These Terms and Conditions create a contract between you and Alcyone Records.
Please read carefully to make sure that you fully understand, accept and agree with all the above Terms and Conditions of this Agreement.
ALCYONE’S RECORDS SERVICES TERMS & CONDITIONS
This is an Exclusive Music License Agreement, (hereinafter referred to as the “Agreement”) executed and effective on the day that you “the artist” place your order through our “Alcyone Records” online platform. This agreement shall be binding between: (1) Alcyone Records (hereinafter referred to as the “Company” which expression shall include its successors and assigns) and (2) The legal representative of the original music work that is uploaded by you on our company’s platform (hereinafter referred to as the “Artist”)
1. PURPOSE OF AGREEMENT
a) The company specializes in the professional release of an album, including, but not limited to manufacturing, distribution, promotion, exploitation, and synchronization of original compositions through publishing services.
b) The company has the contacts, expertise and the ability to assist and expand artist’s career
c) Artist desires to give the company permission to publish, use, manufacture, distribute and promote his/her (their) original musical work worldwide. It is therefore agreed as follows:
The effective date of this agreement shall commence with its execution by all of the parties for the period of twenty-four (24) months, from the date of the release of the production. Any additional term shall be exercised on or before the date of expiration of this agreement.
3. TERRITORY Territory shall mean the world.
a) Company agrees to manufacture, release, distribute, promote, advertise and publish the original music work that the artist will submit through Alcyone Records online platform.
b) Artist shall upload to company’s online platform, one master recording consisting of songs written and performed by the Artist. The master recording shall be produced of good quality for commercial distribution, and it shall be in wav. Format.
c) In addition, the artist shall upload to the company’s online platform the full artwork that he/she desires to appear in his/her physical product. The artwork must be 3000 x 3000 pixels, at 300DPI and jpg or png format.
d) Artist shall upload to company’s online platform all the lyrics of his/her music work in pdf or doc format.
e) Company and artist shall be jointly responsible for all decisions regarding the artistic content of this particular album release.
f) Company and artist agree to perform their obligations under this Agreement, in all respects, in good faith.
5. WARRANTIES Artist warrants, agrees, represents and undertakes that:
a) Artist is and will remain entitled to enter into this Agreement and is at least 18 years old.
b) If the Artist is more than one person, has the right and authority to enter into this Agreement on behalf of such a group.
c) Artist is the sole, exclusive owner of all Master recordings delivered under this Agreement. All compositions concerning this Agreement are new and original (included titles, music and lyrics) and were written and composed by the artist.
d) All Compositions included in this Agreement shall be new and previously unreleased music works, which are wholly written and/or composed by the Artist.
e) None of the titles embodied in any of the material hereunder shall infringe or give rise to any claim of infringement of the copyright or any other rights (included but not limited to moral rights, performer’s rights, trademark, publicity rights, common law rights, invasion of privacy) of any third party nor be illegal, criminally obscene nor defamatory of any person, firm or company.
f) Artist is not bound by any other agreement with any third party (such as record company, publisher) that shall harm, conflict or affect the terms of this Agreement and any rights granted, licensed or assigned to Company.
g) Company shall have the right and license to use and publish Artist’s Name and any other material related to artists’ career (such as photographs, biographical material, artwork, press kit). The Company also has the right and license to permit others to use and publish such material.
h) Artist shall have the right to approve any requests and material made by the Company for the exploitation of his/her (their) career.
i) If the Artist desires to make use of his/her (their) material with any third party, then he/she has to inform the Company prior to such an arrangement.
j) Company warranties that will use its best efforts to deliver, license, market, distribute, sell and promote Artist’s material (physical and digital) in the best way possible for the duration of this Agreement.
k) Company and its licensees have the unlimited right to authorize and permit others to manufacture records, CD’s, to broadcast, perform publicly, sell, transfer, deal in, exploit, authorize copyright arrangement related to exploitation of the work and collect all income arising from such arrangements.
