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What is a Music Performance Agreement?
A music performance agreement gives a musician the right to establish the terms and conditions of performing at an event scheduled by an event organizer. A few examples of these terms and conditions include compensation, who will be a part of the performance team, and what equipment is required for the performance to take place. In addition to these basic terms, a section called a "rider" is also included in the agreement. This portion of the agreement covers miscellaneous terms, such as whether a performer requires water in the dressing room.
Overall, a music performance agreement, sometimes called an artist performance agreement, ensures that all of a performer's basic needs are met before the performance takes place. This lays the groundwork for a smooth, memorable event. Ultimately, the agreement paves the way for maximized profits and event-goer satisfaction.
Common Sections in Music Performance Agreements
Below is a list of common sections included in Music Performance Agreements. These sections are linked to the below sample agreement for you to explore.
Music Performance Agreement Sample
WEB SITE MUSIC PERFORMANCE AGREEMENT AGREEMENT, made on January 23, 2002, by and between BROADCAST MUSIC, INC. ("BMI"), a New York corporation with its principal offices at 320 West 57th Street, New York, New York 10019 and iQuest Networks Inc. d/b/a Jackalope Audio ("LICENSEE"), a Wyoming (State) (check one) X corporation partnership limited liability company individual d/b/a _______________________________ (complete if applicable) with its principal offices at 165 State Street, Suite 325, New London, CT 06320 (the "Agreement"). IT IS HEREBY AGREED AS FOLLOWS: 1. TERM The Term of this Agreement shall mean the period from either January 1, 2001 or March 1, 2001 (date after January 1, 2001 on which audio was launched), whichever is later, through December 31, 2003 and continuing on a year-to-year basis thereafter. Either party may terminate the Agreement upon 60 days' prior written notice at the end of December of any year beginning with December 31, 2003. BMI shall have the right to cancel this Agreement along with the simultaneous cancellation of the Agreements of all other licensees of the same class and category as LICENSEE as of the end of any month during the initial term or any subsequent renewal term, upon 60 days' prior written notice. 2. DEFINITIONS As used in this Agreement, the following terms shall have the following respective meanings: (a) "Allocation of Run-Of-Site Revenue" shall mean Run-Of-Site Revenue multiplied by a fraction the numerator of which is the total Music Page Impressions for the reporting period, and the denominator of which is the total Page Impressions for the reporting period. (Run-Of-Site Revenue x (total Music Page Impressions total Page Impressions)) (b) "Direct Music Area Revenue" shall mean the total of: (1) In-Stream Advertising Revenue; (2) Music Page Banner Advertising Revenue; (3) Music Subscriber Revenue; and (4) Other Music Revenue. (c) "Gross Revenue" shall mean all revenue, including all billings on behalf of, and all payments made to, LICENSEE, or as authorized by LICENSEE, its employees, representatives, agents or any other person acting on LICENSEE's behalf, and all billings on behalf of, and payments made to, any person, company, firm or corporation under the same or substantially the same ownership, management and control as LICENSEE for: (1) access to and/or use of the Web Site or portions thereof, including online time, subscriptions, and other transactional charges (excluding revenue generated by LICENSEE for the direct sale of manufactured products), including commissions from third parties on transactions; (2) advertising (including sponsor "hot links") on the Web Site, including billings to and payments received from sponsors, less advertising agency commissions not to exceed 15% actually incurred to a recognized advertising agency not owned or controlled by LICENSEE; (3) the provision of time or space on the Web Site to any other person or company; (4) donations; (5) the fair market value of merchandise, services or any thing or service of value which LICENSEE may receive in lieu of cash consideration for the use of the Web Site (i.e. trade and barter); and (6) LICENSEE's proprietary software used to access the Web Site, or download any aspect thereof. Gross Revenue shall include such payments as set forth in (1) through (6) above to which LICENSEE is entitled but which are paid to a parent, subsidiary, or division of LICENSEE or 2 any third party, in lieu of payment to LICENSEE, for LICENSEE's Web Site. LICENSEE may deduct from Gross Revenue any bad debts actually written off during a reporting period which are related to any billings previously reported, but shall increase Gross Revenue by any recoveries thereof. (d) "In-Stream Advertising Revenue" shall mean that portion of Gross Revenue as defined in Paragraph 2(c)(2) and 2(c)(5) which is derived from advertising embedded in audio or audiovisual programming on the Web Site which contains music. (e) "Music Area Revenue" shall mean Direct Music Area Revenue plus the Allocation of Run-Of-Site Revenue. (f) "Music Page" shall mean a Web Page which presents one or more icons or hyperlinks that may be clicked on to access performances of music or at which music is played upon loading the Web Page. (g) "Music Page Banner Advertising Revenue" shall mean that portion of Gross Revenue as defined in Paragraph 2(c)(2) and 2(c)(5) which is derived from advertisements appearing on or in connection with Music Pages or portions thereof on the Web Site. (h) A "Music Page Impression" shall mean a transfer request for a single Music Page. (i) "Music Subscriber Revenue" shall mean that portion of Gross Revenue as defined in Paragraph 2(c)(1) which is derived from granting access to performances of music or Music Pages or portions thereof on the Web Site. (j) "Online Service" shall mean a commercial computer online information and/or entertainment programming packaging service including, but not limited to America Online, @Home Network, Road Runner, Microsoft Network, CompuServe and Prodigy, which offers consumers, for a fee, access to proprietary centralized databases and remote sources of audio and video programming and which may provide Internet access. (k) "Other Music Revenue" shall mean that portion of Gross Revenue as defined in Paragraphs 2(c)(1)-(6) (other than Gross Revenue defined in Paragraphs 2(d), 2(g) and 2(i)) which is directly attributable to performances of music or Music Pages or portions thereof on the Web Site. (l) "Page Impression" shall mean a transfer request for a single Web Page. (m) "Run-Of-Site Revenue" shall mean that portion of Gross Revenue as defined in Paragraphs 2(c)(1)-(6) which is attributable to the entire Web Site, or any part or parts of the Web Site that include one or more Music Pages or portions thereof. Run-Of-Site Revenue shall not include Direct Music Area Revenue or other revenue derived from targeted advertising buys where an advertiser buys advertising banners or other opportunities on or in connection with, or LICENSEE charges for access to, specific Web Page(s) other than Music Page(s) or portions thereof. (n) "Territory" shall mean the United States, its Commonwealth, territories, and possessions, and the territories represented by non-U.S. performing rights licensing organizations listed on Exhibit C as may be amended from time to time by BMI during the Term of this Agreement by adding to or deleting from the list of countries posted in the licensing section of the BMI web site located at http://www.bmi.com/. BMI will provide notice to LICENSEE (by e-mail to the address provided by LICENSEE on the profile attached hereto as such may be amended in writing by LICENSEE) of the deletion of any non-U.S. performing rights licensing organization from Exhibit C during the Term hereof. (o) "U.S. Territory" shall mean the United States, its Commonwealth, 3 territories, and possessions. (p) "Web Page" shall mean a set of associated files transferred sequentially from the Web Site to, and rendered more or less simultaneously by, a browser. For purposes of this Agreement, such associated files shall include, but shall not be limited to, 'pop-up' windows that open upon accessing the Web Page as well as proprietary software 'players' that open when accessing an audio or audiovisual file associated with the Web Page. (q) "Web Site" shall mean an Internet computer service comprising a series of interrelated Web Pages currently registered with a domain name registration service and known as Jackalope Audio that LICENSEE produces and/or packages and then transmits or causes to be transmitted either directly or indirectly to persons who receive the service from the URL http://www.jackalopeaudio.com over the Internet by means of a personal computer or by means of another device capable of receiving Internet transmissions. LICENSEE may license additional Web Sites owned, operated and/or controlled by LICENSEE by listing such additional sites on Exhibit A hereto, and may amend Exhibit A from time to time during the Term hereof by written agreement signed by both parties. LICENSEE must comply separately with all reporting requirements and pay separate license fees under this Agreement, including Annual Minimum License Fees, for each Web Site listed on Exhibit A. References herein to Web Site shall include those additional sites listed on Exhibit A. 3. GRANT OF RIGHTS (a) BMI hereby grants to LICENSEE, for the Term, a non-exclusive license to perform publicly within the Territory (subject to Paragraph 3(b) below), in and as part of LICENSEE's Web Site transmitted or caused to be transmitted either directly or indirectly by LICENSEE over the