Co Publishing Agreement Template for Austria

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Key Requirements PROMPT example:

Co Publishing Agreement

"I need a Co-Publishing Agreement for a catalogue of electronic dance music tracks, where my independent publishing company will share rights 50/50 with the songwriter's own publishing entity, with worldwide rights except for Japan and South Korea."

Document background
The Co-Publishing Agreement is essential in the music industry when parties wish to share publishing rights and responsibilities for musical works. This document, structured under Austrian law, is typically used when a songwriter or composer wants to partner with an established publisher while retaining partial publishing rights, or when multiple publishers collaborate to administer musical works. It includes crucial elements such as revenue sharing percentages, territorial rights, exploitation obligations, and administrative responsibilities. The agreement must comply with Austrian copyright law (Urheberrechtsgesetz), commercial regulations, and EU directives, while also addressing requirements from collecting societies. This type of agreement is particularly relevant in today's global music market, where cross-border exploitation and digital rights management are increasingly important.
Suggested Sections

1. Parties: Identification of the co-publishing parties, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the work(s) and parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Works', 'Territory', 'Net Revenue', 'Publishing Rights'

4. Grant of Rights: Specific rights being shared/transferred between the parties, including percentage splits

5. Term and Territory: Duration of the agreement and geographical scope of the co-publishing arrangement

6. Financial Terms: Revenue sharing arrangements, payment terms, accounting periods, and audit rights

7. Exploitation Obligations: Parties' responsibilities regarding promotion and exploitation of the works

8. Administrative Responsibilities: Assignment of administrative duties, including registration with collecting societies

9. Warranties and Representations: Standard warranties about ownership, right to contract, and non-infringement

10. Registration and Credits: Requirements for registering works and displaying publishing credits

11. Termination: Circumstances under which the agreement can be terminated and consequences of termination

12. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law

Optional Sections

1. Sub-Publishing: Include when parties may want to appoint sub-publishers in specific territories

2. Digital Rights: Include for specific provisions regarding digital exploitation and new technologies

3. Synchronization Rights: Include when specific arrangements for sync licensing are needed

4. Minimum Performance Requirements: Include when setting specific exploitation targets or minimum revenue requirements

5. Creative Control: Include when specific approval rights are required for certain uses

6. Assignment to Third Parties: Include when transfer of rights to third parties needs specific regulation

7. Dispute Resolution: Include when specific arbitration or mediation procedures are desired

8. Marketing and Promotion: Include when specific marketing commitments are required

Suggested Schedules

1. Schedule 1 - Works: Detailed list of musical works covered by the agreement, including writer shares

2. Schedule 2 - Revenue Split: Detailed breakdown of revenue sharing percentages by type of use

3. Schedule 3 - Accounting Procedures: Specific requirements for financial reporting and payments

4. Schedule 4 - Territory Restrictions: Any specific territorial exclusions or special arrangements

5. Schedule 5 - Sub-Publishers: List of approved sub-publishers if applicable

6. Appendix A - Registration Form: Template for registering works with collecting societies

7. Appendix B - Marketing Commitments: Detailed marketing and promotion plans if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Film and Television

Gaming

Advertising

Performing Arts

Relevant Teams

Legal

Business Affairs

Rights Administration

Licensing

Copyright

Royalties

International

Business Development

Creative Services

Finance

Contract Administration

Relevant Roles

Music Publishing Manager

Copyright Manager

Legal Counsel

Business Affairs Director

A&R Manager

Licensing Manager

Rights Administration Manager

Publishing Rights Manager

Contract Administrator

Creative Director

Business Development Manager

Royalty Manager

International Rights Manager

Sync Licensing Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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