Thank You
For downloading the
Guinness MADE
OF MORE Brief & Filmmaker Pack
Along with the brief, you will find the following
forms:
o
Filmmaker Agreement
Form
o
Talent Release Form
o
Music Release Form
Please make sure that you complete these forms
and submit them, via www.MOFILM.com/CCA, as soon as you have uploaded your entry.
Please note you need to upload your film first so that you can get the MOVIE ID
number to include in the filmmaker agreement.
We hope that you enjoy making your entry. If
you have any questions, would like any advice or feedback on your concept, then
please just ask! You can also get feedback on your entry before the contest
closes so you can make changes. All you need to is upload it before the
deadline and then ask. You can get our attention by emailing us at support@mofilm.com, on twitter, @MOFILMUGC or on Facebook, www.Facebook.com/MOFILM.
We’ll respond in enough time so you can make
edits.
Good Luck!
MOFILM
Guinness Filmmaker Brief: What are you
made of?
Background:
Guinness
is a bold beer, a beer MADE OF MORE. More taste, more style, more soul.
Guinness
believes that every day across Africa a new generation of positive minded
individuals wakes up ready to write the next chapter in modern Africa. They
want to capture this bold new spirit and give this exciting creative talent a
platform.
To
do this they are inviting filmmakers across Africa to showcase people who
emulate the values of their brand, people who are MADE OF MORE.
Insight:
At
Guinness we believe that every individual is MADE OF MORE than just one part.
Our creativity stems from a number of influences resulting in a rich, layered
and textured expression of ourselves and where we come from.
You
could say that Africa is MADE OF MORE because of its history, traditions,
legends and culture. We are not saying that. We know those things have uniquely
shaped the environment that is Africa, but today Africa is MADE OF MORE because
of the goals and ambitions of its people and their incredible, creative and
inspirational stories of determinationto find ways to make these real. It is
about looking forward, making a mark on Africa by creating new traditions, legends, and cultures.
What we want?
Make
a film that brings to life your interpretation of what it means to be MADE OF
MORE.
There is a new generation of vibrant
thinkers, dreamers and storytellers who are telling the story of a new Africa …
an Africa MADE OF MORE.
Tap into this unique mind-set. Think about the people, the
youth, the soul, the languages, the music, the sport, the arts, the spirit of
creativity and inventiveness…
We
know that Africa is MADE OF MORE than meets the eye so make sure you scratch
below the surface. Perception is the cliché, the reality is much richer. The
stories that we know already are interesting but now we want to know your stories.
We
want people to understand that being MADE OF MORE means being willing to stand
up and be counted. That when you have the confidence to live bold, to make a
difference and to step up when the opportunity presents itself … then you will
get more out of life.
These
are the only parameters you have – you can go about making your film in any way
you want – you can tell a story about someone, about yourself, about your
community, an inspiration or a movement… You can bring it to life through film as
a poem, a monologue, a biography, a song… It’s entirely up to you. Be creative,
be bold and make sure that you stir emotions in the viewer – we want people to
walk away inspired and moved when they watch your film.
Tone:
Bold, inspirational, authentic, vibrant, energetic, rich
Length:
60 seconds (if longer it has to be able to be cut down to 60s)
Target
Audience: 21-29 year olds across
Africa
Intended
Use:
·
Pan-African
prime time TV slots (this will be the
next Guinness ad)
·
Global
reach through YouTube
Considerations:
·
Responsible
drinking – if you show drinking do so in a responsible manner. No people who
appear in your films should be under the age of 25 or look under 25.
·
No
explicit conduct
·
Guinness
is not looking for replicas of their previous ads. They are looking for films
that truly touch people and inspire in
both content, flair and style
·
Any
films should be relatable back to Guinness – either through the values of the
brand, the personality or the characteristics of the product.
·
Films
need to have universal appeal across Africa, as the TVC will be Pan-African.
WE BELIEVE THAT EVERY DAY ACROSS AFRICA A NEW
GENERATION OF POSITIVE MINDED INDIVIDUALS WAKES UP READY TO WRITE THE NEXT
CHAPTER IN MODERN AFRICA
WE ARE SUPPORTING THE BURGEONING CREATIVE INDUSTRY TO
SHINE A LIGHT ON THIS AND HELP DEMONSTRATE A CONTINENT THAT IS LIKE GUINNESS
MADE OF MORE
MOFILM FILMMAKER AGREEMENT
THIS CONTEST IS OPEN ONLY TO THOSE RESIDENT IN ANY STATE IN THE AFRICAN
CONTINENT
THIS
FILMMAKER AGREEMENT is made on
2013
BETWEEN:
(1) MOFILM LTD, having its registered office located at 40
Clifton Street, London, EC2A 4DX, UK (“MOFILM”);
and
(2) YOU (“Filmmaker”
or "You").
Filmmaker’s Name ________________________________________________________________
Filmmaker’s Address ________________________________________________________________
Date of Birth ________________________________________________________________
Film School Attended (if
any)________________________________________________________________
Business/Cell Phone ________________________________________________________________
Home Tel Number ________________________________________________________________
Email Address ________________________________________________________________
Company Brand ________________________________________________________________
Film (Working Title) ________________________________________________________________
Country of Film Production
________________________________________________________________
MOFILM Movie ID________________________________________________________________
Competition ________________________________________________________________
WHEREAS:
A.
Filmmaker
is the creator and owner of certain Content as more particularly defined below.
B. MOFILM
operates certain mobile content digital transmission services and makes provision
for the delivery of certain Content via mobile telephones, portable devices
and/or PCs, cinema and television.
C.
MOFILM
wishes to obtain from Filmmaker, and Filmmaker wishes to provide to MOFILM,
certain Content on the terms and conditions set out below.
WHEREBY
IT IS HEREBY AGREED:
1.
