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Messages - kingdavid

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91
Producers - Discussion / contract2
« on: October 13, 2006, 01:32:46 PM »
MUSICIAN WORK-FOR-HIRE AGREEMENT



This AGREEMENT (hereinafter referred to as the "Agreement") is made effective this _____ day of _______________, 200__ by and between ____________________, located at ________________________________________ (hereinafter referred to as the "Musician") and ____________________, located at ________________________________________ (hereinafter referred to as the "Employer").



WITNESSETH:



In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:



1. Work-For-Hire. Whereas the Musician, an employee for hire of the Employer, has at its request and under its direction, made the following musical contributions:



_____MUSICAL CONTRIBUTIONS_____



for the song: _____SONG TITLE_____



2. Payment. The enticement and consideration for this Agreement is the promise by the Employer to pay the Musician the amount of $____________. This is a one-time compensation for the Musician's services (known as a "work-for-hire") and Musician understands that this will comprise Musician's complete and sole payment.



3. a**ignment. Musician does hereby acknowledge such employment, and that the terms of such employment such performances and all rights appertaining thereto are entirely the property of the Employer, its successors and a**igns, absolutely and forever, for any and all copyright terms and all extension and renewal terms of copyright whether now known or hereafter created throughout the world, and for all uses and purposes whatsoever, and credit may be given for said performances to the Musician in whole or in part, or not at all at the sole discretion of Employer.



4. Governing Law. This Agreement is entered into in the City of _____CITY_____ and State of _____STATE_____ and is guided by and governed by the laws of that State.





IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.



AGREED TO AND ACCEPTED:



BY:

"MUSICIAN"

<<FULL>>





_____________________________

(an authorized signatory)





BY:

"EMPLOYER"

<<COMPANY>>





_____________________________

(an authorized signatory)

92
General Discussion / word
« on: October 13, 2006, 01:29:28 PM »
mc zubz


crew  rusty 014( from rustenburg

93
Producers - Discussion / contracts
« on: October 13, 2006, 01:28:22 PM »
Producer Agreement
1 Copyright
I have agreed to pay you by way of an advance the sum of £1,000 (One thousand pounds) (“Advance”) receipt of which you hereby acknowledge and in consideration for which you hereby a**ign to me the entire copyright whether vested, contingent or future, and all rights of action and all other rights of whatever nature in and to the Three Masters as detailed in the Schedule below containing backing tracks to be delivered to me pursuant to Clause 4 of this Agreement, for which I shall be permitted to add vocals, alter, edit or master as I see fit and commercially exploit the same (“Masters”) to hold to me, my successors, a**ignees and licensees absolutely in each case for the full period of copyright throughout the world including all reversions, renewals, revivals and extensions (subject to Clause 8 of this Agreement).
2 Payment
2.1 Subject to:
2.1.1 The full and timely performance and observance by you of all your warranties and undertakings and obligations in this Agreement; and
2.1.2 The recoupment by me of the Advance
I undertake to pay to you by way of royalties the sum calculated at the rate of 2% (Two per cent) of the published dealer price of records sold (in whatever format) embodying such Masters.
2.2 I will supply to you a royalty statement within 90 days of 30 June and 31 December in each year in which I or my licensees exploit the Masters. Such statement will be accompanied with a cheque for the royalty due to you, if any, as per the statement.
2.3 You would have the right, once in every 12 month period on giving me at least 14 days prior written notice, to appoint an accountant to inspect my accounting records pertinent to the exploitation of the Masters for the purpose of verifying the royalty statements and the payments if any due there under.
3 Waiver
3.1 You irrevocably and unconditionally waive all rights relating to the Masters and to which you are now or may in the future be entitled pursuant to Sections 77, 80, 84 and 85 of the Copyright Designs & Patents Act 1988 and any moral rights to which you may be entitled by way of any legislation now existing or in the future enacted in any part of the world.
3.2 You authorise me to use your name, likeness and biography in connection with the advertising, publicising or sale of records incorporating the Masters and exploitation of the Masters, to publicly perform, broadcast and allow the public performance and broadcast of records incorporating the Masters and otherwise to exploit the Masters (in all manner, in all media, whether now known or hereinafter invented).
4 Your Warranties
4.1 You warrant and undertake with me as follows that:
4.1.1 You are fully entitled to enter into and fully perform this Agreement and to grant to me the rights granted under this Agreement, and you are not restricted from doing so under the terms of any other agreement;
4.1.2 You will do nothing to detract from my rights under this Agreement;
4.1.3 You will allow me to have full and complete control over the manner and extent of the exploitation or advertisement of the Masters throughout the world and I shall have the right without your consent to a**ign or grant licences in and to the Masters;
4.1.4 No person, firm or company other than you has or has had any claims or has claimed any right, title or interest in or to the Masters;
4.1.5 I shall be entitled to a**ign my rights or subcontract any or all of my obligations under this agreement but you shall not be entitled to a**ign your rights or any of your obligations under this Agreement;
4.1.6 I will not be required to make any payments in connection with the Masters or their exploitation other than as specifically set out in this Agreement.
5 Delivery Obligations
5.1 You will deliver to me upon signature of this Agreement, the following:
5.1.1 Signed and duly completed consent forms in respect of each musician or vocalist (other than me) featured on the Masters;
5.1.2 Written details (including directions), samples taken from third party recordings (if any) utilised in the Masters, together with source details;
5.1.3 A safety copy of each Master.
6 Credit
You will receive the following credit on the label or packaging of all records released containing solely the Masters or any of them:
“co-written, arranged and produced by 45wax”.
7 Indemnity
You will indemnify me and keep me indemnified from and against all claims, damages, demands, liabilities, costs and expenses (including legal expenses) which may be incurred by or awarded against me or my a**ignees or licensees against any claim or action or proceeding from any breach by you of your warranties or obligations in this Agreement.
8 Re-a**ignment
In the event that I become bankrupt or any a**ignee of mine becomes bankrupt or falls into liquidation I agree that all rights in the Masters shall immediately revert to you without further formality being required. In the event that any formality is required, I agree to co-operate and facilitate the re-a**ignment of the Masters into your name.
9 Independent Advice
You confirm that you have taken independent legal advice on this Agreement.
10 Governing Law
This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.

