1. OBJECTIVE
1.1 Remixer has, on Remixer’s own initiative, begun or finished the process of remixing one or more ofSubstream´s performances and Substream would like to release the remix(es). Substream wishes to release the Remix(es) in question.
The names of Remixer’s remixes, and the name of each track being remixed, and original artist are listed here:
2. INTELLECTUAL PROPERTY
2.1 Substream shall be the first owner of the entire copyright and all other rights to the Remixes listed under Master Recordings hereunder and Substream shall have the absolute right to exploit the Master Recordings throughout the world ("the Territory") and Remixer hereby grant Substream all consent necessary to enableSubstream to exploit the Master Recordings without limit.
3. SUBSTREAM`S RIGHTS AND OBLIGATIONS
3.1 Substream shall have the non-exclusive right to use and authorise others to use producer’s name, photographs, likeness and biographical material as approved by Remixer solely in connection with Substream exploitation of the Master Recordings (Remixer´s approval not to be unreasonably withheld or delayed and deemed given in respect of such materials supplied by Remixer or on his/her behalf).
3.2 Substream shall use its best endeavours to give a credit on the sleeve or inlay card of the records embodying the Master Recordings (or any of them) on sale to the public by including Remixer's name or in any other manner commonly used in the industry.
3.3 Substream has the right to master and/or edit Remixer´s remix, without permission from Remixer.
4. NAME`S RIGHTS AND OBLIGATIONS
4.1 Other than the samples from the track being remixed, Remixer will not include any so called samples (whether of musical and/or literary works and/or sounds) in the Master Recordings without Substream´s prior written consent, or as otherwise agreed.
5. ROYALTY
5.1 In further consideration of Remixer fully performing Remixer´s material obligations hereunder Substream shall pay to Remixer a pro rata royalty of a proportion of twenty five percent (25%) of Substream's net receipts of such sales.
5.2 Remixer agrees and understands that Substream may choose not to release the remix(es), if they are not satisfactory in quality and style.
5.3 Remixer’s royalty shall be calculated and paid on the same basis, in the same manner and in respect of the same sales as the "Artist's Royalty" payable to the Artist in respect of net sales of records pursuant to the recording agreement between Substream and the Artist as it may have been, or may after the date of this agreement be, amended, replaced or supplemented ("Recording Agreement") and all of the provisions of the Recording Agreement relating to the calculation and payments of the Artist's royalty (but excluding those relating to the escalation of the Artist's Royalty) shall apply to the calculation and payment of Remixer´s royalty.
5.4 All royalties will be accounted for twice yearly and shall be related to the periods 1/1 - 30/6 and 1/7 - 31/12. Statements will be sent within three (3) months of the date of expiration of the accounting period and provided that the sum due to Remixer is in excess of SEK 500 (otherwise the royalty shall be hold in escrow until the amount due exceeds SEK 500) the amount due shall be paid to Remixer within 30 days from receipt of an invoice at the amount due.
5.5 Usage of the Master Recordings for promotional purposes shall, without limit, be non royalty bearing.
5.6 It is the parties' understanding that the Royalty hereunder are intended to pay for mastering and unless otherwise agreed, the Master Recordings delivered shall be in mastered format. In the event that Substream and Remixer agrees that Substream shall carry out mastering at its studios, Substream shall deduct Mastering charges equivalent to USD 60 per track from Remixer's royalty account.