DEFINITIONS
"Acts"
means the Copyright, Designs
and Patents Act 1988 (as amended) and the US Copyright Act of 1976 (as
amended);
"Brand Participant"(or"Brand")means a brand partner providing a relevant Brief and associated
with MOFILM for purposes related hereto;
“Brief”means
the description of aesthetic and technical requirements for entries in each
Competition;
"Clearance
Paperwork" means this Filmmaker Agreement, together with the attached
Talent Release Forms (one for each applicable person) and where applicable the
Music Clearance Agreement;
"Competition" meansthe competition listed above run by MOFILM
to which Filmmaker may enter Films and/or Content pursuant to this Agreement
and the terms and conditions of the Competition available via the Site from
time to time (and the culminating event of each Competition shall be an “Event”);
"Content"means the Film and other content, including without
limitation graphics, sound recordings and biographical materials delivered by
Filmmaker to MOFILM hereunder;
"Contest
Period" means the period between the commencement and the closing date
of the Competition, as set out in the Brief or on the relevant page of the Site
from time to time;
"Film"means
an original audio-visual recording created and owned by Filmmaker and submitted
or delivered to MOFILM for distribution to Brand Participant and end users;
"Intellectual
Property Rights"means all intellectual property rights, howsoever
arising and in whatever media, whether registered or capable of registration,
including without limitation, copyright, trademarks, trade names, database
rights, patents, image rights, Moral Rights and rights of privacy;
"Moral
Rights"means the right of integrity, the right of paternity and all
other rights customarily referred to as ’moral rights‘ throughout the world;
"Selected
Content" means each item of Content (i.e. each Film) selected by
MOFILM and/or Brand Participant as a finalist or otherwise as an item to be
assigned to MOFILM hereunder in accordance with Clause 5.1;
"Service"means
the commercial services provided by MOFILM hereunder; and,
"Site"means
the MOFILM website at www.mofilm.com and/or other URLs notified to
Filmmaker from time to time.
2. GRANT OF RIGHTS
2.1 Filmmaker hereby grants to MOFILM the worldwide
rights to use, reproduce, store, format, adapt, distribute, display, publicly
perform, license, exhibit, broadcast and/or make available and transmit to end
users the Content in all media for all purposes, including but not limited to
cinema and television distribution, as part of the Service and otherwise in
relation to Brand Participants. Further, Filmmaker hereby grants to MOFILM the
right to use, sub-license, reproduce and display the name and likeness of Filmmaker,
and any trademarks or trade names related to or contained within the Content
for the purposes of marketing and promoting the Content and/or the Service.
Filmmaker acknowledges that MOFILM’s only liability to Filmmaker shall be to
use reasonable endeavours to provide the Fee (set out under Clause 4 below).
Unless Filmmaker has requested otherwise, Filmmaker’s name and other profile
information may be published alongside such material.
2.2 Notwithstanding and without limiting the above,
by submitting Content to MOFILM, Filmmaker consents and agrees to assign and
transfer to MOFILM (or, at MOFILM's direction, to the relevant Brand
Participant), in accordance with Clause 5.1 below, all right, title and
interest in and to such Content.
2.3 Filmmaker hereby agrees, at the request of
MOFILM, to execute all such further documents and do all such further acts as
MOFILM may require in order to vest in MOFILM and the relevant Brand
Participant the rights hereby intended to be licensed and/or assigned.
2.4 To the maximum extent
permitted by law, Filmmaker explicitly releases, discharges and holds harmless the
Brand Participant, its affiliates, subsidiaries, successors and assigns, and
their respective directors, officers,
employees, shareholders, attorneys, representatives and agents, from any and all liability, actions, causes
of action, damages (whether actual, incidental or consequential), claims and
demands whatsoever in law or equity, including all costs, which s/he now has or
may assert, including but not limited to, those with respect to or in any way
arising from Filmmaker’s participation in the Competition or the awarding, acceptance, possession or
use (or misuse) of the Competition prize, including, but not limited to,
liability for personal injury, death or illness arising out of the aforesaid
prize. Filmmaker understands that the
parties to be released hereby are not responsible for any part of the prize
except to make payment for the prize.
2.5 Filmmaker acknowledges
that Filmmaker has a limited licence to utilize the brands, logos, trademarks,
product images or other assets of the Brand Participants solely for purposes of
creating Content for the Competition. In
the event that the Content submitted by Filmmaker is not selected as a winning
entry, Filmmaker agrees that it will make no further use of the Brand
Participant‘s Intellectual Property Rights, including, without limitation, Brand
Participant's logo, trademarks, product images and/or any other assets provided
by Company or MOFILM to Filmmaker in connection with the Competition.
2.6ACTORS AND INDIVIDUALS APPEARING IN CONTENT: Filmmaker warrants that Filmmaker has obtained
and agrees to provide
to MOFILM acompleted and signed talent release form in the
form attached hereto (“Talent Release Form”) which
provides consent (and a waiver of moral rights) for use of the name(s), likeness(es), performance(s)
and/or voice(s) of each person seen or heard in the Content. You must provide evidence
that all talent grants in writing all usage rights on a fully-paid-up basis that
allows unrestricted worldwide usage in all media for all lawful purposes, in perpetuity.
3. FORMAT, DELIVERY AND ASSESSMENT OF CONTENT
3.1 Filmmaker shall deliver the Content to MOFILM
in such format(s) in accordance with Clause 7 below, and the Official Rules of
Entryfor the Competition and/or the “upload” pages of the Site from time to
time.
3.2 Filmmaker acknowledges that MOFILM shall
assess all Content, such procedure being made up of technical, legal and
aesthetic evaluation. MOFILM shall be entitled in its absolute discretion to
accept or reject Content and/or remove any objectionable or infringing
material, without being obliged to give reasons, and Filmmaker shall have no
right to contest any such assessment made by MOFILM’s adjudicators. Filmmaker
agrees that MOFILM shall be entitled in its absolute discretion to suggest corrections
or technical alterations to submitted Content and acknowledges that, where such
suggestions are substantial, Filmmaker may be asked to consent to such
corrections made by MOFILM or to revise and re-submit the Content.
3.3 Filmmaker agrees and undertakes to use only
the music supplied by MOFILM to Filmmaker specifically for the purposes of the
relevant Competition in each case. If Filmmaker wishes to use any original
music (other than that supplied to Filmmaker by MOFILM), Filmmaker shall contact
MOFILM to make an “Original Music Request” in writing. For the avoidance of
doubt, Filmmaker shall deliver Films to MOFILM using only Library Music
supplied by MOFILM, unless agreed otherwise in writing in each case.
4. FEE
4.1 In consideration of the rights granted by licence
or transferred by assignment by Filmmaker herein (each of which shall be
sub-licensed and/or fully assigned to BrandParticipant and its
licensees/assignees), MOFILM shall offer Filmmaker the chance to enter the
Competition(s), in which the finalists (and certain others) will be paid
five-hundred US dollars ($500) or prize equivalent of at least US dollars
($500) plus any further amount (if any) as determined by the relevant Brand
Participant (“Fee”) for each item of
Selected Content.