SCHEDULE
Masters
Track 1 (to be confirmed)
Track 2 (to be confirmed)
Track 3 (to be confirmed)

94
Hot Traxxx / word
« on: October 13, 2006, 01:20:01 PM »
i honestly dont believe in media hype.


morale's hustle got him a spot on da mag and i think if ppl have a "prob"
they should talk about it.
but me personally thats another hustlin mc gettin what he deserves.
THE FRUITS OF HIS HUSTLE.

95
Producers - Discussion / publishing outline
« on: October 13, 2006, 01:16:43 PM »
Musical Work Copyright:   Rights under Copyright:

Who is involved in the "musical works" and the "sound recording"?

With the musical works the following people are involved:
.        The composer - the music
.        The author - the lyrics
.        The arranger
.        The publisher

The author, composer, arranger and publisher could all be the same person.

With the sound recordings (the material form) the following people are
involved:
.        The artist
.        The musicians
.        The producer
.        The record label

When working with session musicians in the studio - agreements have to be
reached in terms of the extent of their involvement in the musical works.
Some may request a share in the copyright if their input, in terms of a riff
or solo constitutes a new (second or third) melody line. These issues must
be dealt with up-front to avoid any disputes that may arise in the future
especially if the recording becomes a "hit". If the musician is there purely
to reproduce what has been arranged in terms of his instrument then a
"release form" has to be signed indicating as much.

Copyright, as previously mentioned, is an economic right, which implies that
there is a "return" or opportunity for monetary gain. It is therefore
possible to negotiate, to your best possible advantage, the bundle of rights
that you as the author/composer and/or publisher have with respect to your
works. You need to exploit the use of your works in order to get the best
possible return on your investment - not only in terms of your monetary
input but also in terms of your sweat equity (IP).

Moneys come back to you through the following channels:
.        Publishing or administration - splits dependant upon whether you own
your own publishing or whether you entered into a specific deal with a
publishing agent
.        Collection societies - SAMRO, SARRAL and NORRM, who administer the
various rights on your behalf if you are a member of the societies.
.        Directly

Arrangement, Composition and Authoring:

The Copyright act does not contain the definition of a song. A musical work
is defined as an instrumental. If lyrics are added it is viewed as a new
work and is subject to new splits in terms of the share of the rights
a**ociated with the work.

A composition is made up of two (2) parts, namely:
.        The melody - the key element in understanding the song and
.        All other instrumentation

The split here is normally on a 50 / 50 basis.

If lyrics are added the music and the lyrics are split as follows:
.        50% composition (25% melody ; 25% instrumentation)
.        50% lyrics

The lyric part could then further be split into verse and chorus.


