The Music Publishing Contract is a crucial document in the Austrian music industry that formalizes the business relationship between music creators and publishers. It is used when a composer or songwriter wishes to partner with a publisher for the commercial exploitation of their musical works. The contract must comply with Austrian copyright law (Urheberrechtsgesetz) and relevant EU regulations, particularly regarding digital rights and cross-border licensing. It typically includes detailed provisions for rights assignment, royalty structures, promotional obligations, and territory definitions. This document is essential for protecting both parties' interests and ensuring clear understanding of their respective rights and obligations under Austrian law. The contract should be tailored to address specific requirements regarding collecting society membership (such as AKM/AUME) and local music industry practices.
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1. Parties: Identification of the Author/Composer and the Publisher with full legal names and addresses
2. Background: Context of the agreement and brief description of the musical works involved
3. Definitions: Key terms including 'Musical Works', 'Publishing Rights', 'Territory', 'Term', 'Net Revenue', etc.
4. Grant of Rights: Specific rights being transferred to the publisher, including reproduction, distribution, and performance rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Publisher's Obligations: Publisher's duties including promotion, exploitation, and administration of the works
7. Author's Obligations: Author's responsibilities including delivery of works and warranty of originality
8. Royalties and Payment Terms: Financial terms, revenue sharing, accounting periods, and payment schedules
9. Moral Rights: Recognition and protection of the author's moral rights under Austrian law
10. Warranties and Indemnities: Guarantees regarding ownership and originality of works
11. Termination: Conditions for ending the agreement and consequences of termination
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution procedures
1. Sub-Publishing Rights: Terms for appointing sub-publishers in other territories
2. Digital Exploitation: Specific terms for online and digital use of works
3. Minimum Performance Requirements: Publisher's specific promotion and exploitation commitments
4. Advance Payments: Terms for any upfront payments to the author
5. Collaborative Works: Provisions for works created with other authors
6. Right of First Refusal: Publisher's preferential rights for future works
7. Assignment and Sub-Licensing: Terms for transferring rights to third parties
8. Collection Society Arrangements: Specific provisions regarding AKM/AUME membership and collections
1. Schedule A - Musical Works: Detailed list of all musical works covered by the agreement
2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different types of use
3. Schedule C - Accounting Procedures: Specific requirements for royalty calculations and reporting
4. Schedule D - Promotional Commitments: Detailed publisher's promotion and marketing obligations
5. Appendix 1 - Collection Society Forms: Required forms for registration with relevant collecting societies
6. Appendix 2 - Copyright Registrations: Copies of existing copyright registrations for the works
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