BMI Music Publisher contract:

This is a text only copy of the original Contract:

http://www.metrolyrics.com/regardless-devon-victory-lyrics.html 

http://www.bmi.com

 - Insider info - this is super insider info-

Broadcast Music Inc, 320 West 57 Street, New York, NY, 10019-3790

 Contract sign date:

Date: September 01, 2007

 

Harry Devon Johnson

1728 Keturah Dr

Dayton, OH 45418

 

Dear Harry Devon Johnson

 

The following shall constitute the agreement between us:

 

1. As used in this agreement:

(a) The word "Period" shall mean the term from April 01, 2007 to September 30, 2009 and continuing thereafter

for additional terms of two (2) years each unless terminated by either party at the end of said initial term or any

additional term, upon notice sent by registered, certified or Express mail, or other sending method that requires

that the date that the item is sent be recorded by the courier (e.g., overnight mail or messenger service), not more

than six (6) months or less than three (3) months prior to the end of any such term.

(b) The words "Work" or "Works" shall mean:

(i) All musical compositions (including the musical segments and individual compositions written for a

dramatic or dramaticomusical work) composed by you alone or with one or more cowriters during the Period; and

(ii) All musical compositions (including the musical segments and individual compositions written for a

dramatic or dramaticomusical work) composed by you alone or with one or more cowriters prior to the Period, except

those in which there is an outstanding grant of the right of public performance to a person other than a publisher affiliated

with BMI.

2. You agree that:

(a) Within ten (10) days after the execution of this agreement you will furnish to us a completed work registration

form available in blank from us with respect to each Work heretofore composed by you which has been published in

printed copies or recorded commercially or synchronized commercially with film or tape or which is being currently

performed or which you consider as likely to be performed.

(b) In each instance that a Work for which a work registration form has not been submitted to us pursuant to

subparagraph 2(a) is published in printed copies or recorded commercially or in synchronization with film or tape or is

considered by you as likely to be performed, whether such Work is composed prior to the execution of this agreement or

hereafter during the Period, you will promptly furnish to us a completed work registration form with respect to each such

Work.

(c) If requested by us in writing, you will promptly furnish to us (i) a legible lead sheet or other written or printed

copy of a Work, (ii) if such Work has been or shall be synchronized with or otherwise used in connection with a motion

picture or television film or tape, a cue sheet showing the title, writers, publishers and nature and duration of the use of

the Work in such film or tape, (iii) a copy of a commercial recording of the Work and (iv) a copy of your agreement with

the publisher of the Work.

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3. The submission of each work registration form pursuant to paragraph 2 shall constitute a warranty and

representation by you that all of the information contained thereon is true and correct and that no performing rights in

such Work have been granted to or reserved by others except as specifically set forth therein in connection with Works

heretofore written or cowritten by you.

4. Except as otherwise provided herein, you hereby grant to us for the Period:

(a) All the rights that you own or acquire publicly to perform, and to license others to perform, anywhere in the

world, in any and all places and in any and all media, now known or which hereafter may be developed, any part or all of

the Works.

(b) The nonexclusive right to record, and to license others to record, any part or all of any of the Works on

electrical transcriptions, wire, tape, film or otherwise, but only for the purpose of performing such Work publicly by

means of radio and television or for archive or audition purposes. This right does not include recording for the purpose of

sale to the public or for the purpose of synchronization (i) with motion pictures intended primarily for theatrical exhibition

or (ii) with programs distributed by means of syndication to broadcasting stations, cable systems or other similar

distribution outlets.

(c) The nonexclusive right to adapt or arrange any part or all of any of the Works for performance purposes, and

to license others to do so.

5. Notwithstanding the provisions of subparagraph 4(a):

(a) The rights granted to us by subparagraph 4(a) shall not include the right to perform or license the performance

of more than one song or aria from a dramatic or dramaticomusical work which is an opera, operetta or musical show or

more than five (5) minutes from a dramatic or dramaticomusical work which is a ballet, if such performance is

accompanied by the dramatic action, costumes or scenery of that dramatic or dramaticomusical work.

(b) You, together with all the publishers and your cowriters, if any, shall have the right jointly, by written notice

to us, to exclude from the grant made by subparagraph 4(a) performances of Works comprising more than thirty (30)

minutes of a dramatic or dramaticomusical work, but this right shall not apply to such performances from (i) a score

originally written for or performed as part of a theatrical or television film, (ii) a score originally written for or performed

as part of a radio or television program, or (iii) the original cast, soundtrack or similar album of a dramatic or

dramaticomusical work.