6. OWNERSHIP AND PUBLISHING
a) For the purposes of furthering Artist’s career, Company shall and will act as the exclusive publisher of Artist’s original compositions, titles, words, and music worldwide.
b) Artist agrees to transfer and assign all composition copyrights to Company for exploitation and synchronization of his/her (their) career in film, TV, video games and advertising for the duration of this Agreement which is twenty-four (24) months.
c) Company shall collect any and all income arising from publishing activity and will split it equally 50/50 between the two parties after all relevant tax deductions.
d) Company shall have the right to sub- license and authorize other publishers, agents and representatives worldwide to exercise and explore potential opportunities for the Artist.
e) Artist is solely responsible for becoming a member and registering his/her work with local or foreign performing right society such as AEPI/PRS/GEMA as soon as this Agreement signed. If the artist failed to do so then, Company shall make those registrations on behalf of the Artist and will act as its Administrator. In such a case, Company will be entitled to collect the full amount of the performing fees that shall deliver to the Artist every twelve (12) months. The Artist will pay all registration fees, and if at any case Company will pay such fees then such amount will be recoupable. Company shall not incur any liability as a result of the Artist’s failure to join the relevant collection society.
f) Company shall not grant or hold rights that are greater than the rights granted under this Agreement. All copyrights of recordings (“Master”) are reserved to Artist. Upon expiry of the rights period, all rights in the compositions shall forthwith revert to the Artist unless the Artist desires to extend the period of this Agreement.
g) Artist shall indemnify, defend and hold Company harmless from and against any and all costs, losses, damages, liabilities, and expenses arising out of any actions, claims, demands, suits or proceedings of any kind from any third party claim relating to:
A. Any claim for royalties and/or infringement of copyright, trademark or other intellectual property rights
B. Breach of Artist’s duties and or warranties under this Agreement
C. Any third party claims arising out of Artist’s conduct or representations under this Agreement In the event that a third party infringement claim is brought, Company shall have no obligation hereunder to defend or protect Artist’s copyright interests.
a) All royalties and any income shall be received from the use and/or exploitation of compositions will be equally split between Company (50%) and Artist (50%)
b) Artist shall receive the 50% of the PPD (Price per Dealer rate) of all digital and physical sales made by the Company.
c) All sums payable hereunder shall be subject to the deduction or withholding of all taxes required to be deducted or withheld under the laws of any country or territory.
d) No royalties shall be payable to Artist, in respect of records distributed by the Company or its licensees for promotional purposes.
e) The Company shall prepare royalty statements at 31st of December of each year with a sixty (60) day cure period, and shall show all royalties and any other income collected by the Company. Such statements shall specify the source of all such income and all amounts to be due. All sales reports and statements shall be visible to the artist’s personal account through the company’s online platform under the section sales reports.
f) Once a year Company shall permit to an authorized, independent local accountant who shall be the Artist’s representative to audit the relevant parts of all royalty accounts and statements of the Company insofar related to this Agreement’s compositions. Any such audit will be subject of a prior appointment and shall take place during regular business hours in the Company’s principal offices and shall be at the sole expense of the Artist.
g) All documents and information made available by the Company for inspection may contain confidential commercial information and Artist agrees that neither the Artist nor his/her representatives shall use or expose or publish such information to any third party.
h) If any such audit shows a discrepancy, then the Company shall reimburse the Artist the cost of such inspection.
8. EARLY TERMINATION
Both parties will be entitled to terminate this Agreement by giving written notice within sixty (60) days, which shall be posted recorded by Hellenic Post Services or other post services, explaining the situation that materially breaches this Agreement. If such a breach is capable of remedy, then the party who is responsible for remedy has ninety (90) days, from the date of service of such notice, to cure that remedy.
This Agreement is constructed under and is according to the laws of Greece. Any and all matters arising therefrom shall be subject to the jurisdiction of the courts of Thessaloniki, Greece.
Sales statements will be available online through Alcyone’s Records online platform and artist shall be able to request a withdraw of his/her money through his/her personal account under the section sales reports. Any such amount shall be available by the end of each year.
11. LEGAL ADVICE
Artist acknowledges that Company has advised Artist to take independent legal advice from a lawyer that is specialized in the music business before entering this Agreement. This Agreement shall be binding and fully effective upon the respective parties hereto and represents the entire understanding of this Agreement between the parties.
Last updated: October 20, 2018 Artist represented by: