Agreement
EDITION, DIGITAL DISTRIBUTION, COMMERCIALIZATION AND COPYRIGHT ASSIGNMENT AGREEMENT This Edition, Digital Distribution, Commercialization and Copyright Assignment Agreement is established between Mercado Paralelo Music Ltda., CNPJ 09094904/0001-06, Sao Paulo, SP, Brazil, identified as RECORD COMPANY (LABEL) and the artist, identified as AUTHOR (ARTIST/PRODUCER). OBJECTIVE Digital distribution and commercialization in worldwide scope for indeterminate period of the AUTHOR music, being as follow: original, remixes and similars released for the RECORD COMPANY in one of this labels: MERCADO PARALELO MUSIC, INDUSTRY OF HOUSE and WE LOVE SOUNDS. VALIDITY, RESCISSION AND RENEWAL This agreement has minimum validity of 05 (five) years, counted from the date of signature. The RECORD COMPANY has the right to the exclusiveness just for 01 (one) year on each used musical production, counted from the established date of launching. After this period, the AUTHOR is free to offer the music to others, whichever the purpose. The conditions to be established in this eventual transaction will be established in common agreement between AUTHOR and the others, however all the legal proceeding of this process will have to be carried through by this RECORD COMPANY. Just the music approved by the RECORD COMPANY will be exclusive. The AUTHOR is free to offer his other music to different labels. Although the exclusiveness on the music is only of 01 (one) year, during all the period of validity of this agreement all music of the AUTHOR released by RECORD COMPANY will be worldwide commercialized. Finishing the stated period, the agreement will be renewed automatically for the same period in case that it does not have objection of none of the parts. In case of rescission within this period the rescinding part will have to inform by email with up to 03 (three) months of antecedence and pay a 300 USD (three hundred American dollars) as rescission fee for each released music. TERMS AND CONDITIONS CLAUSE 01 The AUTHOR, being titular of the copyright on his music, gives the RECORD COMPANY total and exclusive rights in the following: edition, reproduction, impression, publication, commercialization and licensing to third part of all music approved by the RECORD COMPANY during the validity of this agreement. CLAUSE 02 The AUTHOR guarantees not have used any unauthorized sample in his music. If the AUTHOR infringed this copyright and used unauthorized samples without the knowledge of the RECORD COMPANY, the AUTHOR is automatically assuming full legal responsibility for his actions and the RECORD COMPANY not will be held responsible for any copyright issue regarding the music, original, remix or similars. CLAUSE 03 The AUTHOR will receive from the RECORD COMPANY as remuneration for a reason or purpose royalties, the corresponding value of: 50% (fifty per cent) of the original music and 25% (twenty five per cent) of the remixes, versions, edits or similars on the sales by download on formats: MP3, WAV, AIF, OGG, WMA, ringtones or similars. 50% (fifty per cent) of the original music and 25% (twenty five per cent) of the remixes, versions, edits or similars on the sales by physical format if the music also released in vinyl, CD, DVD, pen drive or similars. 50% (fifty per cent) of the original music and 25% (twenty five per cent) of the remixes, versions, edits or similars on the licensing of the music to worldwide distribution and commercialization by a third part in digital and (or) physical format. 75% (seventy five per cent) of the original music and 50% (fifty per cent) of the remixes, versions, edits or similars in case of synchronization (inclusion of the music on movies, documentaries, advertising or similars). 75% (seventy five per cent) of the original music and 50% (fifty per cent) of the remixes, versions, edits or similars for public plays. (Play the music in public places or broadcasting as shows, events, radio, TV or similars registered, recognized and paid by ECAD, the official Brazilian copyright office, to the RECORD COMPANY.) The conditions above are over the final collected amount after deduced all legal taxes for each situation. The RECORD COMPANY will send annually by email the sales report. The royalties will be paid in accordance to effectively through download sales and only when the AUTHOR reached a minimum of 50 USD (fifty American dollars) in download sales. The payments will be sent in up to 30 working days after the emission of each sales report, exclusively by PayPal, no exceptions. The RECORD COMPANY is not responsible by a minimum number of download sold, licensing to third parts or any other objectives of this agreement. If no download sales, licensing or any of what is established in this document, the AUTHOR will not receive any payment. All promotions and efforts to get download sales are responsibility of the AUTHOR, the RECORD COMPANY will promote the release only on the labels websites, social networks and radio shows. If the AUTHOR wants to a different promotion by the RECORD COMPANY, need to check the plans, conditions and prices. CLAUSE 04 The AUTHOR will be informed by email up to 30 (thirty) days of antecedence about the release date and will receive from the RECORD COMPANY a link to free download of the release file, containing a digital copy in the MP3 (320 kbps) format, artwork and technical information. The AUTHOR can use this file for self promotion, but cannot share this file in any type of public sharing site such (Sendspace, 4shared, Rapidshare...), other sites, blogs, share by P2P/Torrent or similars. CLAUSE 05 The RECORD COMPANY is not responsible of representing or artist management of the AUTHOR to gigs or similars as consequence of this agreement, anyway, if necessary, can to request the participation of the AUTHOR in events with the promotional objective. In this case, the AUTHOR will receive a fee previously established and has the right of deny if not agree with the fee or not have availability in the schedule. BUSINESS RELATIONSHIP BETWEEN THE PARTS All business relationship between the parts will be only by email. Notifications and requests from the AUTHOR to the RECORD COMPANY sent in messages in social networks such Facebook, Twitter or similars, will be discarded and not considered. The contact email addresses are: info@mercadoparalelo.net to questions related to Mercado Paralelo Music, info@industryofhouse.net to questions related to Industry Of House and info@welovesounds.net to questions related to We Love Sounds. To prevent the possibility of spam filter and be sure you will receive all emails sent by us, add our contact email addresses in your trusted sender list. For being in accordance, the parts will sign this document, choosing the Forum of Judicial District of Sao Paulo, Brazil to clarify any doubts of this agreement.