(c) You, the publishers and/or your cowriters, if any, retain the right to issue nonexclusive licenses for

performances of a Work or Works in the United States, its territories and possessions (other than to another performing

rights licensing organization), provided that within ten (10) days of the issuance of such license or within three (3) months

of the performance of the Work or Works so licensed, whichever is earlier, we are given written notice thereof and a copy

of the license is supplied to us.

6. (a) As full consideration for all rights granted to us hereunder and as security therefor, we agree to pay to you,

with respect to each of the Works in which we obtain and retain performing rights during the Period:

(i) For radio and television performances of a Work in the United States, its territories and possessions,

amounts calculated pursuant to our then current standard practices upon the basis of the then current performance

rates generally paid by us to our affiliated writers for similar performances of similar compositions. The number of

performances for which you shall be entitled to payment shall be estimated by us in accordance with our then current

system of computing the number of such performances.

You acknowledge that we license performances of the Works of our affiliates by means other than on radio and

television, but that unless and until such time as methods are adopted for tabulation of such performances, payment will

be based solely on performances in those media and locations then currently surveyed. In the event that during the

 

W800 305 Page 2 of 8

 


 

Period we shall establish a system of separate payment for performances by means other than radio and television, we

shall pay you upon the basis of the then current performance rates generally paid by us to our other affiliated writers for

similar performances of similar compositions.

shall pay you upon the basis of the then current performance rates generally paid by us to our other affiliated writers for

similar performances of similar compositions.

 

(ii) In the case of a Work composed by you with one or more cowriters, the sum payable to you

hereunder shall be a pro rata share, determined on the basis of the number of cowriters, unless you shall have transmitted

to us a copy of an agreement between you and your cowriters providing for a different division of payment.

(iii) Monies received by us from any performing rights licensing organization outside of the United

States, its territories and possessions, which are designated by such performing rights licensing organization as the

author's share of foreign performance royalties earned by your Works after the deduction of our then current handling

charge applicable to our affiliated writers and in accordance with our then current standard practices of payment for such

performances.

(b) Notwithstanding the provisions of subparagraph 6(a), we shall have no obligation to make payment hereunder

with respect to (i) any performance of a Work which occurs prior to the date on which we have received from you all of

the information and material with respect to such Work which is referred to in paragraphs 2 and 3, or (ii) any performance

of a Work as to which a direct license as described in subparagraph 5(c) has been granted by you, your cowriters, if any,

or the publishers, or (iii) any performance for which no license fee shall be collected by us, or (iv) any performance of a

Work which you claim was either omitted from or miscalculated on a royalty statement and for which we shall not have

received written notice from you of such claimed omission or miscalculation within nine (9) months of the date of the

royalty distribution seeking to be adjusted.

7. In accordance with our then current standard practices, we will furnish periodic statements to you during each year

of the Period showing the monies due pursuant to subparagraph 6(a). Each such statement shall be accompanied by

payment of the sum thereby shown to be due you, subject to all proper deductions, if any, for taxes, advances or amounts

due BMI from you.

8. (a) Nothing in this agreement requires us to continue to license the Works subsequent to the termination of this

agreement. In the event that we continue to license your interest in any Work, however, we shall continue to make

payments to you for such Work for so long as you do not make or purport to make directly or indirectly any grant of

performing rights in such Work to any other licensing organization. The amounts of such payments shall be calculated

pursuant to our then current standard practices upon the basis of the then current performance rates generally paid by us to

our affiliated writers for similar performances of similar compositions. You agree to notify us by registered or certified

mail of any grant or purported grant by you directly or indirectly of performing rights to any other performing rights

organization within ten (10) days from the making of such grant or purported grant and if you fail so to inform us thereof

and we make payments to you for any period after the making of any such grant or purported grant, you agree to repay to

us all amounts so paid by us promptly with or without demand by us. In addition, if we inquire of you by registered or

certified mail, addressed to your last known address, whether you have made any such grant or purported grant and you

fail to confirm to us by registered or certified mail within thirty (30) days of the mailing of such inquiry that you have not

made any such grant or purported grant, we may, from and after such date, discontinue making any payments to you.

(b) Our obligation to continue payment to you after the termination of this agreement for performances outside of

the United States, its territories and possessions, of Works which BMI continues to license after such termination shall be

dependent upon our receipt in the United States of payments designated by foreign performing rights organizations as

your share of foreign performance royalties earned by your Works. Payment of such foreign royalties shall be subject to

deduction of our then current handling charge applicable to our affiliated writers and shall be in accordance with our then

current standard practices of payment for such performances.