4.2 Filmmaker acknowledges and agrees that the
opportunity to compete for the Fee and the self-promotional opportunities made
available to Filmmaker hereunder by way of publicity and exposure through the
Site(s), constitutes sufficient consideration for Filmmaker’s services and the
products of such services provided to MOFILM (including without limitation the
Content) in relation to this Agreement.
4.3 Any payments to Filmmaker hereunder will be
made in US dollars and, if and where applicable, converted into other
currencies at the current exchange rate when received or transferred by MOFILM,
net of any bank charges. Payments may be made by bank cheque or electronic
transfer or any other internationally recognized funds transfer mechanism
determined at MOFILM’s sole discretion.
4.4 Where Selected Content is
used by the Brand for use
within commercial cinema exhibition or broadcast on television then Filmmaker
shall receive the following additional payment for each item of Selected
Content so used ( and no other additional compensation will be paid for use on
the Internet or mobile devices):
Territory
|
Broadcast on terrestrial television
(US$)
|
Used in commercial cinema(US$)
|
USA
|
$5,000
|
$2,500
|
Canada, Western Europe & Australia
|
$2,500
|
$1,250
|
Rest of World
|
$1,250
|
$625
|
For the avoidance of doubt where
Selected Content is used first in one region or for one use and then another,
the maximum aggregate payment to the Filmmaker will be the higher of that
region or use. (For example if a piece of Selected Content is broadcast on
television first in Rest of World, then in Canada, the total aggregate payment
to the Filmmaker would be $2,500, not $1,250 plus a further $2,500)
5. INTELLECTUAL PROPERTY AND ASSIGNMENT OF
RIGHTS
5.1 Filmmaker agrees and
acknowledges that, following payment of the Fee, Filmmaker (by way of present
and future assignment) assigns with full title guarantee to MOFILM all right,
title and interest in the Selected Content (and, accordingly, all Intellectual
Property Rights in the Selected Content shall be owned and controlled by
MOFILM). For the avoidance of doubt, MOFILM’s rights under such assignment
shall include (without limitation) the exclusive, world-wide rights to use,
reproduce, distribute, display, publicly perform, exhibit, broadcast, transmit,
license and/or make available the Selected Content In any and all media
(including without limitation for television and/or cinema advertising and/or internet exhibition purposes), and Filmmaker
acknowledges and agrees that MOFILM intends to sub-license or fully assign such rights to the Brand
Participant.
5.2 To the fullest extent
legally possible in each country of the world, Filmmaker hereby irrevocably
waives all Moral Rights in and to the Content in relation to all uses thereof
by MOFILM and the Brand Participant(s), and their licensees or assignees.
5.3 MOFILM shall, where practicable for each
format, use itsbest endeavours to cause copyright notices relating
to each item of Selected Content delivered to be displayed to end users when
such Selected Content is exhibited by MOFILM. Each copyright notice shall, so
far as reasonably practicable for each format,
be displayed
in the following format: “(c) [Year of
first publication] [name of Filmmaker]”.
5.4 You acknowledge and agree that, should you
be selected as a finalist, the self-promotional opportunities made available to
you by way of publicity and exposure through the Site (together with the
possible awarding of any prize and/or the Fee), constitute sufficient consideration for the full title
guarantee to your Content.
5.5 The brands, products and service names of
MOFILM and the Brand Participant are the trademarks or trade names of MOFILM,
the Brand Participant or their trading partners unless otherwise stated. Your
use of such trademarks is limited to use within submitted Content for the
purposes of this Agreement and such authorisation may be withdrawn at any time.
You may not use such trade marks for any purpose other than within your Content
during the Term and for the purposes of this Agreement and you hereby undertake
after the close of the Competition not to use such trademarks and to delete or
destroy all such use of such trade marks in Content controlled by you. You may
not distribute products or offer services under or by reference to or otherwise
use or reproduce any such trademarks, trade names or taglines without the prior
written permission of MOFILM and the Brand Participant.
5.6 You acknowledge and agree that material submitted
hereunder is submitted voluntarily and not in confidence or trust, and that no
confidential or fiduciary relationship is intended or created between Filmmaker
and MOFILM and/or any Brand Participant by reason of submission or otherwise.
You further acknowledge and agree that use by MOFILM or the Brand Participant
of material similar or identical to (or containing features or elements similar
or identical to those contained within) any material submitted by Filmmaker
shall not obligate MOFILM to negotiate with Filmmaker nor entitle Filmmaker to
any compensation if MOFILM determines that it has an independent legal
right to use such material (either
because such features or elements were not new or novel or were not originated
by Filmmaker or were or may hereafter be independently created by or
submitted to MOFILM).
6. WARRANTIES
6.1 Each party warrants and covenants to the other
party that it has the right and power to enter into and fully perform all of
its obligations under this Agreement; it will comply with all applicable laws
in the performance of its obligations hereunder; and, it shall bear and pay any
and all governmental taxes, duties and customs of any kind, however designated,
levied or based in any way upon its own performance of this Agreement or the
sale, acquisition, communication or resale of any Content.
6.2If you upload any film,
recorded music, text, photographs, graphics or other materials to the Site, you
hereby warrant and represent that you personally created, wrote and produced such
materials and all materials contained within such materials, or that you have
obtained all
necessary written
releases for the uses
contemplated hereunder
from the owner(s) of those materials for such use on a fully paid up basis that
allows usage in all media, worldwide, for all lawful purposes, in perpetuity.
If you submit any material comprising any pre-existing recorded content (i.e.
"clips" from other films or programmes, "samples" or
extracts from other records, photographs, graphics, etc), you must tell us and
provide details at the time of posting and provide a written release to use.
6.3 SPECIFIC WARRANTIES AND REPRESENTATIONS
YOU WARRANT AND REPRESENT TO MOFILM THE FOLLOWING:
6.3.1 ALL
CONTENT IS ORIGINAL: Subject
to the provisions below, all Content and material used in the Film(s) is your
own original work (or, where Filmmaker is a company, the original work of your
employees) and has not previously been displayed publicly, published or used on
any website or broadcast or in any other communications in any country of the
world. For the avoidance of doubt, you warrant that you are the sole owner of
all copyright and other Intellectual Property Rights in all Content (unless
otherwise notified in writing to MOFILM before the Content is uploaded).
