Pitchcraft Collective Compilation
Release and Authorization Agreement
If the submitted recording is selected for inclusion in the Pitchcraft Collective 2027 Compilation (the “Compilation”), the undersigned artist or authorized representative of the submitting group (“Artist”) hereby grants to Pitchcraft Collective, Melissa Daneke, and Angela Ugolini (collectively, “Pitchcraft Collective”) a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, transmit, stream, publicly perform, publicly display, synchronize, promote, advertise, market, sell, and otherwise exploit the submitted sound recording (the “Recording”), in whole or in part, in connection with the Compilation and its distribution, promotion, marketing, publicity, and related activities.
Without limiting the foregoing, Pitchcraft Collective shall have the right to make the Recording available through digital streaming services, digital music platforms, download and purchase services, social media platforms, video-sharing platforms, websites, and other online services, including, without limitation, Spotify, Apple Music, YouTube, Bandcamp, and other current or future platforms or services; to distribute the Recording as part of the Compilation in physical formats, including compact discs (CDs); to offer the Recording and Compilation for sale, download, streaming, or other forms of digital or physical distribution; and to authorize third-party distributors, aggregators, retailers, streaming services, and other service providers to exercise such rights on Pitchcraft Collective’s behalf.
Pitchcraft Collective may also create and distribute reasonable promotional materials incorporating all or portions of the Recording, including audio clips, excerpts, videos, visualizations, advertisements, social media content, trailers, announcements, and other promotional materials relating to the Compilation.
This license includes the right to use the Artist’s name, professional name, group name, likeness, photographs, logos, biographical information, descriptive information, and the names of participating group members in connection with the Compilation and its distribution, promotion, marketing, publicity, and related activities, without further notice, approval, or compensation.
Artist acknowledges and agrees that Pitchcraft Collective shall have no obligation to provide Artist with any additional compensation, royalties, fees, or other consideration arising from or relating to the rights granted under this Agreement, unless otherwise expressly agreed to in writing by Pitchcraft Collective.
Representations and Warranties. Artist represents and warrants that:
Artist is the owner of, or is otherwise fully authorized to grant, all rights and licenses granted under this Agreement with respect to the Recording and all other materials submitted by Artist;
Artist has obtained all necessary permissions, licenses, consents, waivers, and releases from all performers, producers, musicians, vocalists, arrangers, songwriters, copyright owners, publishers, labels, and other persons or entities whose rights may be implicated by the exercise of the rights granted to Pitchcraft Collective under this Agreement;
Artist has obtained all rights and permissions necessary for the reproduction, distribution, public performance, streaming, digital download, physical distribution, synchronization, and other authorized uses of the Recording and, where applicable, the underlying musical composition;
the execution of this Agreement and Pitchcraft Collective’s exercise of the rights granted herein will not violate or conflict with any agreement, license, obligation, or other rights of any third party;
Artist has not granted, and will not grant, any rights to any third party that would interfere with or prevent Pitchcraft Collective from exercising the rights granted under this Agreement; and
to the best of Artist’s knowledge, the Recording and all materials submitted in connection with the Compilation do not infringe, misappropriate, or otherwise violate any copyright, trademark, right of publicity, privacy right, contractual right, or other proprietary or personal right of any third party.
Mechanical and Underlying Musical Composition Rights. Artist acknowledges that the copyright in a sound recording is separate from the copyright in the underlying musical composition embodied in the Recording. Artist represents and warrants that, prior to submission and before any distribution of the Recording through the Compilation, Artist has obtained or will obtain all licenses, permissions, consents, and other rights necessary for Pitchcraft Collective to lawfully reproduce, distribute, sell, stream, download, publicly perform, and otherwise exploit the Recording and the underlying musical composition as contemplated by this Agreement.
