SAMPLE DOCUMENT ONLY

SYNCHRONIZATION AND U.S.A. THEATRICAL PERFORMING RIGHTS LICENSE

In consideration of and conditioned upon the payment of the sum of ____ Dollars ($ ) as a recording right license fee being paid to this undersigned upon the execution and delivery, the undersigned (referred to as the Licensor) hereby gives to COMPANY NAME (referred to as the Licensee) the non exclusive, irrevocable limited right, license privilege and authority to record, or re-record, in any manner, medium or form, the composition "_____________________" by the writer(s) - __________________________________________________ (the "Composition(s)" as part of, either in synchronization or timed relation with, or as background for, the motion picture entitled ____ (the "Picture").

1. The territory covered by this agreement is the world.

2. In consideration of the additional sum of ____ Dollars ($ ) as a performing license fee being paid to the undersigned upon the execution and delivery of this Agreement, the Licensor, hereby gives to the Licensee the non-exclusive, irrevocable, limited right, license, privilege and authority to publicly perform and to authorize others to publicly perform the Composition as recorded in such motion picture, in the territory covered by this performing rights license, upon and subject to the terms, conditions, limitations, restrictions and reservations herein contained.

3. The right to publicly perform said recording of the Composition pursuant to this performing rights license shall be limited and confined to:

(a) The public performance in the exhibition of the Picture to audiences in motion picture theaters and other places of public entertainment where motion pictures are customarily exhibited, including by means of the televising of the Picture direct to audiences in such motion picture theaters and other places of public entertainment where motion pictures are customary.

(b) the public performance in the exhibition of the Picture by means of television (other than as provided in subsection "a") upon the condition that at the time of each such performance, such television station, either directly or an affiliated station of a television network, shall have obtained a valid license, separate and apart from this license, to so perform the same in the exhibition of said motion picture from the Licensor or from ASCAP, BMI, or from any other society, or entity having the lawful right to issue such license for and on behalf of the Licensor and to collect the license fee for such performance.

(c) The public performance in the exhibition of the Picture by means of so-called "closed circuit television" or CATV is subject to clearance of the performance right either from the Licensor or from ASCAP, BMI, or from any other society, or entity having the lawful right to issue such license for and on behalf of the Licensor and to collect the license fee for such performance.

4. The territory covered by this performing rights license in the United States, its territory and possessions.

5. Licensor warrants that Licensor is the owner of the rights here licensed (including without limitation the copyright), and that there is no agreement between the Licensor and any other person or entity, that would in any way restrict, interfere with or limit the use of the Composition by Licensee under this Agreement. Licensor shall indemnify and hold Licensee harmless from any adjudicated claim or damages, including reasonable attorney’s fees, relating to a breach of Licensor’s warranty.

6. Licensee may assign all or any part of its rights under this Agreement to any person or entity.

7. Licensee shall accord Licensor screen credit, with respect to the Composition on the positive prints of the Picture (if any other composition being used in a similar manner are credited) including all video cassettes and video discs. No casual or inadvertent failure of Producer or others to comply with the provisions of this paragraph shall constituted a breach by Licensee of this Agreement.

8. Licensee shall have the right to broadcast, exhibit, sell and otherwise exploit the Picture throughout the world, in perpetuity in all media including theatrical and home video.

9. In consideration of Licensor’s execution of this Agreement and grant of both licenses Licensee shall pay Licensor the nonreturnable sum of _________________________. Licensor agrees that such compensation shall be deferred and paid pro rata with all similar deferments of compensation, provided that, and at the time that, the full length Picture recoups its negative cost and has been nationally released to theaters or on TV or video.

10. This Agreement is governed by the laws of the State of ____________.

11. This Agreement contains the entire agreement of the parties relating to the subject matter, and cannot be changed without the express written approval of the parties.

The parties acknowledge their consent and understanding to the above by placing their signature below this date of ________________________________.

 

LICENSEE LICENSOR

 

By:__________________________ By: ________________________