Exclusive Songwriter Agreement Template for Austria

The Exclusive Songwriter Agreement is a fundamental document in the music publishing industry, designed for situations where a music publisher wishes to secure exclusive rights to a songwriter's creative output. This contract type is particularly important in the Austrian market, where it must comply with both local copyright law (Urheberrechtsgesetz) and EU regulations. The agreement typically covers the assignment or licensing of rights, delivery obligations, compensation terms, and administrative responsibilities. It's particularly relevant when a publisher identifies a songwriter with significant potential and wishes to invest in their career development. The document needs to balance the commercial interests of the publisher with the creative and moral rights of the songwriter, while ensuring compliance with Austrian legal requirements regarding copyright transfer and fair compensation. The agreement should address collection society relationships (particularly with AKM/AUME), digital exploitation rights, and international sub-publishing arrangements.

1. Parties: Identification of the Publisher and Songwriter, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, including the Publisher's business, Songwriter's expertise, and mutual intention to enter into an exclusive relationship

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

4. Scope of Engagement: Details of the exclusive nature of the relationship and the songwriter's commitment to create and deliver musical compositions

5. Grant of Rights: Transfer or license of copyright and related rights in the compositions to the publisher

6. Term and Territory: Duration of the agreement and geographical scope of the rights granted

7. Delivery Obligations: Songwriter's obligations regarding composition delivery, minimum number of works, and quality standards

8. Compensation: Payment terms, including advances, royalty rates, and calculation methods

9. Accounting and Payments: Procedures for royalty accounting, payment schedules, and audit rights

10. Songwriter's Warranties and Representations: Guarantees regarding originality of works, non-infringement, and capacity to contract

11. Publisher's Obligations: Publisher's duties regarding exploitation, promotion, and administration of the compositions

12. Credit and Moral Rights: Requirements for songwriter attribution and protection of moral rights under Austrian law

13. Termination: Grounds for termination, notice requirements, and consequences of termination

14. Confidentiality: Obligations regarding confidential information and trade secrets

15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes