Intellectual Property Law

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Here is the response in order to your questions: 1) The

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Here is the response in...
Here is the response in order to your questions:
1) The contract says “ Artist will retain 100% of the publishing part of her lyrics ( exact share to be determined after all guest artists on each song are confirmed) of the chorus for “Once upon a time in Shaolin…”
2) Producer said "cents" I assumed he meant only 10 cents.
3) Would it be easier to send a copy of the contract?
Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 8 minutes by:
12/5/2015
IP Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 119,593
Experience: Attorney practicing all aspects of copyright/trademark law
Verified
Thank you for your reply, in the future use "REPLY to expert" and please do not open a new question.
First of all it cannot be "cents" that makes no sense (please ignore the bad pun). It has to be PERCENT and 10% is the standard contractual commission. So if she has the 100% publishing rights, how did he sell those publishing rights without her consent?
Yes, upload the contract here using the link button at the top of your reply box so I can read what it says.
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Customer reply replied 1 year ago
I did get clarification, he is stating that the mechanical royalties fee is 9.1 cents per song download/play. Since the album was sold only once he is saying that is what she is entitled to. Attached is the contract. I am currently having to go through my old comp to find the signed contract. Also it was never notarized.
IP Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Thank you for your reply.
That is not what the contract says, it does not say she gets 9.1 cents per download, it says specifically in paragraph 4: "ARTIST will forfeit all other (sales) royalties generated from any form of
exploitation or synchronization of these recordings/songs and/or album. In the event that New Line Cinema decides to purchase the song ‘Diary Of A Mad Woman’ for synchronisation use in a movie, the ARTIST and Cilvaringz will share 50/50 in all generated income from this license. In the event New Line Cinema and/or any other entities interested in purchasing the intellectual property of “Diary Of A Mad Woman”. ARTIST will be entitled to full disclosure
and any paperwork related to the purchase of ARTIST song. Any paperwork not disclosed to ARTIST or her management team will immediately make the this agreement non binding and ARTIST will revoke any rights given to Tarik Azzougarh. ARTIST will also not be responsible for any claims made by Tarik Azzougarh for reimbursement from future date and until the end of time."
So basically she really is getting nothing under this agreement unless the diary of a mad woman was sold. If that was sold, she gets 50% of the proceeds. Otherwise this agreement pretty much gives her no royalties and it seems like she was taken advantage of here by this promoter
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Customer reply replied 1 year ago
Thank you for the response, that article is for "diary of a mad woman" not the "once upon a time in Shaolin".
Customer reply replied 1 year ago
Also is this a legally binding contract based under US law?
IP Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Thank you for your reply.
I understood it was not for "Once upon a Time" but that is the contract she signed. Nothing protects "Once upon a time" and as such yes it is a binding contract that is unfavorable to her and one she should not have signed.
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