The Sub Publishing Agreement is essential in the music publishing industry when a publisher wants to ensure effective representation of their musical works in territories where they don't have direct operations. This document, governed by Canadian law, establishes the relationship between the original publisher and a sub-publisher who will administer the works in specified territories. It includes detailed provisions for rights administration, royalty collection and distribution, promotional obligations, and territory-specific requirements. The agreement must comply with Canadian federal legislation, particularly the Copyright Act, while also considering international copyright conventions and local territory requirements. The Sub Publishing Agreement is particularly valuable for Canadian publishers looking to expand their international reach or for international publishers seeking representation in Canada, as it provides a comprehensive framework for the professional administration of music publishing rights.
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1. Parties: Identification of the original publisher (Licensor) and the sub-publisher (Licensee), including full legal names and addresses
2. Background: Context of the agreement, establishing the original publisher's rights and their intention to grant sub-publishing rights
3. Definitions: Definitions of key terms including 'Musical Works', 'Territory', 'Net Receipts', 'Publishing Rights', 'Collection Period', and other relevant terms
4. Grant of Rights: Detailed specification of the publishing rights being granted to the sub-publisher, including scope and limitations
5. Territory: Clear definition of the geographic territories where the sub-publisher may exercise the granted rights
6. Term: Duration of the agreement, including commencement date, initial term, and any renewal provisions
7. Obligations of Sub-Publisher: Sub-publisher's duties including promotion, collection, and administration of the works
8. Royalties and Payments: Payment terms, royalty rates, calculation methods, and payment schedules
9. Accounting and Reporting: Requirements for financial reporting, royalty statements, and auditing rights
10. Retention of Rights: Specification of rights retained by the original publisher
11. Warranties and Representations: Standard warranties regarding ownership, authority to enter agreement, and non-infringement
12. Termination: Grounds for termination, notice requirements, and post-termination obligations
13. General Provisions: Standard legal clauses including governing law, notices, assignment, and entire agreement
1. Digital Rights: Specific provisions for digital exploitation of works, used when digital rights are specifically carved out or require special treatment
2. Synchronization Rights: Detailed provisions for sync licensing, included when sync rights are part of the grant
3. Sub-Licensing: Terms for allowing the sub-publisher to issue sub-licenses, included when such rights are granted
4. Minimum Performance Requirements: Specific performance targets for the sub-publisher, included when the original publisher wants to ensure certain levels of activity
5. Currency Conversion: Specific provisions for handling multiple currencies, included for international territories with complex currency considerations
6. Promotional Activities: Detailed requirements for promotion and marketing, included when specific promotional obligations are required
7. Dispute Resolution: Alternative dispute resolution procedures, included when parties want to specify mediation or arbitration processes
8. Non-Compete Provisions: Restrictions on competing activities, included when exclusivity is important
1. Schedule A - Musical Works: Complete list of musical works covered by the agreement, including composer details and ownership splits
2. Schedule B - Territory-Specific Terms: Specific terms and conditions that apply to different territories
3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different types of usage and territories
4. Schedule D - Reporting Format: Templates and requirements for royalty statements and reports
5. Schedule E - Key Contacts: List of key personnel and contact information for both parties
6. Appendix 1 - Collection Society Affiliations: List of relevant collection societies and registration requirements
7. Appendix 2 - Sample Statements: Examples of required financial statements and reporting formats
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