9. In the event that we have reason to believe that you will receive, are entitled to receive, or are receiving payment from

a performing rights licensing organization other than BMI for or based on United States performances of one or more of

your Works during a period when such Works were licensed by us pursuant to this agreement, we shall have the right to

withhold payment for such performances from you until receipt of evidence satisfactory to us that you were not or

W800 305 Page 3 of 8

 


 

will not be so paid by such other organization. In the event that you were or will be so paid or do not supply such evidence

within twelve (12) months from the date of our request therefor, we shall be under no obligation to make any payment to

you for performances of such Works during such period.

within twelve (12) months from the date of our request therefor, we shall be under no obligation to make any payment to

you for performances of such Works during such period.

 

10. (a) In the event that this agreement shall terminate at a time when, after crediting all earnings reflected by

statements rendered to you prior to the effective date of such termination, there remains an unearned balance of advances

paid to you by us or any other indebtedness owed to BMI by you, such termination shall not be effective until the close of

the calendar quarterly period during which (i) you shall repay such unearned balance of advances or indebtedness, or (ii)

you shall notify us by registered or certified mail that you have received a statement rendered by us at our normal

accounting time showing that such unearned balance of advances or indebtedness has been fully recouped by us.

(b) The termination of this agreement shall be deemed subject to any rights or obligations existing between BMI

and its licensees under licenses then in effect. As a result thereof, notwithstanding such termination, BMI shall have the

right to continue to license all of your Works in all places and in all media with respect to which such licenses exist as of

the date of termination, until such licenses expire.

11. Notwithstanding the termination of this agreement, all of the terms and conditions of this agreement shall

continue to apply subsequent to such termination with respect to any Works which may continue to be licensed by BMI

and any monies payable to you by BMI pursuant to the provisions of this agreement.

12. (a) You warrant and represent that you have the right to enter into this agreement; that you are not bound by any

prior commitments which conflict with your commitments hereunder; that each of the Works, composed by you alone or

with one or more cowriters, is original; and that the exercise of the rights granted by you herein will not constitute an

infringement of copyright or violation of any other right of, or unfair competition with, any person, firm or corporation.

You agree to indemnify and hold harmless us, our licensees, the advertisers of our licensees and their respective agents,

servants and employees from and against any and all loss or damage resulting from any claim of whatever nature arising

from or in connection with the exercise of any of the rights granted by you in this agreement.

(b) Upon notification to us or any of the other parties herein indemnified of a claim with respect to any of the

Works, we shall have the right to withhold payment of all sums which become due pursuant to this agreement or any

modification thereof and/or to exclude such Work from this agreement until receipt of satisfactory written evidence that

such claim has been withdrawn, settled or adjudicated.

13. (a) We shall have the right, upon written notice to you, to exclude from this agreement, at any time, any Work

which in our opinion is similar to a previously existing composition and might constitute a copyright infringement, or has

a title or music or lyric similar to that of a previously existing composition and might lead to a claim of unfair

competition.

(b) In the case of Works which in our opinion are based on compositions in the public domain, we shall have the

right, upon written notice to you, either (i) to exclude any such Work from this agreement, or (ii) to classify any such

Work as entitled to receive only a fraction of the full credit that would otherwise be given for performances thereof.

(c) In the event that any Work is excluded from this agreement pursuant to subparagraph 12(b) or subparagraph

13 (a) or (b), all rights in such Work shall automatically revert to you ten (10) days after the date of our notice to you of

such exclusion. In the event that a Work is classified for less than full credit under subparagraph 13 (b)(ii), you shall have

the right, by giving notice to us, within ten (10) days after the date of our notice advising you of the credit allocated to the

Work, to terminate our rights therein, and all rights in such Work shall thereupon revert to you.

14. In each instance that you write, or are employed or commissioned by a motion picture producer to write, during the

Period, all or part of the score of a motion picture intended primarily for exhibition in theaters, or by the producer of a

musical show or revue for the legitimate stage to write, during the Period, all or part of the musical compositions

contained therein, we agree, on request, to advise the producer of the film that such part of the score as is written by you

may be performed as part of the exhibition of said film in theaters in the United States, its territories and possessions,

W800 305 Page 4 of 8

 


 

without compensation to us, or to the producer of the musical show or revue that your compositions embodied therein

may be performed on the stage with living artists as part of such musical show or revue, without compensation to us. In

the event that we notify you that we have established a system for the collection of royalties for performance of the scores

of motion picture films in theaters in the United States, its territories and possessions, we shall no longer be obligated to

take such action with respect to motion picture scores.

may be performed on the stage with living artists as part of such musical show or revue, without compensation to us. In

the event that we notify you that we have established a system for the collection of royalties for performance of the scores

of motion picture films in theaters in the United States, its territories and possessions, we shall no longer be obligated to

take such action with respect to motion picture scores.

