COMMERCIAL MUSIC LABEL AGREEMENT
This agreement will be valid from 08 May 2025 to 08 May 2029:
PARTIES:
1. Name: M/s First Call Distribution India having address at Village Mubarakpur, Nipaniya, Distt. Rampur, U.P., (if company, insert: incorporated in the India, having its place of business at Uttar Pradesh represented by its Proprietor Mr. Arun Kumar ) hereinafter referred to as the “Distributor”.
AND
2. Name: Mr. Vishesh Kumar S/O: Mr. Harpal Singh having address 183, Patwai, Niswi Ka Majhra, Rampur City, Rampur, Uttar Pradesh – 244901, India India OR [Insert the name of Label and office address, represented by its NK VK Lover (Music Label On First Call Distribution India) (insert the authorized person entering into the agreement)] hereinafter referred to as Music Label”.
RECITALS:
A. The Distributor is an entity involved in the business of managing, recording, producing and distributing different types of music forms developed by artists throughout the country.
B. I Vishesh Kumar Handle A Channel NK VK Lover on YouTube.
C. Being desirous to transfer the Work to the Distributor in a mutually beneficial manner, both parties decide to enter into this Commercial Music Contract (hereinafter referred to as the “Agreement”) to facilitate the transfer.
For the reasons set forth and in consideration of the covenants and promises of the parties hereto, parties agree as follows:
1. OBJECTIVE
The Music Label conveys all rights over the Work, including copyright and other intellectual property rights on the work related to its melody, lyrics, music etc. to the Distributor by way of assignment/license (chose the appropriate) in order to promote, market and for the commercial sale of the Work to obtain profit.
2. GRANT OF LICENSE (if license, specify a term)
2.1. The Music Label hereby grants the Distributor the License to promote, reproduce and market the Work developed by the Artist and more specifically described in this Agreement.
2.2. The Distributor shall have the exclusive license to use the name and photographs of The Music Label in the production, distribution and promotion of the Work as required.
2.3. The activities for which license is granted under this Agreement may be more specifically described in EXHIBIT A attached hereto.
3. ASSIGNMENT (if assignment, there is no term and the work is completely assigned to the Distributor on receiving a Distributor price)
3.1. The Music Label hereby sells, assigns, transfers and sets over unto Distributor the composition and each and every arrangement, adaptation and version thereof related to the Work, together with the universe-wide copyright thereof, throughout the entire universe, and all rights of whatsoever nature, both legal and equitable therein, thereto and there under including but not limited to the sole and exclusive universe-wide publication, mechanical instrument, electrical transcription, video cassette and recording, commercial rights, and the right of public performance for profit by any and all means, and through any and all media, and the right to arrange and adapt and all
other rights now known or hereafter to become known.
3.2. The Music Label hereby assigns to Distributor the India renewal copyright and all extensions and longer or different terms of copyright which may be provided by law in and to the composition and pursuant to law in the name of Artist & Singer & Music Director and to execute and deliver to Distributor such formal written assignment thereof, as may be required by Distributor, subject to the terms of this Agreement.
3.3. The Music Label hereby assigns all the exclusive right to the Work to the Distributor in order to publish, reproduce, advertise and market.
3.4. The Music Label hereby consents to the assignment of this Agreement and/or the Work or the composition and/or the copyright thereof, or any and all of the rights therein by Distributor, subject, however to the terms hereof of the royalties herein specified.
4. RIGHTS AND OBLIGATION OF THE MUSIC LABEL (in case of granting license)
4.1. The Music Label hereby agrees to completely co-operate with the Distributor in completing and delivering the Work within the time frame agreed by the Parties under this Agreement.
4.2. The Music Label is obliged to act in good faith during the production and market ing of the Work and to contribute to the smooth function of the activities by providing lyrics and notes to arrange, edit and perform the songs in an effective manner facilitating the production and the recording within the stipulated time as agreed by the Parties under the Agreement.
