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SAMPLE LETTER OF AGREEMENT - PBS

SAMPLE LETTER of Agreement1 SAMPLE LETTER OF AGREEMENTO pening paragraph: defines the parties to the AGREEMENT and thepurpose of the project. End with: This AGREEMENT supersedes anypreviously dated AGREEMENT between these PartiesThis AGREEMENT is made this _____ day of _____,(year), between and among (name of first party)(Sponsor), and(name of second party) (Composer).II. Project AdministrationA. During and at the completion of the Residency Period, Sponsoragrees to:1. provide its professional services as administrator ofthe this program,2. facilitate and coordinate the exchange of informationamong all participants in this program,3. meet periodically in person and by telephone withComposer to plan, evaluate, and consider improvements tothe program,4. plan and carry out publicity for this program,5. cultivate regular and consistent contact with local andregional constituencies,6. maintain a documentary record ( , photos, recordings,videos, programs, posters, news releases) of theprogram,7.

sole liability to Sponsor shall be the refund of the fees. Sample Letter of Agreement 3 ... to the Sponsor herein are and remain the property of the ... release on a commercial recording, a separate agreement between Sponsor and Composer is required. For such a

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Transcription of SAMPLE LETTER OF AGREEMENT - PBS

1 SAMPLE LETTER of Agreement1 SAMPLE LETTER OF AGREEMENTO pening paragraph: defines the parties to the AGREEMENT and thepurpose of the project. End with: This AGREEMENT supersedes anypreviously dated AGREEMENT between these PartiesThis AGREEMENT is made this _____ day of _____,(year), between and among (name of first party)(Sponsor), and(name of second party) (Composer).II. Project AdministrationA. During and at the completion of the Residency Period, Sponsoragrees to:1. provide its professional services as administrator ofthe this program,2. facilitate and coordinate the exchange of informationamong all participants in this program,3. meet periodically in person and by telephone withComposer to plan, evaluate, and consider improvements tothe program,4. plan and carry out publicity for this program,5. cultivate regular and consistent contact with local andregional constituencies,6. maintain a documentary record ( , photos, recordings,videos, programs, posters, news releases) of theprogram,7.

2 Oversee and carry out the premiere performance of During and at the completion of the Residency Period,Composer agrees to:1. cooperate with Sponsor to actively promote and advertisethis program,2. as of the effective date of this AGREEMENT , grant toSponsor the right to use Composer s name, likeness,audio and audiovisual appearances, and biography inconnection with any promotion, advertising, anddocumentation related to this program, and in any audioor audiovisual program on Composer s Residency PeriodSample LETTER of Agreement2and/or this program, made by or under the authority ofthe Sponsor, in which the composer may appear,3. furnish Sponsor with a photograph suitable for scanning,and a complete biography within 30 days of Composer ssigning of this AGREEMENT ,4. provide Sponsor with timely reports (every two months?Quarterly?) on the status of the Composition andresidency activities (see section V. below), beginning(date), and continuing for the duration of the ResidencyPeriod,5.

3 Submit a final written report and evaluation to Sponsorupon completion of the Residency Financial Obligations A. Sponsor makes the following Grant to Composer:1. The sum total of (dollar amount), together with anytravel reimbursement under below, represents theentire payment obligation of Sponsor for the commissionand residency. Sponsor will pay Composer the total sum ininstallments of:1/3rd upon execution of this Agreement1/3rd upon delivery of the completed score of theComposition (per below) to the Sponsor in aform satisfactory to Sponsor1/3rd after the premiere of the Composition and uponreceipt of Composer s final report and evaluation, asset forth in II. B. 5. Sponsor will reimburse Composer up to (dollar amount)for preparation of full score and Sponsor will reimburse Composer for travel to the hostcommunity, up to a total of (dollar amount) upon receiptof documented By signing this AGREEMENT , Composer agrees:1. to be responsible for all taxes pertaining to thesepayments,2.

4 That s/he is receiving benefits from Sponsor by thisGrant, that s/he is bound by the terms of thisAgreement, and that all rights under Section are hereby If for any reason the Composer does not fulfill all the termsof this AGREEMENT (see VIII. E and F. below), the Composer ssole liability to Sponsor shall be the refund of the feesSample LETTER of Agreement3paid, and upon such refund, neither party shall be under anyfurther obligation to the other CompositionA. In cooperation with the musical/artistic director of Sponsor,Composer agrees to compose a musical work (Composition) asspecified in Attachment A. Composition shall beapproximately ___ to ___ minutes in duration. Composer agreesthat the Composition will be written for theinstrumentation/scoring as set forth in Attachment Composer will deliver one clearly legible, performance-readycopy of the completed score of the Composition, and oneclearly legible, performance-ready copy of each instrumentalpart, if applicable, extracted from this score to Sponsor onor before (date--at least 90 days prior to premiere).