6.3.2 USE OF MUSIC: Any use of music composed and/or recorded
and/or used in a Film has been approved by MOFILM in writing in advance of use
andis cleared in writing for use
on a fully paid up basis that allows usage in all media, worldwide, for all lawful purposes, in perpetuity. Any use of music from a pre-existing source must be cleared in writing for use by Filmmaker as set forth in this
Section 6.3.2 and
notified in writing to MOFILM at the time of delivery. Filmmaker agrees to
produce written evidence of such rights clearance(s) at the time of delivery and promptly on request.
6.3.3 USE OF TALENT: The Filmmaker warrants that
(further to the requirements of Clause 2.6 above) written permission in the form attached hereto
has been obtained for use of the name(s), likeness(es), performance(s) and/or
voice(s) of each person seen or heard in the Content (and the Filmmaker shall
provide copies of such written permissions to MOFILM at the time of submission
of the film) and that such talent has granted in writing all usage rights on a
fully-paid-up basis, that allows unrestricted worldwide usage in all media for
all lawful purposes, in perpetuity. The Filmmaker warrants and represents that
Filmmaker is and will be responsible for all payments due to actors and other
talent used in the Content, including without limitation, guild fees, pension
and health payments, reuse fees, residuals, and/or other executory obligations
pursuant to any collective bargaining agreement with any entertainment,
advertising or other industry labour union or guild, such as the Screen Actors
Guild (SAG). The Filmmaker further warrants that any and all such applicable
payments have been made in accordance with applicable guild unions. Filmmaker shall
produce written evidence of such payments at the time of upload of the Content
and shall notify MOFILM in writing prior to uploading Content whether Filmmaker
and/or any talent featured in the Content are members of any union or guild and
whether the Content was produced under union or guild jurisdiction. Failure to
provide such permission in the form attached for each person seen or heard in the
Content will render Content uploaded being disqualified from entry into the
Competition.
6.3.4 USE OF PHOTOS, GRAPHICS, TEXT OR OTHER
THIRD PARTY MATERIAL: Any
use of photos, graphics, text or other material created, licensed or otherwise
owned or controlled by any third party has been cleared in writing for all relevant rights.
Any use of photos, graphics, text or other third party material from physical
or online sources (including from a book, a painting, a newspaper or a website)
has been cleared in writing for use
by Filmmaker and made known to MOFILM at the time of delivery. Filmmaker agrees
to produce written evidence of such rights clearances at the time of delivery.
6.3.5 EMPLOYEES AND “WORKS FOR HIRE”: Where Content incorporates
the work of employees of Filmmaker or of any other third parties (or is a
so-called “Work for Hire”), the Intellectual Property Rights in the Content have been assigned in writing to the
employer/Filmmaker and the Moral Rights of such employees, workers and persons have been waived in writing to the fullest
extent possible in relation to all uses of the Content. Filmmaker shall produce written evidence of
assignment at the time of upload of the Content.
6.3.6 NO OBJECTIONABLE MATERIAL: Content shall not contain
imagery or audio content which: (a) is sexually explicit or
suggestive, violent derogatory of any ethnic, racial, gender, religious,
professional or age group, profane or pornographic, or which contains any
dangerous activity or promotes the excessive or irresponsible consumption of
alcohol; (b) promotes use of drugs, tobacco,
firearms/weapons; (c) is obscene or offensive or endorses any form
of hate; (d) contains trademarks, logos or trade dress owned by others, or
advertises or promotes any brand or product of any kind (other than those
supplied by the BrandParticipant), without written permission, or contains any
personal identification, such as licence plate numbers, personal names, email
addresses or street addresses; (e) contains copyright materials owned by
others (including photographs, sculptures, paintings and other works of art or
images published on or in websites, television, movies or other media) without
permission; (f) depicts, or is itself, a violation of any law.
6.3.7 NO INFRINGEMENT: The
use by MOFILM and/or the Brand Participant of submitted Content will not
infringe any Intellectual Property Right(s) of Filmmaker or any third party.
6.3.8 NOT DEFAMATORY: The Content is not
defamatory and its use by MOFILM and/or Brand Participant, end users and other
third parties will not infringe any publicity or personality rights of any
person.
6.3.9 NO EARLIER CONTRACTS: Filmmaker is not in breach
of any employment, agency or commissioning contract with any third party by
reason of entering into or exercising or granting any rights or performing any
obligations under this Agreement.
6.3.10 EXCLUSIVITY: Filmmaker does not currently and will not in
future use, exploit, submit or authorize or cause any other person to use for
any purposes (other than use by Filmmaker for self-promotional purposes),
material which is the same as or substantially similar to any Content submitted
to MOFILM by Filmmaker. For the avoidance of doubt, Filmmaker may subsequently
use Films submitted hereunder only by way of posting on Filmmaker’s own
website(s) and Filmmaker’s own social network sites (e.g. Filmmaker’s own
YouTube channel) provided that Filmmaker obtains written permission from MOFILM
or the Brand Participant for use of the Brand Participant’s trademarks in the
Content.
6.4 In the event of any breach of the terms and
conditions contained in this Agreement by MOFILM, the aggregate liability of
MOFILM in connection with this Agreement shall be limited to damages which
shall not exceed the amount actually received by Filmmaker hereunder. MOFILM
shall not, in any circumstances, be liable for any indirect, incidental or
consequential loss or damage. Nothing in this Agreement shall exclude or limit
the liability of MOFILM for death or personal injury resulting from the
negligence of MOFILM or that of its agents or employees.
6.5 Filmmaker hereby indemnifies MOFILM (together
with its associated, subsidiary and affiliated companies) and shall hold it
harmless from and against any and all liability, loss, damages, costs, legal
costs and disbursements, professional and other expenses of any nature
whatsoever incurred or suffered by it, arising by reason or in consequence of
any breach by Filmmaker of any of the representations, warranties or obligations of Filmmaker
set out in this Agreement.
