A Death in the Family

As well as approaching An Horse for licensing 'Camp Out'; I approached Equal Vision Records, to request use of "A Death in the Family" by The Prize Fighter Inferno.




Equal Vision came back into contact with me yesterday, and sent me this e-mail:

So, obviously; I'm going to use "A Death in the Family" over the opening credits. As much as 'Camp Out' is a great tune to use, "Death in the Family" is such a good tempo, sound and overall feel to it. Bev tells me this is the first time a record label has gotten back into contact with a student at Winstanley, which is a real morale-booster. So here is the contract forwarded to my by the good people of Equal Vision:











MASTER USE LICENSE

FOR AND IN CONSIDERATION of the License Fee (as hereinafter defined) and all the promises and agreements contained herein, Equal Vision Records, Inc. (“Licensor”), Post Office Box 38202, Albany, NY 12203 hereby grants to [LICENSEE] (“Licensee”), [ADDRESS] the non-exclusive, right, license, privilege and authority, under copyright and otherwise, to reproduce and perform the Master (as hereinafter defined), in whole or in part, in the soundtrack of and in timed relation with the Picture (as hereinafter defined), solely for use in film as defined below. In the event you wish to use the Recording other than as permitted below, you must obtain permission from us to do so. Any rights or uses not specifically granted herein are expressly reserved by Licensor.

1. Master Recording.

The master recording (the "Recording") and the use of the Recording covered by this license is:

A. TITLE: A DEATH IN THE FAMILY.

B. ARTIST: THE PRIZE FIGHTER INFERNO.

C. TYPE OF USE: BACKGROUND.

D. PERMITTED FILM USE: SCHOOL PROJECT

2. Film Title.

The present working title of the film (which, together with all advertising, trailers, clips and promotional films therefor shall collectively be referred to herein as the "Picture") with which the Master is to be used is "ONE LAST THING".

3. Territory.

The territory (the "Territory") covered by this license is the world.

4. Term.

The term (the “Term”) of this license shall be one (1) year.

5. License Fee.

The License shall be issued without payment of a license fee, it being understood that the right to use the Master shall be limited to exploitation of the Master at film festivals and for educational purposes.

6. Warranties and Indemnities.

Licensee warrants, represents and agrees that it shall be responsible for obtaining all requisite consents and permissions of the copyright owners of the composition embodied on the Recording for the synchronization and performance of the composition in the soundtrack of the Picture. Licensee will indemnify and hold Licensor harmless from any and all claims, liabilities, losses, damages and expenses arising out of or in connection with any breach of its warranties, representations or covenants under this agreement. Licensor makes no warranties and representations with respect to the Recording, except that it shall make no claims against Licensee for the use of the Recording as permitted hereunder

7. Credit.

Licensee shall afford a credit to Licensor hereunder. The size, prominence and placement of such credit shall be in Licensee's sole discretion, provided that such credit shall be substantially similar to the credits afforded to the licensors of compositions used in a substantially similar manner in the Picture.

8. Notices.

The address of each party hereto as set forth above shall be the appropriate address for the mailing of notices, checks and statements, if any, hereunder. All notices shall be sent by certified or registered mail and shall not be deemed received or effective unless and until actually received. Either party may change its mailing address by written notice to the other.

9. Reservation of Rights.

Licensor reserves all rights not expressly granted to Licensee hereunder. All rights granted hereunder are granted on a non-exclusive basis.

10. Additional Provisions.

This license sets forth the entire agreement between the parties with respect to the subject matter hereof, and may not be modified, amended, terminated or discharged unless confirmed in writing by all parties hereto. This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto. This license shall be construed in all respects in accordance with the laws of the State of New York applicable to contracts entered into and to be wholly performed therein.


ACCEPTED AND AGREED as of 5th FEBRUARY 2010.

[LICENSEE]


By:_______________________________


Equal Vision Records, Inc.


By: ____________________________
Authorized Signatory



Rather confused, however, if I have to sign the contract and then send it to them, or just have the contract with me. Oh well, things are looking promising at the moment.

Until then;
Joni Beech