5 (SeeAttachment A for specifications regarding score and parts.)The preceding copy of the score and parts of the Compositionshall remain the possession of the Sponsor for its sole andexclusive use, and shall not be given, loaned, sold, orrented to any other party without the express written consentof the Composer. Composer shall keep and retain ownership ofthe original manuscript copy of the At its own expense, Sponsor will make photocopies or otherreproductions of score and parts as reasonably needed forperformance use. Composer hereby grants permission for suchphotocopying or other reproductions via Attachment B, whichshall be signed by Composer upon execution of this Sponsor and Composer agree that the credit on the title pageof all published and unpublished versions of the full score,in all publicity materials and programs, liner notes torecordings, radio, television and Internet broadcasts,presentations of the Composition in premiere performance andall subsequent performances, shall indicate that saidComposition has been commissioned by credit shall read: Commissioned by (sponsor) and premiered by (informationabout premiere: performers, conductors, location, occasion)with support from (funders and other supporters ofprogram).

6 " SAMPLE LETTER of Agreement4E. Composer agrees to assist in preparing the above describedComposition for performance, to be on hand for consultationduring rehearsals, and to give presentations about theComposition as part of the residency (see V. A. below).F. Composer represents and warrants that, except for any textowned by third parties and used by Composer after obtainingpermission from such owner, the Composition is Composer soriginal work which does not infringe upon any existingcopyright or any rights of any third party, and that Composer sexecution of this AGREEMENT and the rights conveyed hereinshall not interfere with, contradict, or contravene anyagreement that Composer has entered into with any third Should the completed Composition include text, the text is tobe mutually agreed upon by the Composer and Sponsor. If thetext is under copyright by any third party, it is theresponsibility of the Composer to secure any permissionsnecessary for its use, and to pay for the cost of obtainingsuch permission.

7 Such permissions shall be of sufficientscope to cover all grants of rights in the Composition made byComposer in this With the exception of the specific provisions set forth inthis AGREEMENT , all parties agree that the copyright of theComposition together with all rights not specifically grantedto the Sponsor herein are and remain the property of theComposer, and further that the Composition is subject to aperforming rights license with American Society of Composers,Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), orother performing rights organization. All parties pledge totake appropriate steps to protect of the Composer s copyrightin connection with their uses of the ResidencyA. Composer and Sponsor agree to carry out a residency plan inthe host community of up to (duration in weeks, months), notnecessarily continuous. The residency will be designed insuch a way as to ensure that the Composer will become arecognizable member of the host community.

8 The ResidencyPeriod begins upon the signing of this AGREEMENT and concludesupon the premiere of the Composition. A copy of the residencyplan is Attachment LETTER of Agreement5B. All costs for the residency, including meals, accommodations,and local transportation, shall be borne by the travel to and from the host community will besubsidized by Sponsor, pursuant to III. A. 3. PerformancesA. The premiere of the Composition will take place on (date), at(location). Composer agrees to be in performance dates of the Composition as part ofthis program are as follows:B. Sponsor agrees to make an audio and/or video recording of theComposition, and to provide Composer a copy of and right touse said recording. Said recording shall be made with thehighest quality technical means locally available to theSponsor. Sponsor shall make reasonable efforts to obtain allnecessary rights and permissions from contributors to suchrecordings to permit all uses agreed to by Sponsor andComposer.

9 Sponsor shall inform Composer of any permissions itdoes not All costs associated with these performances shall be borneby Sponsor. Such costs may include but are not limited to:copying scores and parts, local publicity, venue rental,performers fees, programs, performance license fees,administrative overhead, and recording. Sponsor may recoverthese costs through revenues that include but are not limitedto: ticket sales, advertising, sale of goods and services, Performance, Recording, and Broadcast RightsA. Composer grants to Sponsor the exclusive right to perform theComposition publicly without limitation or liability foradditional payments of any kind for a period ending (duration)from the date of the premiere performance. Composer furthergrants to Sponsor a continuing, non-exclusive right to performthe Composition publicly without limitation or liability foradditional payments of any kind for an additional (duration)after the first anniversary of the premiere.

10 This paragraphdoes not confer any performance, broadcast, publishing,recording, or other rights in the Composition not specificallySample LETTER of Agreement6named, nor shall it be construed in contradiction with anyprevious agreements Composer may hold with a performing rightssociety or publisher. Composer s performing rights societyretains the right to license performances, as and/or publisher retain rights to licensing incomederived from performing rights societies and to rental feesfor use of performance Sponsor will make requisite payments to Composer s performingrights society (ASCAP or BMI or other) to license itsperformances of the Composition, including the In the event Sponsor elects to record the Composition forrelease on a commercial recording, a separate agreementbetween Sponsor and Composer is required. For such arecording, mechanical rights will be payable to the Composerat the standard compulsory license rate in effect at the timethe recording is Provided that the Composer s right to receive the appropriatebroadcast royalties as set forth by ASCAP/BMI/other isprotected, Sponsor shall have the right to permit radio,television, and Internet broadcasts of performances, asspecified in above, of the Limitations, Enforcement, and JurisdictionA.


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