6.6 Filmmaker agrees to notify MOFILM immediately
but in no event later than three (3) days after it becomes aware of any actual
or threatened infringement, dilution or other impairment of any item of Content
("Infringement"). Upon
receipt of such notice, MOFILM shall decide whether to assert or file any legal
or equitable proceedings ("Action")
with respect to such Infringement at its sole discretion. If any such
Infringement has occurred, MOFILM may, in its sole discretion exercisable upon
notice to Filmmaker, either pursue the Action or authorise Filmmaker to
prosecute the Action in Filmmaker’s own name. In the event MOFILM elects to
pursue such Action, Filmmaker shall reasonably cooperate with MOFILM in the
Action. If MOFILM authorises Filmmaker to pursue the Action, Filmmaker shall
advise MOFILM of all developments in connection with the Action of which
Filmmaker becomes aware and MOFILM shall have the right to participate in such
Action.
7. ENTRY TO COMPETITION
7.1ALL ENTRIES
MUST COMPLY WITH THE COMPETITION RULES AND MUST BE RECEIVED DURING THE
CONTEST PERIOD. Please
note that the specific dates and times of the Contest Period are subject to
change on short notice.Filmmaker must be over the age of 18 at the date of
entry of the Competition (or over the age of 16 with permission of parent or
legal guardian on their behalf). Any travel companion must be of legal age of
majority in Filmmaker’s jurisdiction of residence.
7.2 THIS CONTEST IS OPEN ONLY
TO THOSE RESIDENT IN ANY STATE IN THE AFRICAN CONTINENT. You hereby confirm, represent and warrant that
you are a resident of a state/country in the African continent at the time of
uploading any Content and shall remain so resident for the entire duration of
the Contest Period. For the avoidance of doubt, residents of any state/country
in the continent of Africa may enter the Contest irrespective of citizenship.
7.3 On request, Filmmaker agrees to provide the
original audio and video files used during production of the Content for
broadcast or other purposes (which may include uncompressed QuickTime files,
final audio mix and/or separate audio tracks for dialogue, music, and effects).
7.4 Submissions must be primarily in English (or
subtitled in English) and MOFILM reserves the right to edit, crop or cut
Content in its sole discretion. Each Filmmaker may submit up to a total of
twenty-four (24) entries provided the same (or substantially similar) item of
Content is not uploaded more than once.
7.5 Once uploaded, submitted Content cannot (and
will not) be returned. The Brand Participant may, in its sole discretion, remove, delete and/or void any
submitted Content it deems inappropriate or otherwise non-compliant. All
submitted Content will be reviewed before being published or judged; however,
such review does not relieve Filmmaker from responsibility for compliance with
this Agreement.
7.6 The individual Filmmaker uploading a
particular entry will be deemed the sole entrant for that entry. If any group
has collaborated on a submitted item of Content, the entire group will be
deemed to have designated such Filmmaker, as the agent for such group, to agree
to these terms and to accept the prize on behalf of the group. MOFILM and/or
the relevant Brand
Participant shall
not be liable for any dispute between such collaborators.
7.7 MOFILM reserves the right, at its sole
discretion, to disqualify any entrant deemed to be: (a) tampering or attempting
to tamper with the entry process or the operation of the Competition or any
Brand
Participant or the
Site; (b) violating the terms of this Agreement or the Competition or any rules
posted at the Event; (c) violating the terms of service, conditions of use
and/or general rules or guidelines of any MOFILM property or service; or (d)
acting in an unsportsmanlike or disruptive manner or with intent to annoy,
abuse, threaten or harass any other person.
7.8 Filmmakers are prohibited from obtaining votes
or affecting the voting processes in any way by any fraudulent or inappropriate
means (as determined by MOFILM in its sole discretion) including, without
limitation, by offering prizes or other inducements to attendees. Votes cast
with intent to impair the integrity of the voting process shall be void.
7.9 The Competition is offered worldwide but is
void where prohibited. For the avoidance of doubt, you agree and acknowledge
that the Competition is not open to: 1) employees of Brand Participant, its
subsidiaries and affiliates; 2) contract workers of Brand Participant, its
subsidiaries and affiliates; 3) employees of Brand Participant current
advertising agencies; 4) immediate family members (spouse/domestic partner,
parent, sibling, child, etc.) of individuals in categories 1 through 3 above;
and 5) residents of the same household (whether related or not) of individuals
in categories 1 through 3 above.
8. COMPETITION FINALISTS AND WINNERS
8.1 Submitted Content shall be judged on the
“Judging Criteria” as follows:
8.1.1 Originality and Creativity - 50%
8.1.2 Aesthetic Production Quality - 50%
8.2 Finalists will be selected
by a judging process in which a designated panel of judges from MOFILM and/or
Brand Participant (“Judges”) shall evaluate each eligible
submission based on the Judging Criteria. Please note that the creative directions
contained within the Brief are for guidance only and the Judges may or may not
use such creative criteria within their own discretion. The Judges may designate a
winner and a runner-up (and may award further prizes) in their sole discretion,
and any “tie” or “draw” shall be awarded or resolved accordingly. The Judges’
decisions shall be final and binding, and no related correspondence will be entered
into.
8.3The winner for each Brand
Participant shall be invited to the Event, at which a further voting process
may be carried out amongst all the brand winners and/or certain other
finalists. The selected winners across all brand entries will be judged by
attendees at the Event and further prizes may be awarded. The finalist entries
and names of runners up will be posted on the Site for public viewing on or about 45 days after the Event. All
finalists are subject to verification, including without limitation,
verification of eligibility and compliance with this Agreement. If any attempt
to notify or contact a finalist is unsuccessful or returned as undeliverable,
if a finalist cannot be verified or is otherwise unable to accept a prize, the
prize will be forfeited and may be awarded to an alternate finalist provided
sufficient time remains, in the relevant Brand Participant’s sole discretion.
8.4 Winners will be notified by telephone,
first-class post and/or email in MOFILM's sole discretion. If attempted
notification is returned as undeliverable or if a finalist cannot be verified
or is otherwise unable to accept a prize, such prize will be forfeited and may
be awarded to an alternate finalist (provided sufficient time remains, in Participating
Brand's discretion).
8.5You agree and acknowledge that in the event of
being selected finalist in the Competition, you may be asked or may be required
to participate in either local or international press activity, including
without limitation, interviews, etc., on request by MOFILM or Brand
Participant. You represent and warrant that you shall be available to
participate in any such press activity subject to reasonable advance notice
provided by MOFILM and/or Brand Participant.
9. COMPETITION PRIZES
9.1 The overall winner prizes shall be as listed
on the Site.