Rules
READ WITH ATTENTION THE RULES BELOW. 1. Payment The artist must send his PayPal email account. If don't have, please create one at www.paypal.com. How PayPal works? http://www.paypal.com/cgi-bin/webscr?cmd=xpt/Marketing/general/why-paypal-outside The payment is exclusivelly by PayPal. We do not do exceptions, so if you do not use the PayPal, unfortunally you cannot release your tracks with with us. The label do not is responsible about the way that the artist will get the funds from PayPal and about the taxes to withdraw, transfers and others. - Payment dates Annually, during the months of May and July. The first payment is always after the end of year we released your track. Example: If we released your track in January, you will receive the first payment during the months of May and July of the next year, but only if you reached a minimum quota of 50 USD (fifty American dollars) in download sales. 2. Format of releases - EP with a maximum of 4 original tracks. The tracks of the EP can be released as single in the future. - Single with original + remixes of other artists. If the tracks (original or remixes) has vocals lyrics, phrases or any type of voices, the instrumental must be sent. 3. Material delivery - Demos To submit a music to us, the tracks must be hosted on www.soundcloud.com in MP3 (320kbps) and available to download. Do not send us tracks hosted in Sendspace, Rapidshare, Yousendit, 4shared or similars. Tracks not hosted on SoundCloud will be discarded. After sent us a demo, please be patient, we receive a lot of demos every days, but we always hear all tracks and sooner or later we will reply you with a position about the material submited by you. It is not necessary to send emails asking about the submited demo. - Remixing our tracks If you are interested to remix our tracks, please contact us. The agreement and rules for remixes is the same of the original tracks. - Approved tracks All tracks must be sent in .wav 44100 Hz, 16 Bit, Stereo, PCM with the Peak Level in -2.0db and RMS Level between -12.0 db and -10.0 db. Tracks in different format or too compressed will be rejected. The files must be sent in links by Dropbox (www.dropbox.com), Sendspace (www.sendspace.com), Rapidshare (www.rapidshare.com) or Yousendit (www.yousendit.com). All links must be sent in a single email to info@mercadoparalelo.net with the subject: Material delivery (date: YYYY-MM-DD). Example: Material delivery (date: 2012-01-30). Must be included a document in text format (.txt or .doc) with informations about the material sent, including a short description about the tracks and contact of artists, producers, remixers, singers, musicians and other partners. This informations will be used to promote the release and credit of the persons involved on the tracks production. The label will send a received confirmation by email up to 7 business days. If don't receive it, please foward the original email or send a new email following the steps above. 4. Release artwork The release artwork will follow the standard label design and will be designed by the same. Any picture, image, logo, font style or similars suggested by the artist will be used on the artwork, only if approved by the label. 5. Release date The artist will be informed by email about the release date up to 30 days of antecedence. 6. Informations about the artist The artist must provide a biography with informations about your career, discography, music concept, jobs, references, influences, and a recent photo in hi definition (300dpi). The release date will be scheduled only after the artist send this material. 7. Agreement data (From all artists appearing on track name: producers, remixers, singers, musicians and similars.) Real Name Artist Name ID or Passport number CPF (For Brazilians only) Address (street, city, state or province and country) If have questions about this rules, please send an email to info@mercadoparalelo.net.
Personal information
Name
ID/Passport number
CPF (For brazilians only)
Address
City & Country
Zip Code
Email
PayPal email account
Artist information
Artist name
Biography (Tell us about you)
Discography
Networks
Website
MySpace
SoundCloud
Facebook
Twitter
Other (Blogger, Flickr...)
Paste the SoundCloud links of the tracks that you want to submit us on the field below
SoundCloud links
I agreed with all terms, conditions and rules.