The Musical work involves the following relationships:

       

Once a musical work has been completed it is essential to complete all the
necessary paperwork required to notify the various societies of the work.
The notifications will include all the information related to the song
indicating pertinent information relevant to the author, composer, arranger
and publisher. This notification will also indicate the splits accordingly -
so that on pay out the relevant parties receive what is legally due to them.


For this reason it is essential that all data input on all documentation
between yourself and/or your administrator of your rights and the various
collection societies, is 100% correct. "The integrity of the information
pa**ed on is paramount to you receiving what is rightfully yours".


It is essential that the author / composer understand what rights reside in
their works - as in copyright the future always has more value than the
past.  Authors / composers should view their works as valuable a**ets that
form part of their legacy which if owned by them will be pa**ed on to their
heirs. Copyright exists for 50 years after the death of the owner or if
published or performed -  50 years after first publication or performance
(Please see the Copyright Act).

96
Media / 50 cent:Oprah's a White woman
« on: October 05, 2006, 01:10:40 PM »
to tell the truth i also think oprah cares more about the well being of white americans than black americans,

but she does buy school bags for black south africans.

97
Media / Virgin Urban South Africa
« on: October 05, 2006, 01:02:43 PM »
thats good news.

at least artists will stop complaining about two majors

98
General Discussion / word
« on: October 02, 2006, 02:37:38 PM »
you see dplanet is talkin my kinda language.

see my patrner dj ronza has a  public container at his crib.
when we dropped the rusty 014 ep we solt it from his phones and also on the strrets. the truth is over here ppl dont go to flea markets to buy dvd's and cd's, but if you put posters at tuck shops,public phones and tarverns. get your local tarven dj to play one song or have your cd in the jukebox for a week if they still using that.eveytime there is ppl ovathere u play your songs on the jukebox you might attract a couple of customers 4 ya mixtape,album or ep.

never release an independent cd without a guerilla marketing strategy

99
General Discussion / state oh hip hop in mzansi
« on: October 02, 2006, 02:18:15 PM »
6 years ago there were not a lot of cats dropping cd's and sales were still not good.
2006 by october over 300 albums,mixtapes and e.p's by cats from all nine provinces have been released, i.e"

gauteng
north west
mpumalanga
limpopo
free state
northern cape
western cape
eastern cape
kzn

now the unfortunate part of these good story is i was in pretoria and unfortunately nevers saw a single album from that city in the street or in-store.

how do we as south africans buy albums we dont have access to?

there is a lot of artist who release albums and if you dont live in j-sec you cant get their material,and they don't sell the good in j-sec.

q2. are we doing enuff to put out material in the streets or are we hoping people will hear us on radio and board planes from capetown,durban etc to buy our albums in j-sec?
bcos i wont waste 45.00 bucks for a cab frm rustenburg to j-sec to buy a 60.00 bucks mixtape, i rather buy a jay-z album at reliable for 85.00 bucks

100
General Discussion / 5 Mistakes
« on: October 02, 2006, 02:03:57 PM »
true bout slim thug.

but i think in south africa hip hop has the potential to make sales-wise provided:

1. rappers stop bootlegging local shit.
2. good albums are made available at least at hip hop clothing stores
3. provided artists stop acting like supastars and start perfoming and selling records at local shows, b'coz, trust me, ive seen cats get big headed from a six track e.p.
they stay indoors the whole day waiting for GOD to:

1. organise shows for them
2. take their tracks to radio
3. for radio deejays to beg them to bring their tracks to stations.
4. make sure people know them.
5. turn them from underground rappers to highly paid performers overnite.

101
Hot Traxxx / word
« on: October 02, 2006, 01:51:55 PM »
i also heard that joinf on a mixtape way back around may/june

102
Hot Traxxx / Drudge Dialect Volume 1 [Promo]
« on: October 02, 2006, 01:36:55 PM »
heard da track on the essence.
da dude has direction.

mixtapes @ 60.00

thats a good price for mixtapes.

we were sellin an e.p 4 30.00 bucks, unfortunatel we only pressed a 100 copies.

we got a rustenburg mixtapes coming out b4 end of OCT 2006 4 60.00.

i will send the artwork b4 release.

103
Producers - Discussion / Who's the Best Producah?
« on: August 23, 2006, 11:30:37 AM »
i dont really think scott produced all those songs to tell da truth

104
Producers - Discussion / fresh beat
« on: August 11, 2006, 03:23:54 PM »

105
Producers - Discussion / fresh beat
« on: August 11, 2006, 03:21:35 PM »

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