9.2 Filmmaker shall be solely responsible for any
taxes on any prizes received and agrees to complete and return any taxation
form received (depending of country of residence) in relation to the
Competition.
9.3 MOFILM and the Brand Participant(s) reserve the right to substitute any prize
(or portion thereof) with any prize of substantially equivalent or greater
value.
9.4 By accepting a prize, Filmmaker (as a finalist
or winner) agrees that the Brand Participant(s) and/or MOFILM shall not be liable for any loss or injury
resulting from participation in the Competition, acceptance or use of any
prize, or any travel related thereto.
10. GENERAL
10.1 If either party waives any breach of this
Agreement committed by the other party, such waiver shall not be deemed to be a
waiver of any subsequent similar breach or of any other breach at any time.
10.2 Your use of the Site and your entry to the
Competition creates no partnership, client, fiduciary or other professional or
employment relationship.
10.3 If any provision of this Agreement shall be
determined by any court or other tribunal of competent jurisdiction to be
illegal, void or unenforceable, all other provisions of this Agreement shall
nevertheless continue in full force and effect. Termination of this Agreement
shall not release either party from any of its obligations hereunder which are
intended to have a continuing effect.
10.4 This Agreement shall be personal to Filmmaker,
and Filmmaker shall not be entitled to assign any of its rights or obligations
hereunder without the prior written consent of MOFILM.
10.5 The Contracts (Rights of Third Parties) Act
1999 shall not apply to this Agreement or to any of its provisions.
10.6 No responsibility or liability is assumed by
MOFILM or any ParticipatingBrand for technical problems or technical
malfunction arising in connection with any of the following occurrences which
may affect the operation of the Competition: hardware or software errors;
faulty computer, telephone, cable, satellite, network, electronic, wireless or
Internet connectivity or other online communication problems; errors or limitations
of any Internet service providers, servers, hosts or providers; garbled,
jumbled or faulty data transmissions; failure of any e-mail transmissions to be
sent or received; lost, late, delayed or intercepted e-mail transmissions;
inaccessibility of the Site in whole or in part for any reason; traffic
congestion on the Internet or the Site; unauthorized humanor non-human
intervention of the operation of the Competition, including without limitation,
unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of
any aspect of the Competition, or loss, miscount, misdirection, inaccessibility
or unavailability of an email account used in connection with the Competition.
MOFILM and Brand
Participant shall
not be responsible for any typographical errors in the announcement of prizes
or this Agreement, or any inaccurate or incorrect data contained on the Site.
10.7 Other than with the express written approval
of MOFILM, Filmmaker agrees and undertakes not to provide content or services
for, engage directly or otherwise have unsolicited contact with, any ParticipatingBrand,
for a period of twelve (12) months following termination of this Agreement (or,
if later, following the closing date of the final Competition hereunder).
10.8Filmmaker agrees that in
the event of any default of any of the terms of this Agreement by MOFILM (or
any third party), Filmmaker's only remedy will be an action at law for damages
actually suffered by Filmmaker (if any) and in no event shall Filmmaker be
entitled to rescind this Agreement or to receive any injunctive or other
equitable relief or to restrain the distribution, exhibition, advertising or
other exploitation of any Content acquired by MOFILM hereunder or of any rights
granted or assigned under this Agreement.
10.9 All rights and obligations hereunder shall be
construed and interpreted in accordance with the laws of England and Wales and
the Courtsin
London shall be
the sole court of competent jurisdiction.
Signed
for and on behalf of MOFILM:
Signed
by Filmmaker (You sign here):
_________________________________________________________________
Date
|
|
Please list all the full names (and
role/character name) of talent (actors) used in the Content on a separate sheet
of the Talent Release Form (and, where under the age of 18, please also include
their date of birth).
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
APPENDIX: TALENT
RELEASE FORM – MOFILM and BRAND PARTICIPANT
(One per Actor/Actress)
Actor’s Name: ______________________________________________________________________
Actor’s Age: _________________________________________________________
Actor’s Address: ______________________________________________________________________
Home
Phone Number ______________________________________________________________________
Business/Cell
Phone:
______________________________________________________________________
Skype
Name (Optional): ______________________________________________________________________
Filmmaker
Name: _______________________________________________________________________
Brand
Participant: _______________________________________________________________________
Film (working title): _______________________________________________________________________
This
Agreement is entered into by and between the Actor and Filmmaker.
“Filmmaker” includes Filmmaker’s licensees, assignees, future owners/acquirers.
The
Actor hereby assigns to Filmmaker all rights of every kind and character
throughout the world in perpetuity, in and to the Actor’s dramatic performance,
appearance, likeness, name and/or voice (the “Performance”) in connection with the Film. The Actor hereby
authorises Filmmaker to: photograph, videotape, film and record (on film, tape
or any other medium) the Performance (and any audition for the Performance); to
edit the same at its discretion and/or to include with it the performances of
others and sound effects, special effects, digital effects and/or music; to
incorporate the same into the Film, trailers, posters or other materials or
programs related to the Film; to use and to license others to use the
Performance in any manner or media whatsoever, including without limitation for
purposes of publicity, advertising, marketing and sales promotion in all media
(which, for the avoidance of doubt, may include television and/or cinema and
internet exhibition). For the avoidance of doubt, the Actor acknowledges that
Filmmaker shall own all rights, title and property in the Performance and the
Film.
The Actor
confirms that they are twenty five (25) years of age or older at the time of
signing this Release.
The
Actor understands and agrees that this Talent Release refers to his/her role as Principal
Actor or Extra as indicated below;
☐ Principal Actor On Camera
☐ Principal Actor Off Camera
☐ Extra
For
the purposes of this Talent Release, a Principal Actor is defined as follows;
·
anyone
who is seen and who speaks a line or lines of dialogue, or
·
anyone
whose face appears silent, alone in a stationary camera shot and is identified
with the product/service, or
·
anyone
whose face appears silent and is identifiable and whose foreground performance
demonstrates or illustrates a product/service or illustrates or reacts to the
on or off-camera narration or commercial message
For
the purposes of this Talent Release, an Extra is defined as follows;
·
Person
who appears in the foreground solely as atmosphere and not otherwise covered by
the foregoing definition of Principal Actor above shall be deemed Extra
performers.
