CONSORTIUM AGREEMENT AND registration:
CONTRACT FOR COMMISSIONING
A COMMISSIONING AGREEMENT is made as of this date between: DR. ANDREW LYNGE (hereinafter referred to as “CONSORTIUM ORGANIZER”), and the following individual and/or organization (hereinafter referred to as “CONSORTIUM MEMBER(S)”):
CONTRACT DOCUMENTS
The contract documents for this COMMISSIONING AGREEMENT shall consist of this contract and any riders or modifications, as provided for in paragraph 9.
STATEMENT of COMMISSION
1. CONSORTIUM ORGANIZER has commissioned an original work for CONSORTIUM ORGANIZER and CONSORTIUM MEMBER(S), of approximately ~8 minutes duration, scored for solo snare drum/brake drum with percussion trio, as well as a solo version with electronics. Additional details of this work are as follows: Composer – Caleb Pickering (hereinafter referred to as “COMPOSER") ; Title - "Chainsaw Dance" (hereinafter referred to as “WORK").
2. The CONSORTIUM ORGANIZER warrants that to the best of his knowledge:
a. The WORK is an original composition
b. The COMPOSER is the owner thereof
3. Upon completion of the WORK, COMPOSER agrees to deliver the completed WORK to CONSORTIUM ORGANIZER as follows:
a. A PDF copy of the music, including program and performance notes
b. A MP3 and WAV file of the accompanying audio
4. Upon receipt of the WORK, CONSORTIUM ORGANIZER agrees to deliver the completed WORK to the CONSORTIUM MEMBER(S).
5. As consideration of this agreement, each CONSORTIUM MEMBER agrees to pay COMPOSER forty-five USD ($45.00) if the member is a professional and thirty-five USD ($35.00) if the member is currently a student.
RIGHTS
6. CONSORTIUM ORGANIZER shall have the following rights with respect to the commissioned work.
a. The exclusive right to give the world premiere performance of the work.
b. The right to the making of the first commercial recording of the work, both video and audio, for a period of 2 months following the world premiere performance of the work.
All rights in the commissioned work not granted to CONSORTIUM ORGANIZER and CONSORTIUM MEMBER(S) herein are reserved to COMPOSER. CONSORTIUM ORGANIZER acknowledges the COMPOSER is not an employee of CONSORTIUM ORGANIZER nor CONSORTIUM MEMBER(S).
7. The CONSORTIUM ORGANIZER and CONSORTIUM MEMBER(S) have exclusive performance rights from August 1, 2024 - December 31, 2024.
8. The scores and other performance materials delivered to CONSORTIUM MEMBER(S), and on all published editions of the score shall include the following inscription: Commissioned by DR. ANDREW LYNGE and a consortium consisting of [CONSORTIUM MEMBER(S) listed in full] COMPOSER shall be listed as Caleb Pickering. Appropriate copyright and performing rights license information shall also appear.
9. COMPOSER warrants that nothing contained herein contravenes any pre-existing agreement with publisher or any other party. COMPOSER agrees that any subsequent agreement with publisher shall be subject to the rights granted to CONSORTIUM ORGANIZER and CONSORTIUM MEMBER(S) hereunder.
10. Modifications or amendments to this contract may be made. Any such modification must be in the form of a written rider to this contract, countersigned and dated by both COMPOSER and CONSORTIUM ORGANIZER.