The Co-Performer Release Agreement is a crucial legal instrument in India's entertainment and media industry, designed to secure necessary rights and permissions from individuals who participate in performances alongside primary performers. This document becomes essential when multiple performers are involved in a recording, broadcast, or live performance that will be commercially exploited. It ensures compliance with Indian copyright law, particularly the performers' rights under Section 38A of the Copyright Act, 1957, and provides a clear framework for rights acquisition, usage permissions, and compensation. The agreement is commonly used in film productions, music recordings, theatrical performances, and digital content creation, where multiple performers contribute to a single work. It helps prevent future disputes by clearly documenting the terms of release and the scope of rights being transferred.
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1. Parties: Identification of all co-performers and the production company/entity obtaining the release
2. Background: Context of the performance, project details, and relationship between the parties
3. Definitions: Key terms used in the agreement including 'Performance', 'Recording', 'Project', 'Territory', etc.
4. Grant of Rights: Specific rights being released and transferred by the co-performer
5. Scope of Release: Extent of the release including territory, duration, and mediums of exploitation
6. Compensation: Payment terms, amounts, and schedule of payments
7. Representations and Warranties: Co-performer's confirmations regarding ownership and authority to grant rights
8. Waiver of Rights: Explicit waiver of moral rights and other related rights
9. Indemnification: Co-performer's obligation to indemnify against claims
10. Governing Law: Specification of Indian law as governing law and jurisdiction
11. Entire Agreement: Standard clause confirming this as the complete agreement between parties
1. Royalty Provisions: Include when ongoing payments based on exploitation are agreed
2. Credit Requirements: Include when specific crediting requirements are negotiated
3. Confidentiality: Include when sensitive information is shared or performance details are to be kept private
4. Future Productions: Include when release covers potential future uses or productions
5. Social Media Rights: Include when specific social media usage rights need to be addressed
6. Union Compliance: Include when co-performer is a member of any performing artists union
7. Insurance and Safety: Include when physical performance or stunts are involved
1. Schedule A - Performance Details: Detailed description of the performance, dates, locations
2. Schedule B - Payment Schedule: Detailed breakdown of payments, including any deferred payments or royalties
3. Schedule C - Permitted Uses: Comprehensive list of allowed uses of the performance
4. Schedule D - Credit Requirements: Specific details of how the co-performer should be credited
5. Schedule E - Excluded Rights: Any specific rights reserved by the co-performer
6. Appendix 1 - Project Description: Detailed information about the project in which the performance appears
7. Appendix 2 - Recording Schedule: Dates and locations of recordings if applicable
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