Send Mechanical License To:
The undersigned "Publisher", Another Sundown Publishing Company, owns the copyright and controls the rights to reproduce in phonorecord and to distribute phonorecord of the above copyrighted musical work. You wish non-exclusively to use said work to make and distribute phonorecords thereof. Upon your doing so, you shall have, retroactively to the date of release, for the United States, its territories and possessions, all the rights which are granted to, and all the obligations which are imposed upon, users of said work under the compulsory license provisions of Section 115 of the Copyright Act after distribution of phonorecords of the copyrighted work to the public in the United States by another person under authority of the copyright owner, for album disc phonorecords, single disc phonorecord, and all configurations of prerecorded tape phonorecords; except that with respect to all such phonorecords thereof made and distributed by you:
1. You shall pay to Publisher royalties equal to the statutory rate in effect at the time the phonorecords are made. The rate on the date above is currently 9.1¢ per unit (for songs over five minutes, the statutory rate is 1.75¢ per minute). Such royalties shall be paid on the basis of 100% of the phonorecords made and distributed or given away by you, excluding a reasonable number of promotional copies given away without any consideration, independently of any sale of the same or any other goods or services. You hereby waive the provisions of Section 115(c)(1) of the Copyright Act.
2. You shall keep complete books and records reflecting all transactions hereunder, and you shall render to Publisher quarterly accountings and payments therefore within 45 days after March 31, June 30, September 30, and December 31, for each quarter for which any royalties accrue hereunder. We shall have the right at all reasonable times by representatives chosen by us to audit, examine, and make copies and extracts of all books and records maintained by you and your affiliates relating to matter hereunder; and if such audit discloses an understatement greater that 5% of the royalties reported by you for any quarter, you shall pay the reasonable expenses of such audit. All sums due hereunder shall bear interest at the maximum rate permitted by law if not paid within 30 days after the date due. In the event of suit under this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. If you fail to account and pay royalties as herein provided, Publisher shall have the right to repudiate and revoke this license by written notice to you.
3. This license covers and is limited to one particular phonorecord of the musical composition designated above as performed by the artist on the record number set forth above, and for no other use; and this license does not supersede nor in any way affect any prior license now in effect respecting recordings of said musical composition.
4. You shall inscribe copyright information, i.e.:Words and Music by Kate Wolf
© 19xx Another Sundown Publishing Co. (BMI)
on materials accompanying the phonorecord (i.e.: with song credits on jacket).
5. This license shall not take effect unless and until you shall sign and return one copy hereof together with one copy of the applicable phonorecord. You need not serve or file the notices required by the Copyright Act.
ACCEPTED AND AGREED:
© 1998 Owl Productions
WWW Established 1995
Page Updated 20 Sep 2008