If the Recording contains or embodies a musical composition written or controlled in whole or in part by a person or entity other than Artist, Artist shall be solely responsible for identifying all applicable songwriters, composers, publishers, copyright owners, and other rights holders and for obtaining all necessary licenses, permissions, and clearances required for the uses contemplated by this Agreement, including any applicable mechanical licenses or royalties arising from the manufacture and distribution of physical copies, permanent digital downloads, interactive streams, or other applicable uses.
Artist shall provide Pitchcraft Collective, upon request, with accurate songwriting, publishing, copyright, and ownership information for each musical composition embodied in the Recording, including the names of all applicable songwriters and publishers and their respective ownership percentages, to the extent known or applicable.
Artist acknowledges that Pitchcraft Collective may rely upon the information and representations provided by Artist when registering, distributing, licensing, or otherwise exploiting the Compilation. Artist agrees to promptly notify Pitchcraft Collective in writing of any change, dispute, or claim concerning ownership or licensing rights relating to the Recording or any underlying musical composition.
Nothing in this Agreement shall be construed as requiring Artist to assign ownership of any musical composition to Pitchcraft Collective. Any rights granted to Pitchcraft Collective under this Agreement are limited to the licenses expressly set forth herein.
Release and Indemnification. To the fullest extent permitted by applicable law, Artist hereby releases and agrees to indemnify, defend, and hold harmless Pitchcraft Collective and its owners, members, officers, employees, agents, representatives, successors, assigns, distributors, licensees, and service providers from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
(a) Artist’s submission of the Recording or other materials;
(b) Artist’s breach or alleged breach of any representation, warranty, or obligation contained in this Agreement;
(c) any claim that the Recording or other submitted materials infringe, misappropriate, or otherwise violate the rights of any third party;
(d) any claim relating to the ownership, licensing, clearance, reproduction, distribution, or use of any musical composition embodied in the Recording; or
(e) any claim by a performer, songwriter, composer, producer, publisher, label, musician, group member, or other third party arising from or relating to Pitchcraft Collective’s authorized use, distribution, promotion, or exploitation of the Recording or other materials pursuant to this Agreement.
No Transfer of Ownership. Except for the license expressly granted herein, Artist retains ownership of Artist’s rights in the Recording and, to the extent owned or controlled by Artist, the underlying musical composition. Nothing in this Agreement shall be construed as a transfer of ownership of the Recording or underlying musical composition to Pitchcraft Collective.
Distributor and Platform Authorization. Artist expressly authorizes Pitchcraft Collective to provide the Recording and applicable metadata to third-party distributors, digital service providers, streaming platforms, retailers, physical manufacturers, and other service providers as reasonably necessary to exercise the rights granted under this Agreement. Artist acknowledges that such third parties may require representations, warranties, licenses, or other rights necessary to distribute and make the Recording available through their respective services.
Compilation Metadata and Credits. Artist authorizes Pitchcraft Collective to use and provide the Artist’s name, group name, member names, songwriter and contributor information, Recording title, copyright information, artwork, logos, and other applicable metadata in connection with the Compilation and its distribution through physical and digital platforms.
Entire Agreement. This Agreement constitutes the entire agreement between Artist and Pitchcraft Collective concerning the subject matter herein and supersedes all prior or contemporaneous understandings, representations, or agreements concerning such subject matter. Any amendment or waiver must be in writing and agreed to by the parties.
Severability. If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles.
Dispute Resolution.
Any dispute arising out of or relating to this Agreement shall first be addressed through good-faith negotiations between the parties. If the dispute is not resolved within fifteen (15) days after written notice, the parties shall attempt to resolve it through non-binding mediation in New Jersey. If mediation is unsuccessful, the dispute shall be resolved by final and binding arbitration in New Jersey under the Commercial Arbitration Rules of the American Arbitration Association. The parties understand that arbitration replaces court proceedings and knowingly waive their rights to have the dispute decided by a judge or jury.
Agreement.
By signing below, Artist acknowledges that Artist has read and understood this Agreement, has had the opportunity to seek independent legal advice, and voluntarily agrees to be bound by its terms.