4.3. All rights, including copyright to the Music, melody and lyrics developed by The Music Label under this Agreement shall remain with The Music Label and the Distributor is granted with the license to those activities specifically stated under EXHIBIT A to this Agreement.
5. REPRESENTATIONS AND WARRANTY
5.1. The Music Label represents and warrants that the work developed by The Music Label under this Agreement is new and original version and it does not infringe on any rights, including copyright, of any third party.
5.2. The Music Label further agrees to defend and indemnify the Distributor against any legal proceedings for copyright infringement or any other similar violations related to the Work under this Agreement.
5.3. The Music Label understands that any expense incurred by the Distributor in relation to such violations may be born entirely form the Artist.
5.4. The Music Label hereby agrees not to license or assign the Work, its melody or lyrics to any third party, firm or corporation during the term of this Agreement.
6. OPTION TO DISTRIBUTOR (if License)
6.1. The Distributor has a first option to Distributor from The Music Label all rights related to the Work including copyright to the music, its melody and lyrics under this Agreement.
6.2. The Distributor price to the rights shall be fixed by the parties as 20% of the revenue made from the song/content distribution (this excludes YouTube AdSense revenue).
6.3. On Distributor of the rights, the Distributor becomes the owner of all rights related to the Work and The Music Label shall relinquish and release to the Distributor all worldwide rights to the performance and ownership of the music.
7. DISTRIBUTOR PRICE (in case of assignment)
9.1. There company shall get the 20% of the revenue made from the song/content distribution (this excludes YouTube AdSense revenue) and rest 80% shall be given to the Label.
9.2 10% revenue share from your YouTube Topic Channel, YouTube CMS, and YouTube Content ID will go to the company and 90% will go to you. No revenue share will be taken from your YouTube channel and Adsense.
9.3. As soon as the Label Earning is $10 or more in First Call Distribution India, on request of Label, First Call Distribution India will send the payment to Label Bank Account or their UPI Number in just 24 working hours to 72 working hours. You cannot send request if your earning is less than $10.
8. DISTRIBUTOR'S RIGHTS AND DUTIES
8.1. Song shall be released in 3 hours To 24 Working hours on all International Stores (Apple Music, Spotify, YouTube Music, etc.) and Domestic Stores (JioSaavn, Wynk Music, Gaana, Amazon Music, etc.).
8.2. Callertune and Content ID of the Song shall be activated in 7 - 10 working days.
8.3 Content ID of the Song will cause a copyright claim on Artist's main YouTube channel. This claim shall be removed by the company within 3 - 24 working hours
8.4. The artist cannot work with any other distribution company/label till the validity of this contract else legal action might be taken against them.
8.5. The content/song needs to be original. In case, the content/song is found to be copyrighted by some other artist/label company, then the applicable penalty/legal action has to be borne by the artist.
8.6. The Distributor shall have the exclusive right to reproduce, publish, market and advertise the Work comprised of versions of the copyrighted songs mentioned under EXHIBIT C to this Agreement.
8.7. The Distributor hereby agrees to use the Name of The Music Label, including the composer, writer, lyricists and such other artists for the purposes authorized under this Agreement and the use of the Name shall conform to the highest industry standards and shall be adopted in a fashion to preserve the inherent value intrinsic in the Name.
9. GRANT PERMISSION
(9.1 से 9.19 तक का पूरा text — same as you provided)
10. LIMITATION OF RIGHTS
(10.1 से 10.7 तक same text)
11. RATES ON COMMERCIAL PACKAGE OF MUSIC
12. INDEMNIFICATION
13. MODIFICATION
14. FORCE MAJEURE
15. SEVERABILITY
16. GOVERNING LAW
IN WITNESS WHEREOF, the Parties agreed to execute this COMMERCIAL MUSIC CONTRACT on the day and year specified above.
DISTRIBUTOR _____________________________________
MUSIC LABEL ________________________________________