agree to the Terms and Conditions  with regards to my submission for the Songsalive! CD Sampler 10.