Co Publishing Agreement for Australia

Co Publishing Agreement Template for Australia

A Co-Publishing Agreement under Australian law is a contractual arrangement where two or more parties agree to share the ownership, administration, and revenue of musical compositions. This agreement, governed by Australian copyright law and the Copyright Act 1968 (Cth), establishes the terms for joint ownership and exploitation of musical works, including the collection and distribution of royalties, administrative responsibilities, and territorial rights. It addresses key aspects such as copyright registration, licensing authority, revenue splits, and administrative duties while ensuring compliance with Australian intellectual property legislation and industry standards.

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What is a Co Publishing Agreement?

A Co-Publishing Agreement is essential when multiple parties wish to share the publishing rights and responsibilities for musical works in Australia. This document is typically used when a songwriter or their publishing entity wants to partner with an established publisher while retaining partial ownership of their publishing rights, or when multiple publishers collaborate to jointly exploit musical works. The agreement must comply with Australian copyright law and industry practices, addressing crucial elements such as ownership percentages, administrative responsibilities, revenue collection and distribution, territory rights, and registration obligations. It provides a comprehensive framework for the ongoing relationship between co-publishers, ensuring clear understanding of rights, responsibilities, and financial arrangements while protecting all parties' interests under Australian jurisdiction.

What sections should be included in a Co Publishing Agreement?

1. Parties: Identification of the co-publishers entering into the agreement

2. Background: Context of the agreement, including the nature of the musical works and existing rights

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

4. Grant of Rights: Specification of rights being shared or transferred between the co-publishers

5. Ownership and Shares: Declaration of ownership splits and copyright shares between the parties

6. Administration Rights: Details of which party will administer the works and their specific responsibilities

7. Revenue Collection and Distribution: Procedures for collecting and sharing revenue, including payment terms and accounting

8. Representations and Warranties: Mutual assurances regarding rights ownership and authority to enter agreement

9. Registration and Protection: Obligations regarding copyright registration and protection of the works

10. Term and Termination: Duration of the agreement and circumstances for termination

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Co Publishing Agreement?

1. Sub-Publishing Rights: Terms for appointing sub-publishers in specific territories

2. Digital Rights Management: Specific provisions for digital exploitation and online platforms

3. Minimum Performance Requirements: Performance targets and consequences for not meeting them

4. Creative Control: Provisions regarding approval rights for modifications or synchronization

5. Audit Rights: Detailed procedures for auditing royalty payments and accounts

6. Non-Compete Provisions: Restrictions on competing publishing activities

7. Assignment and Transfer: Rights and restrictions regarding transfer of rights to third parties

What schedules should be included in a Co Publishing Agreement?

1. Schedule 1 - Musical Works: Detailed list of all musical works covered by the agreement

2. Schedule 2 - Territory Definition: Specific territories where the agreement applies

3. Schedule 3 - Revenue Splits: Detailed breakdown of revenue sharing percentages by type of use

4. Schedule 4 - Administrative Procedures: Specific procedures for registration, licensing, and collection

5. Schedule 5 - Key Contacts: List of key personnel and their responsibilities

6. Appendix A - Copyright Registration Details: Existing copyright registration information for the works

7. Appendix B - Prior Agreements: Details of any existing agreements affecting the works

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

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Music Agreement

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Performing Arts

Copyright Licensing

Recording Industry

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalties

Licensing

Publishing Administration

Business Development

Creative Services

Finance

Digital Rights

Relevant Roles

Music Publishing Manager

Copyright Administrator

Legal Counsel

Licensing Manager

Business Affairs Director

Royalty Administrator

A&R Manager

Publishing Rights Manager

Contract Manager

Business Development Manager

Creative Director

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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