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Phonogram Representation Authorization Contract

FONOGRAM REPRESENTATION AUTHORIZATION CONTRACT

The persons listed below: [Full name] [ID or passport] hereinafter "THE OWNERS" and Arte Sonoro SAS with Nit number 901259995-4 hereinafter "THE REPRESENTATIVE", agree as follows:

Contract Object

THE OWNERS grant THE REPRESENTATIVE the right to negotiate and secure agreements for the audiovisual synchronization of the phonograms listed below: [Title of the phonogram] - [ISRC Number] - composition and/or authorship of [Composer's name] - [Album] [release date], both in its vocal version and its instrumental version.

Territory

This contract will apply globally.

Exclusivity

This contract is not exclusive, which means that THE OWNERS have the right to negotiate and make agreements for the audiovisual synchronization or any other negotiation of the song mentioned with other individuals or entities without the intervention of THE REPRESENTATIVE.

Duration

The term of this contract will be from the date of signature until either party notifies in writing, with at least 30 days' notice, the intention to terminate this agreement.

Compensation

THE REPRESENTATIVE will receive 25% of the total negotiation obtained by any audiovisual synchronization agreement reached. The remaining 75% will be considered as a new total, which will be divided equally between the authors and/or composers, and the owner or owners of the phonogram. Payments will be made after each successful negotiation, once THE REPRESENTATIVE receives the payment. All associated costs, such as currency exchange or legal withholdings, will be divided proportionally.

Obligations of THE OWNERS

THE OWNERS undertake to provide THE REPRESENTATIVE with all necessary information and documentation, as well as to respond to any request within a reasonable time. The following is the information and documentation that may be required:

  • Records of the musical work and the phonogram.
  • If there are more than two authors or composers, provide a composition split sheet.
  • In case there are more than two owners of the phonogram, provide a production split sheet.
  • Art cover of the tracks.
  • Audios in WAV format.
  • ISRC and ISWC codes.
  • Certificate of registration in a collective management society of works.
  • Provide the IPI number(s) of the composer(s).
  • The lyrics of the songs in a text file.

Warranties and Representations

THE OWNERS declare that at the signing of this contract they have not signed any representation agreement with an exclusivity clause with any other person, entity, publisher, record label, or other figure representing their catalog.

Notification of Exclusive Agreements

In case THE OWNERS decide to sign or reach an agreement that implies exclusivity, either about the musical work or the phonogram, with a publisher, record label, or other, they must immediately notify in writing to THE REPRESENTATIVE. If they do not, THE OWNERS assume all legal and economic responsibilities that may arise from conflicts or claims by other entities and/or people.

Credits

In case of synchronization, THE OWNERS will appear in the credits in the following way: [Specify the format of accreditation, for example: "Artist's name - Song Title (Record label name)"]. THE REPRESENTATIVE undertakes to do everything possible to ensure that this form of accreditation is complied with in any synchronization agreement made.

Obligations of THE REPRESENTATIVE

  • Keep the OWNER'S music in the catalog and present it whenever it matches a requirement or brief.
  • Always strive for the best negotiation in favor of the OWNER, considering that the rates of synchronization licenses are variable and depend on factors such as type of project, use, territory, media, time, and number of versions of the audiovisual piece.
  • Communicate with the OWNER every time a possible negotiation arises.
  • Present to the OWNER a detailed report of the negotiation once the payment has been made.

Payment and Distribution of Money

THE OWNERS designate [Full name] with citizen ID [ID number] to receive the money derived from the negotiations in the bank account [account number], who, in turn, commits to distribute the money among the other members according to the percentages established in annex 1 (Phonogram Split Sheet). THE OWNERS undertake to provide the necessary documents for the payment, such as a billing account, tax document (RUT), or any other document required by Colombian law for this type of transactions.

Confidentiality

Both parties agree to maintain the confidentiality of the financial and commercial information obtained during the term of this contract.

Indemnification Clause

THE OWNERS will assume any responsibility, including the assumption of any claim or compensation derived from any conflict related to copyright or intellectual property infringement.

Dispute Resolution and Applicable Law

Any dispute arising from this contract will be resolved under Colombian law.

Notification

Notifications under this contract must be made by email.

Electronic Signature

Electronic signatures will be accepted in this contract.

Early Termination

This contract may be terminated early by either party with a 30-day written notice, signed by all persons listed in the owners' list.