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EXHIBIT 10.63
June 12, 1997
ARTIST AGREEMENT
The following confirms the terms of the agreement (the "Agreement") between DOVE
AUDIO, INC., 000 X. Xxxxx Xxxxx, Xxxxx #000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000
("Producer") and BAG Productions, Inc. ("Lender") f/s/o Xxxxx Xxxxxx Xxxxx
("Artist"), c/o Xxxxx Xxxxxxx, ICM, 0000 Xxxxxxxx Xxxx., Xxxxxxx Xxxxx, XX 00000
for Artist's services to perform concerning a reading of the Work entitled
"ELFIS" by Xxxx Xxxx ("Work") for audio recording. The Agreement contains the
following terms:
1. Lender hereby furnishes to Producer the services of Artist to
perform a reading of an abridged and/or unabridged version of the Work in
connection with the audio recording ("Recording") of the Work. Lender shall
cause Artist to render services in accordance with this Agreement and to comply
with all of the terms hereof, and Lender shall not permit Artist to violate any
provision of this Agreement insofar as they refer to Artist. Lender warrants it
has a valid, binding and subsisting written agreement with Artist under which
Artist is obligated to render Artist's services exclusively for Lender, and that
by the terms of such agreement between Lender and Artist, Lender has the right
to enter into this Agreement with Producer for the furnishing of Artist's
services to Producer hereunder and to grant to Producer any and all of the
services and rights herein set forth.
2. Producer hereby employs Artist through Lender to render Artist's
services to read the Work for audio recording. Producer shall notify Artist in
advance of the date(s) of the recording sessions, with such dates to be mutually
approved.
3. As full and complete consideration for any and all services
performed and rights granted to Producer by Lender or Artist hereunder, Producer
shall pay Lender the sum of Nine Hundred USD ($900.00) plus pension, health and
welfare to payments and any other payments required by the applicable AFTRA code
upon Artist's complete recording of the Work acceptable to Producer. For
purposes of payroll, Entertainment Partners will be considered the employee of
record.
4. Lender and Artist hereby agree that Producer shall pay directly to
Lender all of the compensation that would have been payable to Artist had Artist
rendered services directly to Producer in the first instance, and Producer shall
not be obligated to make any such payments of any nature whatsoever to Artist.
In no event shall Lender's failure to pay any amounts to Artist be deemed to
constitute a breach of this Agreement by Producer.
5. Artist's services hereunder shall be rendered as an employee of
Lender, and Lender hereby agrees that it will fully perform and discharge, and
that Producer shall have no responsibility or liability on account of, any
obligations of an employer with respect to Artist and
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Artist's services hereunder, including, but not limited to, the withholding
and/or payment of any sum required to be withheld and/or paid by such employer
to any governmental authority based on or resulting from the services rendered
by Artist hereunder or the compensation paid to Lender for such services,
including, without limitation, payroll taxes, and Lender agrees to and does
hereby indemnify and hold harmless Producer from and against such liability or
obligation.
6. Producer shall have the perpetual and exclusive right, throughout
the universe, to publish and distribute, and/or cause or authorize third parties
to publish and distribute, reproductions of the Recordings in the form of
phonograph records, audio cassettes, compact discs, or by any other method,
means or process of embodying and/or transmitting spoken words now known or
hereafter devised, for the full term of copyright, including renewals and
extensions. The format in which the Recording is to be produced and distributed,
the manner of distribution, the nature and extent of advertising and promotion,
prices and discount schedules and the packaging to be utilized shall be in
Producer's sole discretion. Nothing herein shall be deemed to obligate Producer
to use or otherwise exploit the Recording.
