Certificate of Authorship
Reference is hereby made to that certain recording project (“Project”) regarding the musical performance of the musical artist (“Artist”) {artistName} for which (“Producer”) James Blanchard aka Decible is to perform services as a producer. The Project is for (“Company”).
Producer, for good and valuable consideration (receipt of which is hereby acknowledged), hereby acknowledges, certifies and agrees that all of the results and proceeds of the services of every kind heretofore rendered by and hereafter to be rendered by Producer in connection with the Project are and shall be deemed works “made-for-hire” (as contemplated and defined in Section 101 of the United States Copyright Act) for Company and/or works assigned to Company, as applicable. Accordingly, Producer further acknowledges, clarifies and agrees that Company is and shall be deemed the author and/or exclusive owner throughout the world of all the rights comprised in the copyright thereof (expressly including the copyrights in and to the “sound recordings” and any extension rights in connection therewith, excluding only the copyrights in the musical compositions embodied in the master recordings produced by Producer), and of any and all other rights thereto, and that Company shall have the right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as Company determines. Producer will, upon request, execute, acknowledge and deliver to Company and/or Artist such additional documents as Company and/or Artist may deem reasonably necessary to evidence and effectuate Company’s rights hereunder, and Producer hereby grants to Company the right as attorney-in-fact to execute, acknowledge, deliver and record in the United States Copyright Office or elsewhere any and all such documents.
Producer hereby grants to Company the right to issue and authorize publicity concerning Producer, and to use Producer’s name, approved likeness, and approved biographical material in connection with the exploitation of the Project; provided, however, Company shall not use Producer’s name, likeness or biographical material in connection with merchandising or other commercial tie-ins, but provided further that uses in connection with the exploitation of the master recordings produced in connection with the Project and/or the musical compositions embodied thereon in the form of phonograph records or audio-visual devices (such as videocassettes and videodiscs) shall not be deemed to be merchandising or other commercial tie-ins hereunder. Producer shall exercise approvals hereunder reasonably.
Producer warrants that all music and other materials and all compositions, ideas, designs and inventions of Producer that are famished or selected by Producer in connection with the Project are or will be original with Producer or will be in the public domain throughout the world, and shall not infringe upon or violate any copyright of, or infringe upon or violate the right of privacy or any other right of, any person; Producer warrants that Producer is free to grant all rights granted and make all agreements made by Producer herein. Producer agrees to hold Company and its successors, licensees and assigns harmless from and against all damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) which Company or any of its successors, licensees or assigns may suffer or incur by reason of any claim, demand or action by a third party which is inconsistent with any of the warranties made in this paragraph and which is reduced to final adverse judgment by a court of competent jurisdiction or settled with Producer’s consent (which consent shall not be unreasonably withheld or delayed).
Producer hereby covenants and agrees that no third party shall have or be deemed to have any lien, charge or other encumbrance upon any of said right conveyed to Company herein or proceeds derived therefrom and that no act or omission by company, nor any other act, omission, or event of any kind shall terminate or otherwise adversely affect Company’s ownership of the rights conveyed herein.
Producer hereby retains all rights to the publishing of the musical compositions embodied in the master recordings produced by the Producer in connection with this Project.