Exclusive track distribution terms and conditions
Terms and conditions
By uploading your master of the track to the destiny sounds platform you are acknowledging that you own or control the copyright and all other rights in and to your track and agree to the following terms and conditions.
You hereby grant destiny sounds (the “distributor”) the worldwide (the “territory”) exclusive rights to: i) distribute your track (including your metadata and your cover artwork); ii) to transmit, broadcast, communicate, and make available the track to the public; iii) to exploit the track on all existing and future digital platforms (streaming and download) including but not limited to amazon, Deezer, Spotify, iTunes, and apple music; iv) to procure synchronization licenses subject to your approval and the royalty and accounting provisions set forth herein.
You hereby grant the distributor all necessary consents under United Kingdom copyright law in order to exploit the track and associated track cover artwork according to the agreed rights herein, for the avoidance of doubt all publishing rights are to be retained by the original songwriters and publishers.
You hereby grant the distributor the non-exclusive right and license to use your artist name, image, photographs and biographical material relating to you in connection with the exploitation of your track.
Term: the term of this agreement shall be for an initial period of 1 year from the release date of the track and rolling until the track has been removed by you from the platform or by destiny sounds (at their sole discretion).
Royalty and accounting:
Distributor shall operate one account with respect to artist’s recording and all costs and expenses, incurred by distributor hereunder. You shall each receive 70% of net revenue from the exploitation of your track via destiny sounds. As used herein, “net revenue” means gross receipts specifically directly and identifiably attributable to the exploitation of your track hereunder less expenses. The term “net revenue” shall exclude any so-called “label’s share” of public performance income and neighbouring rights income (which distributor shall be entitled to retain for its own, sole account) and the so-called “performer’s share” of public performance income (which you shall be entitled to retain for their own sole account). “expenses” means all bona fide third-party expenses incurred by distributor hereunder which distributor shall be reimbursed by deduction ‘off the top’ in the calculation of net revenue. Distributor will account the net revenue position within ninety (90) days of 30th June and 31st December. 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 and to the exchange control regulations of any country or territory from which those payments emanate.
Representation, warranties and indemnity:
You undertake, represent and warrant that you have the full right and authority to enter into this agreement and to grant the rights contained herein.
You have the full authority to act on behalf of any and all owners of any right, title or interest in and to you track, your metadata and your cover artwork.
You own or control the rights necessary to make the grant of rights under these terms and conditions and the exercise of such rights by distributor shall not violate or infringe the rights of any third-party.
All the expenses (including any payment to rights holders) related to your track, your metadata and your cover artwork were or will be paid in full an in no event shall distributor be held responsible for any payment of any amounts related thereto.
You have acquired or will acquire prior to delivery to distributor, in writing, from all artists and musicians who have performed on your track the rights necessary to make the grant of rights under this agreement including (without limitation) all consents under the copyright, designs & patents act 1988 (as subsequently varied and amended) and you hereby grant to distributor all such authorisation and consents. You hereby waive and/or irrevocably agree not to assert any and all so-called moral rights you may have in the track, save for the right to paternity.
You indemnify distributor and hold distributor harmless from and against any and all reasonable losses, damages and costs, including internal distributor administrative costs and reasonable legal fees arising out of or by reason of any agreed or adjudicated claim that is inconsistent with or arising out of or by reason of any breach of the representations, warranties, grants, undertakings or agreements given under these terms and conditions. If distributor has any claim against you under these terms and conditions, distributor is entitled to withhold from any sums payable to you under these terms and conditions any amount reasonably sufficient to meet such claim, including related damages and costs.
LAW AND JURISDICTION:
These terms and conditions are subject to the laws and jurisdiction of United Kingdom.
Revision Date 01/01/2019