Music Supervisor Agreementfor Your State
This Music Supervisor Agreement is for use when hiring a music supervisor for a motion picture. This agreement sets out the specific terms and services the supervisor will perform. This Music Supervisor Agreement is for use in all states and available for immediate download.
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This Music Supervisor Agreement is used when hiring a music supervisor for a motion picture. The music supervisor will assist a production company in selecting and engaging artists to provide music for a motion picture soundtrack. This agreement sets out the terms of the arrangement including the specifics of the services, supervisor’s compensation, delivery of the music and screen credit. It also sets out the budget the supervisor will be given. It is important that this type of business transaction be memorialized in writing. A well-written Music Supervisor Agreement will be invaluable if there are disagreements or misunderstandings between the parties.
This Music Supervisor Agreement includes the following provisions:
Protect your rights by using our professionally prepared forms.
This attorney-prepared packet contains:
This Music Supervisor Agreement includes the following provisions:
- Parties: Sets out the names of the production company and music supervisor;
- Services: Sets out the specific services to be provided including selection and engagement of musical artists and delivery of musical recordings;
- Compensation: Sets out how payments will be made to supervisor;
- Delivery: How master recordings will be delivered to the production company;
- Screen Credit: Sets out how screen credit will be given for supervisor;
- Ownership: All results of music supervisor’s services are considered as “work for hire” and production company shall own the rights in any intellectual property;
- Name and Likeness: Production company has the right to use music supervisor’s name and likeness for all publicity and advertising for the motion picture;
- Signatures: Both production company and music supervisor must sign this agreement.
Protect your rights by using our professionally prepared forms.
This attorney-prepared packet contains:
- General Information
- Music Supervisor Agreement
Music Supervisor Agreement
Re: “Film Title”
The following are the basic terms of the agreement by and between ___________ Productions, Inc. (“Company”) and __________________ (“you/your”) covering your services with respect to music for the soundtrack and soundtrack album (“the Album”) for the feature length theatrical motion picture tentatively entitled “_______________” (the “Picture”).
You acknowledge that any offer of employment hereunder is subject to and contingent upon your ability to prove your identity and employment eligibility as required by the Immigration Reform and Control Act of 1986, and you hereby agree to complete, execute and deliver to Company an Employment Eligibility Verification (“Form I-9”), together with documentation of your employment eligibility, within three (3) business days of your execution of this agreement or commencement of services, whichever is earlier. If you fail to verify and deliver the Form I-9 as provided above, Company shall have the right, by notice to such effect given to you to terminate the Agreement and thereupon your employment hereunder shall cease and terminate and neither party shall have any right, duty or obligation to the other under the Agreement except such as shall have accrued prior to the effective date of termination.
(a) You shall render all services usually rendered by music supervisors for theatrical motion pictures during preproduction, principal photography and postproduction of the Picture, up through delivery of both the answer print and, if there is an Album, all necessary Album parts. You agree that you shall render services at such places as Company shall designate, in accordance with a recording and delivery schedule to be designated by Company, and in compliance with all instructions and requests of Company in connection with the following:
(i) Assist Company in selecting and engaging recording artists (“Artists”) and record producers, approved by Company, in connection with the production of new and original master sound recordings (the “Masters”) for use in the Picture and/or in the Album;
(b) Assist Company to cause playback material to be recorded and be delivered to Company as required, and be available on the set during shooting of the pre-records;
(c) Assist Company, if necessary, in selecting and licensing pre-existing sound recordings embodying pre-existing musical compositions for use in the Picture and/or in the Album;
(d) Assist Company, if requested, in consummating a record distribution agreement with a record distributor (the “Album Distributor”), satisfactory to Company, to manufacture and distribute copies of the Album.
(e) In connection with the recording of the Masters, coordinate, schedule, prepare for, supervise and if Company requests, attend all recording sessions for the Picture and the Album, including, but not limited to, assisting in the engaging musicians, conductors, arrangers, orchestrators, copyists, and vocalists, satisfactory to Company;
(f) In connection with the Master(s), coordinate, schedule, prepare for, supervise all rehearsals, and re-recording sessions, if necessary; and
(g) Assist Company in supervising and coordinating the production and timely delivery of the Album to the Album Distributor.