7. Lender hereby grants to Producer, exclusively and perpetually, all
present or hereafter existing rights of every kind or character whatsoever,
whether or not such rights are now known, recognized or contemplated, and the
complete unconditional and unencumbered title throughout the universe in and to
the results and proceeds of Artist's services and performances pursuant to this
Agreement and any and all material, writings, ideas, or dialogue composed,
submitted or interpolated by Artist in connection with the preparation or
production of the audio recording of the Work (the "Material"). All the
Material, and the copyright therein shall automatically become the property of
the Producer, which shall be the author thereof, it being agreed and
acknowledged that all of the Material is a work specially ordered or
commissioned for use as a part of the audio recording of the Work and
constitutes a work-made-for-hire within the meaning of the Copyright Laws of the
United States, or any similar laws throughout the world.
8. It is understood that Artist's services and the results and
proceeds of such services shall be rendered on a work-made-for-hire basis within
the meaning of the Copyright Laws of the United States, or any similar laws
throughout the world, and all now known or hereafter existing rights of every
kind, throughout the universe, in perpetuity and in all languages, for all now
known or hereafter existing uses and forms of the audio recording of the Work,
including without limitation all copyrights and renewals and extensions thereof,
shall be owned solely and exclusively by Producer, and the foregoing shall be a
full and complete assignment to Producer thereof.
9. Lender warrants that Artist is free to enter into this Agreement
and to perform in accordance with its terms; that no lien, claim or encumbrance
exists against the results or proceeds of Artist's services herein, and there
are no conflicts with the rights granted herein nor any interference with
Producer's full enjoyment thereof. Lender shall indemnify and hold harmless
Producer, its officers, directors, employees, licensees, distributors,
successors and assigns, from and against any cost, damage, liability, loss or
expense, including attorney's fees and costs, arising from or related to the
breach or alleged breach of the foregoing warranties.
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10. Producer shall have the right to use the name and likeness of, and
biographical information concerning Artist on the Recordings and the packaging
thereof, and any and all advertising, publicity and/or promotion relating
thereto.
11. Upon commencement of distribution, Producer shall provide Artist
with five (5) complimentary copies of the Recordings.
12. Artist shall not perform on other recordings of the text of the
Work, or any excerpts therefrom, without Producer's prior written approval, for
as long as the Recordings are in print and available for sale. Artist may
perform in motion pictures, television programs or any other dramatizations of
the Work.
13. This Agreement shall be binding upon, and inure to the benefit of,
the parties and their respective successors, assigns and/or licensees.
14. Lender and Artist agree that no default by Producer shall cause
Lender or Artist irreparable damages entitling Lender or Artist to an injunction
or other equitable relief; it being agreed that Lender and/or Artist shall be
entitled to seek only monetary damages, if any, for a default by Producer
hereunder.
15. Any controversy arising under any provision of this Agreement
shall be settled by arbitration in Los Angeles, California by the American
Arbitration Association under its rules as in effect on the date of delivery of
demand for arbitration. Any award resolved thereunder may be confirmed by the
Superior Court of the State of California, County of Los Angeles. Regardless of
its place of physical execution, it is being made under, and shall be
interpreted in accordance with the laws of the state of California applicable to
contracts wholly to be performed therein.
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16. If any provision of this Agreement, as applied to any party or to
any circumstance, shall be found to be void, invalid or unenforceable, the same
shall in no way affect any other provision of this Agreement, the application of
any such provision in any other circumstance, or the validity or enforceability
of this Agreement.
17. This Agreement contains the entire understanding of the parties
hereto, and may not be modified, nor shall any waiver be effective, unless in
writing and signed by all the parties hereto.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE
DAY AND YEAR FIRST ABOVE WRITTEN.
AGREED TO AND ACCEPTED BY:
BAG PRODUCTIONS, DOVE AUDIO, INC.
INC.
By : By:
Xxxxx Xxxxxx Xxxxx Xxxxxxx Xxxxx
Its: Its: President
Fed. ID #: 00-0000000
I AGREE TO ABIDE BY THE TERMS AND CONDITIONS
SET FORTH HEREIN:
Xxxxx Xxxxxx Xxxxx
