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Song Agreement
"I need a Song Agreement under Austrian law for a publishing deal between an independent songwriter and a publishing company, covering global rights for a catalog of 5 songs with a 70/30 royalty split and quarterly accounting."
1. Parties: Identification of all parties to the agreement, including legal names, addresses, and roles (e.g., songwriter, publisher, producer)
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Rights', 'Territory', and 'Royalties'
4. Grant of Rights: Specific rights being transferred or licensed, including publishing, reproduction, and distribution rights
5. Ownership and Copyright: Clear statement of copyright ownership and any transfers or reservations of rights
6. Royalties and Payments: Detailed breakdown of payment terms, royalty rates, and calculation methods
7. Warranties and Representations: Guarantees by each party regarding ownership, originality, and right to enter into the agreement
8. Obligations: Specific duties of each party, including promotion, registration, and exploitation of the work
9. Duration and Termination: Term of the agreement and circumstances under which it can be terminated
10. Moral Rights: Recognition and handling of moral rights under Austrian law
11. Collecting Society Provisions: Arrangements regarding collection society memberships and payments
12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
13. General Provisions: Standard contractual clauses including notices, entire agreement, and severability
1. Co-Writer Provisions: Used when multiple songwriters are involved, detailing split of rights and royalties
2. Sub-Publishing: Include when international sub-publishing rights are being granted
3. Synchronization Rights: Special provisions for use in film, TV, or advertising
4. Digital Exploitation: Specific terms for digital platforms and streaming services
5. Producer Rights: Include when the agreement involves producer royalties or rights
6. Minimum Commitment: Used when specifying minimum number of songs or recordings required
7. Advance Payments: Include when advance payments are part of the deal
8. Assignment and Sub-Licensing: Terms for transferring rights to third parties
9. Promotional Use: Special terms for promotional and marketing purposes
1. Schedule 1 - Musical Works: Detailed list of songs covered by the agreement, including titles, writers, and composers
2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty rates for different types of usage
3. Schedule 3 - Territory: Specific definition of territorial scope and any territorial restrictions
4. Schedule 4 - Collecting Society Registrations: Details of existing collecting society registrations and splits
5. Appendix A - Co-Writer Agreements: Copies of any relevant co-writer agreements or split sheets
6. Appendix B - Copyright Registrations: Copies of copyright registrations or certificates
7. Appendix C - Prior Agreements: Copies of any relevant prior agreements affecting the musical works
Authors
Composition
Lyrics
Copyright
Publishing Rights
Mechanical Rights
Performance Rights
Synchronization Rights
Digital Rights
Territory
Term
Effective Date
Royalties
Net Receipts
Gross Receipts
Collection Society
Publisher's Share
Writer's Share
Advances
Commercial Release
Exploitation
Sub-Publishing Rights
Moral Rights
Neighboring Rights
Master Recording
Digital Service Provider
Physical Product
Co-Writers
Publication
Performing Rights Society
Mechanical Rights Society
Assignment
License
Administration Rights
Permitted Uses
Revenue Share
Accounting Period
Statement of Account
Original Work
Derivative Works
Controlled Composition
Public Performance
Broadcasting Rights
Online Rights
Streaming
Download
Audio-Visual Production
Sampling Rights
Arrangement
Adaptation
Assignment
Copyright
Moral Rights
Royalties
Payment Terms
Accounting
Warranties and Representations
Indemnification
Term and Termination
Collection Society
Sub-Publishing
Exploitation Rights
Digital Rights
Synchronization Rights
Mechanical Rights
Performance Rights
Credit and Attribution
Confidentiality
Non-Competition
Exclusivity
Registration
Minimum Commitment
Approvals
Quality Control
Promotional Use
Adaptation Rights
Derivative Works
Dispute Resolution
Governing Law
Force Majeure
Assignment and Transfer
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Data Protection
Publishing Obligations
Territory Restrictions
Music
Entertainment
Media
Publishing
Digital Media
Broadcasting
Film & Television
Advertising
Gaming
Live Entertainment
Legal
Business Affairs
Copyright Administration
Licensing
Royalties
Publishing
Content Acquisition
Artist & Repertoire
Rights Management
Contract Administration
Music Publisher
Copyright Manager
Legal Counsel
Contracts Manager
Rights Administrator
Business Affairs Manager
A&R Manager
Music Supervisor
Publishing Manager
Licensing Manager
Royalty Manager
Content Acquisition Manager
Music Industry Lawyer
Creative Director
Artist Manager
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