Controlled Composition Agreements Clause Samples
A Controlled Composition Agreement is a contractual provision commonly used in the music industry to regulate the royalties paid by record labels to songwriters and publishers for songs written or controlled by the recording artist. This clause typically sets a reduced royalty rate and limits the number of songs per album for which the label will pay full mechanical royalties, often applying to songs the artist writes or owns. By establishing these terms, the clause helps record labels manage and predict royalty costs, while also clarifying payment expectations for artists and publishers, thus preventing disputes over royalty calculations.
Controlled Composition Agreements. 14.1 Where any person, firm or company is or becomes a member of any Rights Holder or an Affiliated Society and that party itself or that party’s predecessor in title or grantor has a current contract with the Licensee or the Licensee’s predecessor in title or grantor:
14.1.1 to the extent that such contract would otherwise apply in relation to the grant of any or all of the licences referred to in this Agreement and/or the terms and conditions on which such licences are granted, the terms and conditions of this Agreement will during the subsistence of this Agreement replace the terms and conditions of that contract; and
14.1.2 upon the written request of the Licensee, ICE (on behalf of the relevant Rights Holder) will provide the Licensee with evidence that the relevant member has become a member and has given the relevant Rights Holder or the relevant Affiliated Society authority to bind the member as regards this Agreement.
Controlled Composition Agreements. Where any person, firm or company is or becomes a member of MCPS or IMRO or an Associated Society and that party itself or that party’s predecessor in title or grantor has a current contract with the Licensee or the Licensee’s predecessor in title or grantor:
(a) to the extent that such contract would otherwise apply in relation to the grant of any or all of the licences referred to in this Agreement and/or the terms and conditions on which such licences are granted, the terms and conditions of this Agreement shall during the subsistence of this Agreement replace the terms and conditions of that contract; and
(b) upon the written request of the Licensee the relevant Licensor will in the case of MCPSI procure that MCPS does so and in the case of IMRO will provide the Licensee with evidence that the relevant Member has become a Member and has given the MCPS or IMRO or the relevant Associated Society authority to bind the Member as regards this Agreement. This clause does not prevent the Licensee from obtaining a licence only in relation to the rights referred to in clause 2.1 from the relevant party owning or controlling such rights where such licence is validly obtained whether before or after the Commencement Date but other than as a result of a contract with an individual composer or recording group. For the avoidance of doubt, where the Licensee is exploiting the relevant rights outside Ireland, and has in relation to such exploitation a valid licence from the Associated Society entitled to grant that licence in relation to the relevant territory or territories, this clause 16 does not operate so as to override the terms of that licence.
Controlled Composition Agreements. Where any person, firm or company is or becomes a member of either of the Licensors or an Associated Society and that party itself or that party’s predecessor in title or grantor has a current contract with the Licensee or the Licensee’s predecessor in title or grantor:
(a) to the extent that such contract would otherwise apply in relation to the grant of any or all of the licences referred to in this Agreement and/or the terms and conditions on which such licences are granted, the terms and conditions of this Agreement shall during the subsistence of this Agreement replace the terms and conditions of that contract; and
(b) upon the written request of the Licensee the relevant Licensor will provide the Licensee with evidence that the relevant Member has become a Member and has given the relevant Licensor or the relevant Associated Society authority to bind the Member as regards this Agreement. This clause does not prevent the Licensee from obtaining a licence only in relation to the rights referred to in clause 2.1 from the relevant party owning or controlling such rights where such licence is validly obtained whether before or after the Commencement Date but other than as a result of a contract with an individual composer or recording group. For the avoidance of doubt, where the Licensee is exploiting the relevant rights outside the United Kingdom, and has in relation to such exploitation a valid licence from the Associated Society entitled to grant that licence in relation to the relevant territory or territories, this clause 15 does not operate so as to override the terms of that licence.