Internet all musical works, the right to grant public performance licenses of which BMI controls. This Agreement shall only include public performances in the Territory of musical works by transmissions over the Internet received via personal computers or by means of another device capable of receiving the Internet through streaming technologies as well as those transmissions that are downloaded by persons on personal computers or otherwise, where such transmissions are accessed through the Web Site simultaneous to viewing a page on the Web Site. Public performances outside of the Territory may be subject to appropriate separate licensing. This Agreement shall not license transmissions of musical works that are accessed through a web site owned or controlled by a third party simultaneous to viewing a page on the third party's web site. This Agreement does not include dramatic rights or the right to perform dramatico-musical works in whole or in substantial part. This Agreement also does not license public performances in any commercial establishments, including, but not limited to, where all or a portion of LICENSEE's Web Site is used as a commercial music service (as that term is customarily understood in the industry); such performances of BMI music shall be subject to appropriate separate licensing. (b) Notwithstanding the foregoing, the territorial scope of the grant of rights with respect to any musical works which are affiliated with BMI through a non-U.S. performing rights licensing organization not listed on Exhibit C hereto is limited to public performances in the U.S. Territory. Public performances of such musical works outside of the U.S. Territory may be subject to appropriate separate licensing. (c) Nothing herein shall be construed as the grant by BMI of any license in connection with any transmission which is not part of LICENSEE's Web Site transmitted or caused to be transmitted by LICENSEE and nothing herein shall be construed as authorizing LICENSEE to grant to others (including, but not limited to, third party web sites, Online Services, cable television system operators and open video systems (acting as other than Internet service providers)) any license or right to reproduce or perform publicly by any means, method or process whatsoever, any of the musical compositions licensed hereunder. 4 (d) This Agreement grants only public performing rights to LICENSEE, and does not grant any reproduction, distribution, performance right in sound recordings or any other intellectual property right(s) in any musical works to any person or entity that may receive and/or download or otherwise store the transmission of musical works. (e) In the event that all or a portion of LICENSEE's Web Site is offered for resale by a third party as a pay or premium audio or audiovisual service, or is packaged or included on a tier of services by a third party for additional revenue, either independently or with other web sites, LICENSEE shall immediately notify BMI in writing of any such arrangements. BMI and LICENSEE expressly agree that any such uses are not licensed under this Agreement and shall be subject to appropriate separate licensing. 4. LICENSE FEE In consideration of the license granted herein, LICENSEE shall pay to BMI for each calendar quarter of the Term hereof a license fee in accordance with the following rate calculations at LICENSEE's option: (a) Gross Revenue Calculation LICENSEE shall pay to BMI 1.75% of LICENSEE's Gross Revenue generated by LICENSEE's Web Site during each quarter year of the Term according to the Payment Schedule below (Gross Revenue X 1.75%); or (b) Music Area Revenue Calculation LICENSEE shall pay to BMI the greater of: (1) 2.5% of LICENSEE's Music Area Revenue generated by LICENSEE's Web Site during each quarter year of the Term according to the Payment Schedule below (Music Area Revenue X 2.5%); and (2) total Music Page Impressions during each quarter year of the Term according to the Payment Schedule below divided by 1,000 and multiplied by $0.12 ((Music Page Impressions 1,000) X $0.12). (c) Payment Schedule: LICENSEE may elect between the Gross Revenue Calculation and Music Area Revenue Calculation upon filing each of its Financial Reports for each immediately preceding calendar quarter of the Term in accordance with Paragraph 6 according to the following Payment Schedule:
Reference:
Security Exchange Commission - Edgar Database, EX-10.7 26 doc25.txt, Viewed August 12, 2022, View Source on SEC.
Who Helps With Music Performance Agreements?
Lawyers with backgrounds working on music performance agreements work with clients to help. Do you need help with a music performance agreement?
Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate music performance agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.
Meet some of our Music Performance Agreement Lawyers
Craig M.
I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.
Melissa G.