The
Actor understands and agrees that, unless otherwise agreed in writing, in the event that they are determined
to be a Principal Actor thenthey
will receive a special one-off payment if the Film is used within a television
broadcast or in commercial cinema exhibitions in the following territories:
-
USA US$1000
-
Canada,
Western Europe and Australia US$500
-
Rest
of world US$250
In the event that the Brand Participant endeavors to make the Film a
guild production, Actor agrees to accept the relevant guild minimum payments
for a daily rate as payment in full for his/her Performanceand agrees to
execute any other agreements as may be necessary to enforce the agreements made
hereunder.
Determination
of Principal Actor is at the sole discretion of MOFILM. The Actor agrees not to
assert or maintain against Filmmaker and/or the Brand Participant any claim,
action, suit or demand (including without limitation those grounded upon
“Rights of Publicity” or other civil rights) in connection with use of the Performance and the Actor agrees to
indemnify and hold harmless MOFILM, Filmmaker and the Brand from any such
claims and/or actions.
The
Actor agrees that in the event of any default of any of the terms of this
Agreement by MOFILM (or any third party), the Actor's only remedy will be an
action at law for damages, actually suffered by the Actor (if any) and in no
event shall the Actor be entitled to rescind this Agreement or to receive any
injunctive or other equitable relief or to restrain the distribution,
exhibition, advertising or other exploitation of any Content acquired by MOFILM
hereunder or of any rights granted or assigned under this Agreement.
This
Agreement constitutes the entire agreement by and between the Actor and
Filmmaker and supersedes any and all prior contracts, understandings,
negotiations and agreements with respect to Filmmaker and the subject matter
hereof, whether oral or written. This Agreement shall be governed by the laws
of England and Wales and the parties each agree to submit to the exclusive
jurisdiction of the Courts in London.
The parties acknowledge that
the execution of this release was completed prior to any Performance being
rendered by the Actor.
Actor’s
Signature: __________________________________________
Print
Full Name (BLOCK CAPITALS):__________________________________________
Witnessed
by: _________________________________________
Date: ___________________________
Print
Full Name (BLOCK CAPITALS):__________________________________________
NOTE: Actor
must attach to this Agreement a signed copy of Actor’s passport or, driving
licence or similar government-issued identification document
MUSIC LICENSE AGREEMENT
Licensor:
____________________________________________________________________
Licensor’s Address: ____________________________________________________________________
Licensor’s Phone Number:
___________________________________________________________________________
Email Address / Skype ____________________________________________________________________
Filmmaker Name: _____________________________________________________________________
Brand:
_____________________________________________________________________
Film (working title): _____________________________________________________________________
This License Agreement is made and entered into on[
] (date) by and between the Licensor, whose name and details are
set out above (“Licensor” or “You”), and MOFILM LTD of 40 Clifton
Street, London EC2A 4DX, UK, including subsidiary and group companies thereof
(“MOFILM” or“Licensee”).
1. Licensor agrees to upload
composition(s) and recording(s) set out in Exhibit A below (hereinafter known
collectively as “Master Recording(s)”) to MOFILM web site, as included in
synchronization or timed relation with the film production submitted to MOFILM
currently entitled [ ]
(“Film”). Licensor hereby grants to MOFILMa non-exclusive gratis licence, including
the rights to use, reproduce, store, format, adapt, exhibit and/or make
available and transmit to the client sponsoring a specific MOFILM competition
pursuant to which the Film was submitted (“Brand Participant”) such Master
Recording(s) for purposes of allowing the Brand Participant to preview,
audition and otherwise assess suitability of the Film (“Initial License”).
2. In the event that the Brand
Participant shall select the Film as one of the competition winners and/or
obtain assignment of rights in the Film pursuant to terms and conditions of the
relevant MOFILM competition within 6 (six) months after the end of the MOFILM
competition and/or event pursuant to which the Film was submitted, Licensor
shall grant to MOFILM the non-exclusive, fully paid, irrevocable, perpetual,
worldwide license to use the Master Recording(s) in any lawful manner in
conjunction (i.e. in synchronization) with the Film, including without
limitation the rights to use, reproduce, store, format, adapt, license,
distribute, display, publicly perform, broadcast, exhibit and/or make available
the Master Recording(s) in all media whether now know or hereafter devised
(“Usage License”). This Usage License shall also include the rights specifically
set out in Sections 8-13 of this Agreement.
3. Licensor hereby represents
and warrants that Licensor has the full legal right, power and authority to
enter this Agreement and to grant all rights granted hereunder.
4. Licensor warrants,
represents and agrees that Licensor has obtained requisite written consents,
permissions and releases of rights from all relevant rights holders, including rights
organisations, copyright owners, musical performers and all other persons and
legal entities (where applicable) whose performances are embodied in the
composition(s) and recording(s) or who have otherwise contributed to or hold
any rights in any composition(s) and/or recording(s) hereunder in the form
set out in Exhibit A below.
5. Licensor warrants,
represents and agrees that Licensor will pay all re-use payments, fees,
royalties and other sums required to be paid for such consents and permission
in connection with Licensee’s usage of the compositions and recordings pursuant
to this Agreement. If Licensee so requires, Licensor will procure such
persons/entities to deliver any documents that Licensee requires, confirming
that they will not look for further payments in connection with use of compositions
and recordings pursuant to this Agreement.
6. Licensor will indemnify
and hold Licensee and its officers and directors harmless from any and all
claims, liabilities, losses, damages and expense including without limitation
legal expenses arising from any breach of Licensor’s warranties, representations
or obligations under this License Agreement or in any way resulting from or
connected with Licensee’s usage of the compositions and recordings in
accordance with this License Agreement.
7. The term of the Usage License
is for the full period of copyright in and to the musical compositions and
sound recordings and any and all renewals or extensions thereof that Licensor
may now or hereafter own or control anywhere in the world.
8. MOFILM may file, in its
discretion, title registrations with any performance rights organisation(s)
(for example, without limitation, ASCAP or BMI or PRS), assigning a new and
specific title for any composition(s) and recording(s) hereunder, provided,
however, that the MOFILM shall not be obligated to do so in any instance.
9. Licensor grants to the
MOFILM the right to collect in perpetuity the so-called “publisher’s share” of
performance income in relation to the public performance of the composition(s)
and recording(s).
