WHEREAS, Daywind owns all rights to its catalog of single-song audio performance track recordings (Master(s)); and WHEREAS, You desire to lease from Daywind a certain Master(s) in order that You may record your voice to them to create a second generation recording for public sale.NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and representations contained herein, the parties agree as follows: 1.
Daywind shall lease its Master(s) set forth in Exhibit A below, on a non-exclusive basis, to You for the purpose of You or your group recording your vocals or instrumental performance to the Master(s) for inclusion in a recording (the Recording). You shall pay Daywind, in immediately available funds, for the one-time right to use the Master(s) in the Recording, the following fee: 175.00 per Master 3. You understand that this non-exclusive lease covers the sound recording Master(s) only and not the underlying musical composition. Donnie Mcclurkin Ft Yolanda Adams The Prayer Mp3 License The MusicalYou represent and warrant that you will contact any and all copyright owners of the underlying musical composition(s), license the musical composition(s), and pay all royalties associated with that license(s). You agree to fully and completely indemnify and hold harmless Daywind and its employees, agents, affiliated companies, and other personnel for any and all damages which may result from Your failure to properly obtain and pay for any and all such licenses required by law. Daywind will provide You contact information for musical composition copyright owners upon request. This lease is non-transferable. This Agreement shall be governed by the laws of the State of Tennessee, and may not be modified or altered in any way other than by a dated writing signed by all parties. In the event of a breach of the Agreement by any party hereto resulting in the institution of legal proceedings by any party to enforce the Agreement, the prevailing party shall be entitled to collect its costs and expenses, including a reasonable attorneys fee, from the non-prevailing party. Copyright law requires a license for recording or online streaming of performances for both the use of the songs themselves (contact ccli.com for livestreaming a church service and 800-635-9581 for recording) as well as the accompaniment track music (contact 800-635-9581). Through July 31, 2020, given the pandemic, Daywind is offering gratis rights to sing with its tracks in a small church or Sunday School environment via video conferencing services like Zoom and webex for calls up to 25 participants. Licenses for larger groups or other livestream settings are available by calling 800-635-9581. Recordings of these streamed groups or services is prohibited. If you are interested in partnering with New Day Christian for the first time, you will need to fill out a Credit Application.
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