My name is Melissa “Mel” Green and I provide legal counsel to entrepreneurs, start-ups, and small businesses that is clear, concise, and focused on the practical impact of decisions. As trusted legal counsel, I proactively identify risks, and develop effective, practical solutions that protect my clients businesses, create positive outcomes, and help mitigate legal exposure. My areas of expertise include business formation, contract law/commercial transactions, healthcare law, and intellectual property. I also provide services as an outside general counsel or “fractional general counsel”. Prior to starting my own law firm, I spent the majority of my career in-house at large and small corporations, both for profit and not-for-profit, working with senior and executive management, in addition to other stakeholders at a variety of management levels. to proactively identify and address risks, mitigate legal exposure, streamline processes, lead persuasive negotiations that are integral to ensuring positive outcomes for the organization, and deliver hands-on, spectacular client service. There came a time when I realized that individuals and smaller entities were not receiving the same level of legal support and guidance as mid-size to large companies and as a result, individuals and small businesses were not growing and sustaining on the same level. I wanted to use my expertise to provide those that were underserved by the legal market with competent counsel at an affordable price. With the increasing number of new businesses, I knew that I could make a difference to those that needed legal guidance but were putting it off in fear of “Big Law” prices. I love to “partner” with my clients, get a deep understanding of their business, develop lasting professional relationships and watch them prosper. I want to find a way to help my clients maximize the reach, value and impact of their business. Services that I have provided over the course of my career: (i) reviewing, drafting and negotiating commercial agreements (leases, MSAs and SOWs, consulting services agreements, confidentiality agreements, SaaS agreements, coaching agreements, independent contractor agreements, coaching agreements, photographer agreements, waivers and releases, licensing agreements, etc.), (ii) business formation (operating agreements, written consents, bylaws, etc.), (iii) preparing policies and procedures for businesses in highly regulated industries, (iv) conducting federal trademark searches and filing trademark applications/preparing trademark opinion letters after conducting appropriate legal research, and (v) general business counsel.
Robert Jay H.
My Legal career hasfocused on representing businesses (corporations and limited liability companies) as general outside counsel. In this capacity, I have drafted a broad range of legal documents as well as analyzed proposed agreements drafted by the other party's attorney to the agreement for the pupose of determining the risks to which my client would be exposed. I maintained the client's minute book if no one in-house was available for that task. Additionally, if rquested, I served as a general advisor to the client's executive offers and to its Board of Directors.
July 29, 2021
Stanley K.
Stan provides legal services to small to medium-sized clients in the New England region, and throughout the U.S. and abroad. His clients are involved in a variety of business sectors, including software development, e-commerce, investment management and advising, health care, manufacturing, biotechnology, telecommunications, retailing, and consulting and other services. Stan focuses on the unique needs of each of his clients, and seeks to establish long term relationships with them by providing timely, highly professional services and practical business judgment. Each client's objectives, business and management styles are carefully considered to help him provide more focused and relevant services. Stan also acts as an outsourced general counsel for some of his clients for the general management of their legal function, including the establishment of budgets, creation of internal compliance procedures, and the oversight of litigation or other outside legal services.
July 30, 2021
Sam W.
Sam Widdoes has practiced law in California since 2014. He began his career as a litigation associate at a boutique firm in Los Angeles, and founded a production development company with a partner in 2017. Since then, Sam has served as the head of business and legal affairs at District 33, while working hand-in-hand with writers, directors and actors to develop, pitch and produce scripted and unscripted content. In that role, Sam produced the documentary series BLACKBALLED for Quibi/Roku, and will produce the upcoming documentary feature AS WE SPEAK directed by J.M. Harper for Paramount+/MTV, and the doc series THE BLACK BOX for MRC and XYZ Films. He is also the executive producer of an upcoming limited series with CBS TV starring Judith Light and Noah Wyle called SHADOWS IN THE VINEYARD, and a feature comedy for Spyglass Entertainment, among other projects. In early 2022, Sam opened WIDDOES LAW, APC, after recognizing a need for experienced legal services in the unscripted and documentary spaces. Since opening his own practice, Sam has advised producers, editors, directors and rights holders on a variety of agreement negotiations, including option purchase contracts, collaboration agreements and documentary producer deals. Sam also serves as production counsel for several documentary features, series and short films, and will draft, negotiate and advise on all legal aspects of the projects, including financing, production and distribution. Sam earned his Juris Doctor from The Catholic University of America, Columbus School of Law in 2013, where he graduated on the Dean's List and as a member of the Society of Trial Advocates. He holds a BA in journalism from the University of Richmond, and sits on the Board of Trustees at Turning Point School in Culver City, California. Sam is passionate about quality storytelling, and supporting those with the vision and drive to share their stories with the world.
August 3, 2021
Robert D.
Robert is a skilled corporate lawyer, licensed to practice law in NY and DC. He has over 25 years of experience, with a focus on Venture Capital, Private Equity, M&A, General Business Law and Company Formation. Robert brings business side experience to every legal transactions. This allows him to shape a client's legal needs around its business goals to drive success in an effective and efficient manner.
August 4, 2021
Spencer W.
I’m a New York based attorney with substantial experience in media and art law, corporate structuring and commercial contracts. For the past several years, I have been advising startups and new business on their legal needs, with a special focus on tech and entertainment.
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