Artist agreement. Transfer of commercial rights
The Asociacion Sound Foundation Group with Tax Identification Number NIF G72726920,
registerd on the Spanish National Associations Registry under Section 1/Number
625797, and with registered address at c/ Granada 10, 41907, Sevilla, Spain, represented by
Christopher Regan, (the assignee), and The artist (the assignor)
Both having the legal capacity necessary to enter into this agreement
That the assignor is the author and owner of all rights pertaining to the musical composition
and related material (the work)
That the assignee is a Non-Profit Organisation registered in Spain whose purpose is to raise funds for charitable causes through the promotion and sale of original music and related products and services, that is interested in obtaining commercial rights to the work, under the conditions set out in this document.
That, given the above, both parties have decided to enter into an agreement for Transferal of Commercial Rights of the author, under the following
Object of the contract. By means of this agreement the assignor transfers to the assignee the rights to distribute the work, which include making available to the public copies in digital and physical format by means of sale or transfer through the digital platform soundoundationgroup.org (the platform). The transfer of rights from the assignor to the assignee to distribute the work is free of charge in the case of digital material and subject to a specific agreement between the parts for physical material.
Exclusivity. The assignor reserves the right to simultaneously distribute the work through whichever other channels and platforms it sees fit.
Duration. The contract period is for one year commencing on the date the work is uploaded by the assignee to the platform. At the end of the period the contract is renewed automatically for a similar period unless agreed otherwise by the Parties, or a decision is made by one or both of the parties to remove the work prematurely in which case 15 days’ notice will be given.
Revenue. Any revenue obtained through sales, donations or otherwise, related to the transfer of the work to the public through the platform during the contract period will be wholly received by the assignee. The assignee will subsequently transfer all profits made through sales, donations or otherwise, related to the transfer of the work to the public through the platform, to its associated charities at latest on closure of each financial year.
Operational process. The work will be made available to the assignee in digital format, MP3 or similar. Uploading to and removal from the platform of the work in digital format will be carried out by the assignee. The handling, storage and distribution of any related physical material will be subject to a specific agreement between the parties.
Territorial application. The territorial application of this contract is unlimited unless otherwise agreed upon by the Parties.
Delivery. The assignor will deliver to the assignee the work within a period of 10 days from the date of contract signing. In the event of such delivery not being verified within this period, the contract will be automatically terminated. The assignee will return any surplus material in physical format related to the work, to the assignor once the term of the assignment has ended and any related logistics costs have been covered by the assignor.
Guarantee of peaceful exercise and protection of transferred rights. The assignor responds to the assignee for the peaceful exercise of the rights that are assigned by means of this contract, stating that it has not entered into any commitments or encumbrances of any kind that violate the rights that are assigned to the assignee, in accordance with the stipulations in this contract. In this regard, the assignor is responsible to the assignee for all pecuniary charges that could be derived for him, in favour of third parties, due to actions, claims or conflicts arising from the breach of this contract by the assignor.
Breach of contract. Failure by the assignee to comply with any of the obligations stipulated in this contract will allow the assignor to request its resolution by means of a written notification. In case of resolution, the assignee must return to the assignor all available material support of the work
Guarantee. The assignor guarantees to the assignee the authorship and originality of the work, as well as the peaceful enjoyment of the rights and modalities assigned by means of this contract. In the event of claims, judicial or extrajudicial, from third parties, that prevent the assignee from peacefully exercising the rights assigned under this contract, the assignor will be liable to the assignee for all pecuniary charges that may arise.
Applicable legislation This contract will be governed and interpreted in accordance with the provisions of Spanish Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, as well as the provisions that develop it.
Submission to arbitration. Expressly waiving the exercise of any action before the courts and tribunals, the signatories expressly agree to institute, in due time, a private law arbitration, in accordance with current legislation, to resolve any doubts or disagreements that may arise between them as consequence of the interpretation or fulfilment of this contract.
Personal data. Both parties will comply, as far as each of them is concerned, with Regulation (EU) 2016/679 of the Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of this data, and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights and any other regulations in force or that in the future come to replace and /
or modify them.
Tax obligations. Each party assumes its own tax charges and obligations if any, relating to this contract, in application of current tax legislation.
Notification of the parties. Any official communication or notification between the parties to this contract will be made to the address indicated below.
a. For the assignor: at the e mail address given
b. For the assignee: at the address stated in the header of this contract, although it may be modified by means of a reliable notification sent to firstname.lastname@example.org
In the event that the person or address changes for the purposes of notifications, it must be communicated to the other party, understanding that communications are considered valid until the change has been duly notified