 

15. You make, constitute and appoint us, or our nominee, your true and lawful attorney, irrevocably during the

Period, in our name or that of our nominee, or in your name, or otherwise, in our sole judgment, to do all acts, take all

proceedings, execute, acknowledge and deliver any and all instruments, papers, documents, process or pleadings that, in

our sole judgment, may be necessary, proper or expedient to restrain infringement of and/or to enforce and protect the

rights granted by you hereunder, and to recover damages in respect to or for the infringement or other violation of said

rights, and in our sole judgment to join you and/or others in whose names the copyrights to any of the Works may stand;

to discontinue, compromise or refer to arbitration, any such actions or proceedings or to make any other disposition of the

disputes in relation to the Works, provided that any action or proceeding commenced by us pursuant to the provisions of

this paragraph shall be at our sole expense and for our sole benefit. Notwithstanding the foregoing, nothing in this

paragraph 15 requires us to take any proceeding or other action against any person, firm, partnership or other entity or any

writer or publisher, whether or not affiliated with us, who you claim may be infringing your Works or otherwise violating

the rights granted by you hereunder. In addition, you understand and agree that the licensing by us of any musical

compositions which you claim may be infringing your Works or otherwise violating the rights granted by you hereunder,

shall not constitute an infringement of your Works on our part.

16. BMI shall have the right, in its sole discretion, to terminate this agreement on at least thirty (30) days' notice by

registered or certified mail if you, your agents, employees or representatives, directly or indirectly, solicit or accept

payment from writers for composing music for lyrics or writing lyrics to music or for reviewing, publishing, promoting,

recording or rendering other services connected with the exploitation of any composition, or permit use of your name or

your affiliation with us in connection with any of the foregoing. In the event of such termination no payments shall be due

to you pursuant to paragraph 8.

17. No monies due or to become due to you shall be assignable, whether by way of assignment, sale or power granted

to an attorneyinfact, without our prior written consent. If any assignment of such monies is made by you without such

prior written consent, no rights of any kind against us will be acquired by the assignee, purchaser or attorneyinfact.

18. In the event that during the Period (a) mail addressed to you at the last address furnished by you pursuant to

paragraph 22 shall be returned by the post office, or (b) monies shall not have been earned by you pursuant to paragraph 6

for a period of two consecutive years or more, or (c) you shall die, BMI shall have the right to terminate this agreement on

at least thirty (30) days' notice by registered or certified mail, electronic mail (“e-mail”) or facsimile number addressed to

the last postal or electronic address or transmitted to the last facsimile number furnished by you pursuant to paragraph 22

and, in the case of your death, to the representative of your estate, if known to BMI. If you failed to maintain a current

address with BMI and BMI has made reasonable good-faith efforts in attempting to locate you without success, BMI shall

have the right to terminate this agreement pursuant to this paragraph by regular first-class U.S. mail, in lieu of the means

otherwise specified. In the event of such termination no payments shall be due to you pursuant to paragraph 8.

19. You acknowledge that the rights obtained by you pursuant to this agreement constitute rights to payment of

money and that during the Period we shall hold title to the performing rights granted to us hereunder. In the event that

during the Period you shall file a petition in bankruptcy, such a petition shall be filed against you, you shall make an

assignment for the benefit of creditors, you shall consent to the appointment of a receiver or trustee for all or part of your

property, or you shall institute or shall have instituted against you any other insolvency proceeding under the United

States bankruptcy laws or any other applicable law, we shall retain title to the performing rights in all Works the rights to

which are granted to us hereunder and shall subrogate your trustee in bankruptcy or receiver and any subsequent

purchasers from them to your right to payment of money for said Works in accordance with the terms and conditions of

this agreement.

W800 305 Page 5 of 8

 20. (a) You hereby authorize us to negotiate for and collect royalties or monies to which you may become entitled as

a writer pursuant to the Audio Home Recording Act of 1992 and/or any amendments thereto or substitutions therefor and,

to the extent possible, collect for and distribute to you royalties arising from or as compensation for home recording in

countries outside the United States, its territories and possessions. This authorization with respect to royalties and monies

under the Audio Home Recording Act of 1992 may be revoked by you at the end of any calendar year on prior written

notice by you to us by registered or certified mail. Such revocation shall be effective beginning with the calendar year

subsequent to the time of notice and shall in no way affect the Period of this agreement with respect to any of the other

rights granted to BMI by you hereunder.