(h) No Master(s) shall be recorded unless and until appropriate documents are signed granting Company all rights required hereunder. The terms and conditions incorporated in, and the form of the agreements between Company and third parties shall be negotiated exclusively by Company, including all economic and substantive provisions of any agreements with respect to any music used in the soundtrack of the Picture and/or on the Album, and/or any Single(s) recording (“Singles”) delivered therefrom.
(i) You agree that your services hereunder shall be rendered to Company on a non-exclusive, but first priority basis, to Company until satisfactory completion of all of your services, and complete delivery of all items required hereunder.
2. Compensation. Subject to full performance of all of your respective material services required hereunder, as full and complete consideration for your services, and the rights granted and to be granted to Company hereunder, Company agrees to pay you the sum of ______________ ($___) payable as follows:
(a) One-half (1/2) thereof promptly following the later of execution of the attached Certificate and completion of the Form I-9 or commencement of services hereunder; and
(b) The balance thereof promptly following the later of completion of all of your services hereunder and execution of this Agreement.
The compensation payable hereunder shall include all monies to which you might be entitled by reason of you rendering services hereunder.
(a) You shall assist Company in having the Masters delivered to Company, when completed and in their final form, in the form of one-half inch (1/2") four-track tape masters at 15 i.p.s. (or in whatever format Company shall reasonably designate), including protection copies and all original multi-track tapes, all of which shall be fully edited, mixed, equalized and leadered, and from which satisfactory phonorecords can be manufactured, and which shall be suitable for inclusion in the soundtrack of the Picture.
(b) For each Master, you shall assist Company in having complete written information be delivered to Company, in a form approved by Company, including the following information:
(i) Name and address of Artist as well as all other parties participating in the recording of said Master;
(ii) Applicable union local number(s);
(iii) Applicable social security or Federal identification number(s); and
(iv) Guild contract(s) applicable to the recording of said Master.
Provided you fully perform and complete all of your material services hereunder, Company agrees to accord you credit in the end title crawl of the Picture in substantially the following form:
All other characteristics of said credits shall be determined in Company’s sole discretion. No casual or inadvertent failure by Company or any third party to comply with the foregoing credit provision to accord credit in connection with this Agreement shall be deemed a breach of this agreement.
5. Ownership. Any and all of the results and proceeds of your services hereunder shall constitute or contribute to a work specially ordered or commissioned by Company for use as part of the Picture and in uses ancillary to the Picture and Company shall have the right to distribute such results and proceeds in any and all media now know or hereinafter devised, and, accordingly, all results and proceeds shall be a work “made-for-hire” as defined in the United States Copyright Revision Act of 1976, as amended.
6. Budget. You agree that you shall meet with a representative of Company to discuss the music budget for the Picture. No persons other than you will be engaged to render services hereunder without Company’s prior written consent.
7. Name and Likeness. Subject to the restrictions in third party agreements approved by Company, you hereby grant to Company the right to issue and to authorize others to issue publicity and the right to use your name, likeness and biographical data (including any professional names heretofore or hereafter adopted by you) in connection with the distribution, exhibition, advertising and exploitation of the Picture, the Album and any other authorized exploitation hereunder.
8. Warranties. You hereby represent and warrant to Company:
(a) that you have the full right, power an authority to enter into and perform this agreement and to grant to Company all the rights set forth herein, free and clear of any and all claims whatsoever; and,
(b) that you have not and will not sell, assign, lease, license or in any other way dispose of or encumber the rights herein granted to Company;
(c) that you will not employ or otherwise engage the services of any person who has not attained the legal age of majority and/or is not legally eligible to work in the United States.
