Controlled Compositions. If any selection or musical composition, or any portion thereof, recorded in the Masters hereunder is written or composed by Producer, in whole or in part, alone or in collaboration with others, or is owned or controlled, in whole or in part, directly or indirectly, by Producer or any person, firm, or corporation in which Producer has a direct or indirect interest, then such selection and/or musical composition shall be hereinafter referred to as a "Controlled Composition". Producer hereby agrees to issue or cause to be issued, as applicable, to Artist, or Artist's designees, mechanical licenses (including, without limitation, any "first use" mechanical licenses) and other licenses in respect of each Controlled Composition subject to the same terms and conditions as are applicable to selections and musical compositions written, composed, owned, or controlled, in whole or in part, directly or indirectly, by Artist, which are embodied on the Master or any recording recorded under this agreement. For that license, on the United States and Canada sales, Artist will pay mechanical royalties at one hundred percent (100%) of the minimum statutory rate, subject to no cap of that rate for albums and/or EPs. For license outside the United States and Canada, the mechanical royalty rate will be the rate prevailing on an industry-wide basis in the country concerned on the date that this agreement has been entered into. Producer hereby grants Artist a license to reproduce Controlled Compositions that are embodied on the Master produced hereunder in synchronization with and in time relation to visual images featuring Artist's performances in so-called promotional "video programs", on a royalty-free basis and in so-called commercial "video programs", in being understood that Producer shall be entitled to Producer's pro-rata share of any royalties attributable to such commercial "video programs". Upon Artist's request Producer shall execute or cause Producer's publishing designee to execute and deliver to Artist, as applicable, all documents required by Artist, as applicable, to effectuate the purpose of this paragraph.
Controlled Compositions. (a) Producer represents and warrants that each Controlled Composition (as defined below) is original and does not infringe upon or violate the rights of any other person and that Producer has the full and unencumbered right, power and authority to grant to Company all of the rights herein granted to Company. Producer hereby indemnifies Company against any loss, damage or expense (including reasonable attorneys' fees) in respect of any third party claims, demands, liens or encumbrances.
Controlled Compositions. If a ny selection or m usica l com p osition, or a ny p ortion thereof, record ed in the Ma sters hereund er is written or com p osed b y Prod ucer, in whole or in p a rt, a lone or in colla bora tion with others, or is owned or controlled , in whole or in p a rt, d irectly or ind irectly, b y Prod ucer or a ny p erson, firm , or corp ora tion in which Prod ucer ha s a d irect or ind irect interest, then such selection a nd / or m usica l com p osition shall b e hereina fter referred to a s a "Controlled Com p osition". Prod ucer hereb y a g xxxx to issue or ca use to b e issued , a s a p p lica b le, to Artist, or Artist's d esig xxxx, m echa nica l licenses ( includ ing , without lim ita tion, a ny "first use" m echa nica l licenses) a nd other licenses in resp ect of ea ch Controlled Com p osition subject to the sa m e term s a nd cond itions a s a re a p p lica ble to selections a nd m usica l com p ositions written, com p osed , owned , or controlled , in whole or in p a rt, d irectly or ind irectly, b y Artist, which a re em b od ied on the Ma ster or a ny record ing record ed und er this a g reem ent. For tha t lic ense, on the United States a nd Ca na d a sales, Artist will p ay m echa nical roya lties a t one hund red p ercent ( 100%) of the m inim um sta tutory ra te, subject to no ca p of tha t ra te for a lb um s a nd / or EPs. For license outsid e the United Sta tes a nd Ca na da , the m echa nica l roya lty ra te will b e the ra te p xxxx iling on a n ind ustry- wid e b a sis in the country concerned on the d a te tha t this a g reem ent ha s b een entered into. Prod ucer hereb y g ra nts Artist a license to rep rod uce Controlled Com p ositions tha t a re em b od ied on the Ma ster x xxx uced hereund er in synchronization with a nd in xxx e rela tion to visual im a g es fea turing Artist's p erform a nces in so- ca lled p rom otiona l "vid eo p xxx xx m s", on a roya lty- free b a sis a nd in so- ca lled com m ercia l "vid eo p xxx xx m s", in b eing und erstood tha t Prod ucer shall b e entitled to Prod ucer's p ro- ra ta share of a ny roya lties a ttrib utable to such com m ercia l "vid eo p xxx xx m s". Up on Artist's req uest Prod ucer shall execute or ca use Prod ucer's p ub lishing d esig nee to execute a nd d eliver to Artist, a s a p p lica b le, a ll d ocum ents req uired b y Artist, as a p p lica b le, to effectua te the p urp ose of this p a ra g ra p h.
Controlled Compositions