(b) We agree to distribute to you royalties and monies collected by us pursuant to the authorization granted in

subparagraph 20(a), pursuant to our then prevailing practices, including deduction of our expenses therefor.

21. All disputes of any kind, nature or description arising in connection with the terms and conditions of this

agreement shall be submitted to the American Arbitration Association in New York, New York, for arbitration under its

then prevailing rules, the arbitrator(s) to be selected as follows: Each of us shall, by written notice to the other, have the

right to appoint one arbitrator. If, within ten (10) days following the giving of such notice by one of us, the other shall not,

by written notice, appoint another arbitrator, the first arbitrator shall be the sole arbitrator. If two arbitrators are so

appointed, they shall appoint a third arbitrator. If ten (10) days elapse after the appointment of the second arbitrator and

the two arbitrators are unable to agree upon the third arbitrator, then either of us may, in writing, request the American

Arbitration Association to appoint the third arbitrator. The award made in the arbitration shall be binding and conclusive

on both of us and shall include the fixing of the costs, expenses and reasonable attorneys' fees of arbitration, which shall

be borne by the unsuccessful party. Judgment may be entered in New York State Supreme Court or any other court

having jurisdiction.

22. You agree to notify our Department of Writer/Publisher Administration promptly in writing of any change in

your postal or electronic (“e-mail”) address, or facsimile number. Any notice sent to you pursuant to the terms of this

agreement shall be valid if addressed to you at the last postal or electronic address or facsimile number so furnished by

you.

23. This agreement shall be subject to BMI’s standard practices and procedures which are in effect as of the effective

date of this agreement and as they may be modified and/or supplemented from time to time.

24. You acknowledge that the relationship between you and us which is created by this agreement is one of ordinary

contracting parties and is not intended to be a fiduciary relationship with respect to any of the rights or obligations

hereunder.

25. You authorize the inclusion of your name, likeness and biographical information in publicly distributed material

relating to your association with us.

26. This agreement constitutes the entire agreement between you and us, cannot be changed except in a writing

signed by you and us and shall be governed and construed pursuant to the laws of the State of New York.

27. In the event that any part or parts of this agreement are found to be void by a court of competent jurisdiction, the

remaining part or parts shall nevertheless be binding with the same force and effect as if the void part or parts were

deleted from this agreement.

28. Any prior agreements, as modified, between you and us are canceled and superseded as of the effective date of

this agreement. All works that were embraced by any prior agreement between you and us and in which no other

licensing organization controls your performing right interest shall be deemed embraced by this agreement. Any unearned

balance of advances previously paid to you by us or unpaid indebtedness owed to us by you shall be deemed to be

recoupable by us from any monies which become payable to you pursuant to this agreement and any extensions, renewals

or modifications.

W800 305 Page 6 of 8

 


 

Very truly yours,

 

BROADCAST MUSIC, INC

(SEE NEXT PAGE FOR SIGNATURE OF BMI) .

 

 

ACCEPTED AND AGREED TO:

 

HARRY DEVON JOHNSON

03990BC0FBC8CD68665BFE47946060882150CB0E

 

(Digital Signature of Affiliate/Certificate Thumbprint)

 

Harry Devon Johnson

 

(Name of Affiliate)

 

THE FOLLOWING INFORMATION IS REQUIRED FOR ALL SONGWRITERS/COMPOSERS UNDER THE AGE

OF 18.

(text)

(text)

 

 

(Digital Signature of Parent/Legal Guardian/Certificate Thumbprint)

(text)

 

 

(Name of Parent/Legal Guardian)

(text)

 

 

(Social Security Number of Parent/Legal Guardian)

 

W800 305 Page 7 of 8

(Unsigned signature field (Click to sign)) Signature field is unsigned

(Validity is unknown) Signed by HARRY DEVON JOHNSON Time: 2007.09.01 14:50:40 Z Reason: BMI Affiliation Location: BMI Nashville

 

 


 

AGREEMENT DATED September 01, 2007BETWEEN BMI AND Harry Devon Johnson

September 01, 2007BETWEEN BMI AND Harry Devon Johnson

 

BROADCAST MUSIC, INC.

 

Charlie Feldman

 

75BAE726E19C45994B4001D1C967D2349620F207

 

(Digital Signature of BMI Vice President/Certificate Thumbprint)

 

Charlie Feldman

 

Vice President

 

SOCIAL SECURITY #

BMI ACCOUNT # 1105896

 

W800 305 Page 8 of 8

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