You hereby indemnify Company, Company’s directors, officers, shareholders, employees, representatives, and successors, assigns and licensees of the foregoing from and against any and all claims, demands, causes of action, cost, expenses, losses, damages, judgments and attorneys’ fees arising out of or resulting from any breach or alleged breach of any of your representations, warranties, obligations or agreements hereunder. Pending the final resolution or settlement of any such claim, demand or action, Company shall have the right to withhold such portions of monies otherwise payable to you hereunder as Company shall deem reasonably sufficient to reimburse Company for any contemplated damages or expenses, including attorneys’ fees and court costs.
10. Notices. All notices, statements and payments to the respective parties shall be in writing and shall be given at the following addresses or such other address as either party shall designate in writing from time to time (address changes effective upon receipt):
With a copy to:
11. Assignment. It is understood and agreed that all or part of this agreement and all the results and proceeds thereof may be assigned by Company to any third party without your consent, and in such event, Company’s successors and/or assigns shall be entitled under and by virtue of this Agreement to all of Company’s rights hereunder. It is further understood and agreed that you shall not be entitled to assign this Agreement without the prior written consent of Company, and any attempted assignment without such consent shall be void and transfer no rights to the purported assignee.
12. Enforcement of Rights. Company may take such action as Company deems necessary or desirable, either in your name and/or in Company’s own name, against any person, corporation or other entity to protect any and all rights and interests acquired by Company hereunder. You will cooperate fully with Company in any controversy which may arise or litigation which may be brought concerning Company’s rights and interests obtained hereunder. Company shall have the right, in Company’s absolute discretion, to employ attorneys and to institute or defend any action or proceeding and to take any other proper steps to protect the right, title and interest of Company in and to its rights hereunder and every portion thereof, including settlement, compromise, or other disposition of any claim, demand or action.
13. Breach. No failure by Company to perform any of its obligations hereunder shall be deemed a breach hereof, unless you shall have given notice of such failure to Company and Company shall have failed to cure such non-performance within thirty (30) days after receipt of such notice. In no event shall you or any third party be entitled to seek injunctive or other equitable relief as a result of any breach or alleged breach under this Agreement.
14. Remedies. Except as otherwise provided in this agreement, all rights and remedies herein or otherwise shall be cumulative and none of them shall be in limitation of any other right or remedy. This agreement shall not be deemed to give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by Company in writing to such third party.
15. Miscellaneous. This agreement is binding upon the respective parties hereto, their respective successors in interest, legal representatives and assigns. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings relating thereto, and cannot be terminated or modified except by a writing signed by all of the parties hereto. This agreement, its construction, validity and interpretation shall be governed by the internal laws of the State of ________________________ applicable to
contracts entered into and to be wholly performed within such state. If any part of this agreement shall be held to be void, invalid or unenforceable, it shall not affect the validity of the balance of this agreement.
Yours very truly,
AGREED AND ACCEPTED:
Social Security No.:
For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby certifies that the undersigned will or has rendered services as a music supervisor intended for in the theatrical motion picture currently entitled “_______________” (“Picture”), at the request of ____________________ PRODUCTIONS, INC. (“Company”) pursuant to a contract of employment between Company and the undersigned dated as of __________, ____ (“Agreement”). (All results and proceeds of the undersigned’s services hereunder are hereinafter collectively referred to as the “Work”.) The undersigned hereby acknowledges that the Work has been specially ordered or commissioned by Company for use as part of a contribution to a collective work or as part of the Picture or other audio-visual work, that the Work constitutes and shall constitute a work-made-for-hire as defined in the United States Copyright Act of 1976, as amended, that Company is and shall be the author of said work-made-for-hire and the owner of all rights in and to the Work, including, without limitation, the copyright therein and thereto throughout the universe for the initial term and any and all extensions and renewals thereof, and that Company has and shall have the right to make such changes therein and such uses thereof as it may deem necessary or desirable including but not limited, to the right to include the Work in the Picture in all media now and hereafter devised and on phonorecords and trailers, advertisements, promotions and co-promotions with respect thereto. To the extent that the Work is not deemed a work-made-for-hire, and to the extent that Company is not deemed to be the author thereof in any territory of the universe, the undersigned hereby irrevocably assigns the Work to Company (including the entire copyright therein), and grants to Company all rights therein, including, without limitation, any so-called “Rental and Lending Rights” and “Neighbouring Rights” pursuant to any European Economic Community directives and/or enabling or implementing legislation, laws or regulations (collectively, “EEC Rights”), throughout the universe in perpetuity, but in no event shall the period of the assignment of rights being granted to Company hereunder be less than the period of copyright and any renewals and extensions thereof.
