PalmPheon is an artist friendly home to all creatives. We are passionate about musicians, both developing and well–known, across all genres. With unparalleled artist services, we are dedicated to create opportunities that benefit every artists that we work with.
We create opportunities for musicians and songwriters alike by helping to cultivate new and emerging talent. Every project is unique and deserves a unique approach we are as actively involved in or as transparent to the production as we need to be.
We work with our creatives to ensure that their music library is relevant to their specific style and genre. We focus on the quality of music and strive to constantly expand an artists music library. With thousands of tracks in more than 30 styles, We have perfected music management by simply taking the time to organize and categorize our artists music. With such a wide variety of media applications seeking music it is detrimental to the success of an artists to have library management.
We actively seek out new opportunities for paid placements by shopping music to the companies that need them the most.
We currently offer one publishing deal and that is our Single Song Co-Publishing Deal. Since we are committed to transparency we have posted our agreement online for you to view. Since contracts are drawn up by attorneys they are often cluttered with legal jargon. We have spent countless hours attempting to simplify our agreements the best we can but there are just some things that need to be stated in legal terms. To make things a bit easier to understand and digest we have added short notes at the end of each section that pretty much sum up all the legal stuff. Hope it helps
AGREEMENT made this_____________day of_____________________, 2016 by and between PalmPheon Music Publishing, 8401 Byron Ave Suite 1, Miami Beach FL, 33141, its successors and assigns (“Publisher”) and______________________________________________their successors and assigns (jointly and individually) (“Writer”).
Writer hereby irrevocably, during the term, sells, assigns, transfers and delivers to Publisher, its successors and assigns, certain original musical composition(s), written and/or composed by Writer, as listed on Schedule A attached hereto and made a part hereof (together, the “Composition(s)”) including the title, words and music thereof, and each and every arrangement thereof, and all of Writer’s right, title and interest therein, and all rights, claims and demands in any way relating thereto, and any and all copyrights thereof previously obtained, and the right to secure copyright therein throughout the entire world and to have and to hold said copyright and other rights therein and all rights of whatsoever nature thereunder now or hereafter existing (including, without limitation, any and all renewals and extensions of the copyright therein), all exclusive administration rights therein, and any and all benefits, revenue, or income accruing therefrom, and the right to make, give and authorize a dramatic representation of the composition and/or to dramatize the title, music, lyrics, plot and/or story thereof. “Composition” shall include, but not be limited to, the title, words, lyrics, music, beats, libretti and/or musical score thereof and all interpolations, collections, compilations, arrangements, adaptations, versions, editions and translations thereof.
(a) The Initial Term of this Agreement shall commence upon the date hereof and shall continue for a period of three (3) years, provided that such Initial Term shall automatically renew for consecutive periods of one (1) year unless either Publisher or Writer notifies the other party of its intention not to renew this Agreement within 90 days of the then-current Initial Term or Renewal Term, as applicable.
If we have not licensed any of your songs, all rights will revert back to you. For any song that we do license, it will become a permanent part of our catalog and we will continue to license the song in an exclusive capacity.
Writer warrants and represents that:
Publisher agrees to pay Writer, with respect to the Composition, the following aggregate amount (or the pro-rata share described in Schedule A of such amounts to the extent Writer is not the sole writer):
Publisher will compute the amounts payable to Writer hereunder, within ninety (90) days after June 30th and December 31st of each year during which royalties shall accrue to the Writer and will render accounting for, and pay such royalties, less any un-recouped advances under this and/or any other agreement between Writer and Publisher. All royalty statements, and all other accounts rendered by Publisher to Writer hereunder shall be binding upon Writer and not subject to any objections by Writer for any reason unless specific objection in writing, stating the basis thereof, is given to Publisher within one (1) year from the date rendered. Notwithstanding anything to the contrary contained herein, Publisher shall be under no obligation to account to Writer in respect of and/or pay to Writer sums of $50 or less, unless Publisher receives a written demand for such an accounting and payment.
(a) Publisher shall administer one hundred (100%) percent of all rights in and to the Composition and Writer hereby consents to any and all such changes, adaptations, translations, dramatizations, transpositions, edits, derivations, and arrangement of the Composition and the setting of words to the music and of music to the words and the change of title thereof as Publisher deems desirable.
Publisher shall have the right to use and to allow others to use Writer’s name and likeness, and biographical material concerning Writer, for advertising and purposes of trade, and otherwise without restriction, in connection with the Composition and in advertisements for Publisher’s Company.
(a) The decision as to whether any claim should be made or any legal action should be brought against any alleged infringer of the copyright in the Composition shall be made solely by Publisher; the extent of the prosecution of any such claim or action and/or the terms of any settlement or compromise of any such claim or action, and the decision whether to prosecute or abandon such claim or action, shall be decided solely by Publisher. If any money is recovered by Publisher as a result of any such claim or action, Publisher shall deduct the expenses incurred by it to collect such money (including attorneys’ fees) and Publisher will credit to Writer a sum equal to fifty percent (50%) of the amount remaining after the deduction of such expenses.
Writer will, promptly upon Publisher’s request, execute and deliver to Publisher such documents which in Publisher’s judgment may be necessary or desirable to carry out the purposes or intent of this agreement and/or to evidence the rights herein granted to Publisher and Writer hereby irrevocably
authorizes and empowers Publisher, and appoints Publisher its true and lawful attorney, to renew, pursuant to law, and for Publisher’s benefit, the copyright in the Composition for any renewal periods thereof, and to execute in Writer’s name any and all documents and/or instruments necessary or desirable to accomplish the foregoing and/or to evidence Publisher’s ownership of the copyright during such renewal period, this power being coupled with an interest and irrevocable.
Publisher may assign this agreement and/or any of its rights hereunder and/or any of its rights in and to the Composition in its sole discretion, including but not limited to, to sub-publishers, co-publishers, collection agents or others to the extent necessary in Publisher’s sole discretion to implement the rights granted to Publisher herein.
Writer agrees to and does hereby indemnify, save and hold Publisher harmless from any loss or damage (including attorneys’ fees) arising out of or connected with any claim by a third party which is inconsistent with any of the warranties, representations, covenants or agreements made by Writer in this agreement. Writer will reimburse Publisher on demand for any payment made by Publisher at any time after the date hereof in respect of any liability or claim to which the foregoing indemnity relates.
(a) This agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and no modification, amendment, waiver, termination or discharge of this agreement or any provisions thereof shall be binding upon Publisher unless confirmed by a written instrument signed by a duly authorized representative of Publisher. No waiver of any provision of or default under this agreement shall affect Publisher’s rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default whether or not similar.