10. MOFILM shall retain
two-thirds (67%) of the “publisher's share” (i.e. revenue received by MOFILM
from copyright collection societies or any performance rights organizations for
the use of the composition(s) and recording(s), less any amounts paid to or
deducted by subpublishers, sublicensees, agents, collection agencies and local
performing and mechanical rights societies or other relevant third parties, if
any, from exploitation of the composition(s) and the recording(s) and shall pay
the remaining one-third (33%) of the publisher’s share to the Licensor.
11. Licensor shall be
entitled to 100% of the so-called “writer’s share” of performance income in
relation to the public performance of the composition(s) and recording(s). In
the event the writer is not already registered with a copyright collection society,
MOFILM may collect the writer’s share monies, but shall pay 100% of such writer’s
share royalties to the Licensor, less any subpublishers, sublicensees, agents,
collection agencies and performing and mechanical rights societies and other
relevant third party deductions, if any.
12. In the event of
termination of this Agreement for any reason, Licensee shall have the right to
continue to administer and collect the gross receipts earned from use of the composition(s)
and recording(s) in accordance with the terms of this License Agreement and
such rights of the Licensee shall not be affected or terminated in any manner
by any termination of this Agreement.
13. In the event that
Licensor shall enter into an exclusive publishing agreement with another
company, Licensor (or Licensor’s exclusive publishing designee) shall be
entitled to register any of the compositions or recordings for which rights
have been granted hereunder with alternative titles to those titles with which
Licensee has registered such composition(s) and recording(s). For the avoidance
of doubt, Licensor shall continue to be entitled to collect the publisher's
share monies that arise from the originally titled registrations of such composition(s)
and recording(s) hereunder.
14. Licensee shall pay all
sums due to the Licensor pursuant to this Agreement, including applicable fees,
twice annually. Licensee will notify the Licensor of all sums due to the
Licensor within thirty (30) days prior to 30 June and 31 December of each
calendar year respectively. Payment shall be made thirty (30) days following
receipt by the Licensor of a valid invoice from the Licensee in respect of a
previously rendered statement. Any losses from one accounting period shall be
carried forward into subsequent accounting periods. Licensor shall have the
right, during normal business hours and subject to the provision of reasonable
notice, to inspect Licensee’s books of account solely to the extent that the
same relate to the exploitation of the composition(s) and recording(s)
hereunder. All accountings rendered by the Licensee shall be binding and not
subject to any objection unless specific written objection is received by the
Licensee within one (1) year from the date such accounting statement is
rendered.
15. All rights granted by
Licensor herein shall fully insure to the benefit of MOFILM, its subsidiary and
group companies, licensees, successors and assigns.
16. The individual person/legal
entity signing as the Licensor hereunderwill be deemed the sole provider of the
Master Recording(s). If any group has collaborated on a submitted item of
content, the entire group will be deemed to have designated the Licensor as the
agent for such group to agree to these terms and to accept all fees hereunder
on behalf of the group. MOFILM and/or Brand Participant shall not be liable for
any dispute between such collaborators.
17. If either party waives
any breach of this Agreement committed by the other party, such waiver shall
not be deemed to be a waiver of any subsequent similar breach or of any other
breach at any time.
18. In the event of a
dispute arising out of this Agreement, Licensor’s sole remedy shall be for
monetary damages and in no event shall the Licensor seek an injunction in connection
with the use of the composition(s) or the recording(s) under this Agreement
and/or in relation to any licences granted by the Licensee during the term of
this Agreement.
19. This Agreement does not
and is not intended to create any partnership, fiduciary or other professional
or employment relationship between the parties.
20. If any provision of
this Agreement shall be determined by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this
Agreement shall nevertheless continue in full force and effect. Termination of
this Agreement shall not release either party from any of its obligations
hereunder which are intended to have a continuing effect.
21. The Contracts (Rights
of Third Parties) Act 1999 shall not apply to this Agreement or to any of its
provisions.
22. All rights and
obligations hereunder shall be construed and interpreted in accordance with the
laws of England and Wales and the Courts in London shall be the sole court of
competent jurisdiction.
23. If you wish to make
your Master Recording(s) available on momusic.comonline music
library for preview and consideration for the use in promotional films and
other commercial projects by clients of MOFILM in consideration of applicable
usage fees and percentage of publisher’s share monies, please contact us at license@mofilm.com to discuss the
appropriate arrangements.
Licensor Signature ________________________________
Date ________________________________
Witnessed By ________________________________
Witness Signature ________________________________
THE FOLLOWING FORM IS IN RELATION TO CLAUSE 4
PLEASE ENSURE ALL RELEVANT PARTIES HAVE SIGNED
EXHIBIT A
ARTIST
INFORMATION SHEET
Please have all rights holders sign
below including master owner(s), publisher(s) and/orSynchronization approval
rights holder. Specify each role separately please.
By signing below, you confirm that
you grant to the Licensee all usage rights on a fully-paid-up basis and waive
any moral rights you may have in Compositions/Recordings to allow unrestricted
worldwide usage of Compositions/Recordings synchronization with the Film in all
media for all lawful purposes in perpetuity.
Name
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Signature
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Role-Artist/Performer
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Date
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Email
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Phone
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Name
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Signature
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Role-Musician
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Date
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Email
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Phone
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Name
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Signature
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Role- Backing Vocalist
|
Date
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Email
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Phone
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Name
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Signature
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Role-Song Writer/Composer
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Date
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Email
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Phone
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Name
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Signature
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Role-Producer
|
Date
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Email
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Phone
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Name
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Signature
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Role-Publisher
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Date
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Email
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Phone
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Name
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Signature
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Role-Sound Engineer/Mixer
|
Date
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Email
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Phone
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Performing
Rights Organization
Writer
|
PRO – ASCAP, PRS etc
|
CAE – IPI #
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WE DO NOT ACCEPT COVER SONGS OR SONGS CONTAINING
SAMPLES!
Track List - This form is included
in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each
CD/Digital Album you submit. If you do not have a publisher you are considered
self published.
Track #
|
Song Title
|
Publisher
|
Writer (s)
|
11
1
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Track List - This form is included
in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each
CD/Digital Album you submit. If you do not have a publisher you are considered
self published.
IN THE EVENT
THAT THERE IS INSUFFICIENT SPACE ON THE SHEET ABOVE, PLEASE PROVIDE REMAINING
INFORMATION ON A SEPARATE ATTACHEMENT.