Company’s rights hereunder shall include, without limitation, the rights to authorize, prohibit and/or control the renting, lending, fixation, reproduction, performance and/or other exploitation of the Work in any and all media and by any and all means now known or hereafter devised, as such rights may be conferred upon the undersigned under any applicable laws, regulations or directives, including, without limitation, all so-called EEC Rights. The undersigned hereby acknowledges that the compensation paid hereunder and under the Agreement includes adequate and equitable remuneration for the EEC Rights and constitutes a complete buy-out of all EEC Rights. In connection with the foregoing, the undersigned hereby irrevocably grants to Company, throughout the universe, in perpetuity, the right to collect and retain for Company’s own account any and all amounts payable to the undersigned with respect to EEC Rights and hereby irrevocably direct any collecting societies or other persons or entities receiving such amounts to pay such amounts to Company.
The undersigned hereby waives all rights of droit moral or “moral right of authors” or any similar rights or principles of law which the undersigned may now or later have in the Work. The undersigned warrants and represents that the undersigned has the right to execute this Certificate, that the Work is and shall be new and original with the undersigned and not an imitation or copy of any other material and that the Work is and shall be capable of copyright protection throughout the universe, does not and shall not violate or infringe upon any common law or statutory right of any party including, without limitation, contractual rights, copyrights and rights of privacy, or constitute unfair competition and is not and shall not be the subject of any litigation or of any claim that might give rise to litigation, including, without limitation, any claim by any copyright proprietor of any so-called “sampled” material contained in the Work. The undersigned shall indemnify and hold Company, the corporations comprising Company, and its and their employees, officers, agents, assignees and licensees, harmless from and against any losses, costs, liabilities, claims, damages or expenses (including, without limitation, court costs and attorneys’ fees, whether or not in connection with litigation) arising out of any claim or action by a third party which is inconsistent with any warranty or representation made by the undersigned in this Certificate or in the Agreement. The undersigned agrees to execute any documents and do any other acts which may reasonably be required by Company or its assignees or licensees to further evidence or effectuate Company’s rights as set forth in this Certificate or in the Agreement. Upon the undersigned’s failure to do so, the undersigned hereby appoints Company as the undersigned’s attorney-in-fact for such purposes (it being acknowledged by the undersigned that such appointment is irrevocable and shall be deemed a power coupled with an interest), with full power of substation and delegation.
The undersigned further acknowledges that in the event of any breach by Company of this Certificate, the undersigned will be limited to the undersigned’s remedy at law for damages (if any) and will not have the right to terminate or rescind this Certificate or to enjoin the distribution, exploitation or advertising of the Picture or any materials in connection therewith, that nothing herein shall obligate Company to use the undersigned’s services or the Work in the Picture or to produce, distribute or advertise the Picture, and that this Certificate shall be governed by the laws of the State of ________________________ applicable to agreements executed and to be performed entirely therein.
Company’s rights with respect to the Work may be freely assigned and licensed and its rights shall be binding upon the undersigned and inure to the benefit of any such assignee or licensee, provided such assignee assumes Company’s obligations to the undersigned hereunder.
This Certificate shall be subject to the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the undersigned has signed this Certificate effective this day of , 20__.
Printed Name: ________________
Social Security No.
AGREED AND ACCEPTED:
_________________ PRODUCTIONS, INC
An Authorized Signatory
Number of Pages10
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
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