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authorize the public performance of the Composition; the right
to display and to cause or authorize the display of the Compo-
sition to the public by all means now kqown or to become known
in the future; and any and all other rights in and to the
Composi tion, whether now kno\om or to become known in the
future. In addition, Publisher shall have the sole right to
secure registration of claims to copyright in the Composition,
in the name of Publisher, pursuant to the Copyright Law of the
Uni ted states and all other applicable laws, treaties and
conventions throughout the world.
3. Publisher shall have the right to use the name,
photograph and likeness of Writer and biographical material
concerning Writer, for advertising, purposes of trade and
otherwise without restriction in connection with the Compo-
sition.
4. Publisher shall have the right to claims to
copyright in the Composition and/or any applicable assignment
documents with respect to the Composition with the United
States Copyright Office. Publisher will also have the right
to register the. Composi tion \oli th the applicable performing
rights societies. Publisher shall determine whether the
Composition shall be published or otherwise used or exploited
and in. what manner and upon what terms.
5. As full consideration for the services to be rendered
by Writer hereunder, and for the rights granted herein, Pub-
lisher shall pay to Writer, during the term of copyright of
the Composition the following royal ties with respect to the
Composition:
(a) Seven (7) cents per copy, for each and every
pianovocal copy of the Composi tion published and sold by
Publisher or Publisher's licensee in the United States and
Canada, paid for and not returned.
(b) Five (5%) percent of the retail selling price
(after trade discounts, sales taxes, duties, excise taxes and
tariffs, if any) for each and every printed copy of each and
every other arrangement and edition of the Composition pub-
lished and sold in the United states and Canada by
or PUblisher!s licensee, paid for and not returned, except
that in the event that the ComDosition shall be used or caused
to be used in whole or in part-in conjunction with one or more
other musical compositions in a folio or album, Writer shall
be entitled to receive that portion of said five (5%) percent
which the Composition shall bear to the total number of musical
compositions contained in such folio or album.
(c) Fifty (50%) percent of any and all net sums
actually received by Publisher* from the mechanical rights I
electrical transcription and reproducing rights, motion picture
synchronization and television rights, and all rights
*or credited to its account
2.
FILED: NEW YORK COUNTY CLERK 03/10/2014
INDEX NO. 152123/2014
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/10/2014
F