Co Publishing Agreement for Germany

Co Publishing Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes a partnership between two or more publishers to jointly manage and exploit musical works or other creative content. The agreement details the sharing of publishing rights, revenue distribution, administrative responsibilities, and exploitation obligations while ensuring compliance with German copyright law (Urheberrechtsgesetz) and publishing regulations. It includes specific provisions for territory management, registration requirements, and financial arrangements between the co-publishing parties.

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What is a Co Publishing Agreement?

The Co-Publishing Agreement is a critical document used when two or more publishers decide to collaborate in the exploitation and administration of musical works or other creative content in Germany. This agreement type is particularly relevant when rights holders wish to benefit from shared expertise, resources, and market access while maintaining partial control over their works. Governed by German law, particularly the Urheberrechtsgesetz (Copyright Act) and Verlagsgesetz (Publishing Law), the agreement must address specific legal requirements for rights transfer, moral rights protection, and fair compensation. The document typically includes detailed provisions for revenue sharing, administrative responsibilities, territory management, and exploitation strategies, making it essential for international publishing partnerships and domestic co-publishing arrangements.

What sections should be included in a Co Publishing Agreement?

1. Parties: Identification of the co-publishing parties, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the work(s) and parties' business relationship

3. Definitions: Key terms used throughout the agreement, including technical and industry-specific terminology

4. Grant of Rights: Specific rights being shared or transferred between the parties, including territorial scope

5. Term and Territory: Duration of the agreement and geographical areas covered

6. Ownership of Copyright: Clear statement of copyright ownership and any divisions between parties

7. Financial Terms: Revenue sharing, accounting procedures, and payment terms

8. Administrative Responsibilities: Division of administrative duties between co-publishers

9. Exploitation Obligations: Parties' obligations regarding promotion and exploitation of the works

10. Sub-Publishing: Terms for engaging sub-publishers in other territories

11. Registration and Credits: Requirements for work registration and credit attribution

12. Warranties and Indemnities: Standard representations and protections for both parties

13. Termination: Conditions and procedures for ending the agreement

14. Governing Law and Jurisdiction: Confirmation of German law application and dispute resolution procedures

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

1. Minimum Performance Requirements: Specific performance targets, used when parties want to ensure minimum exploitation efforts

2. Digital Rights Management: Special provisions for digital exploitation, needed for digital-focused publishing

3. Synchronization Rights: Specific provisions for sync licensing, included when works may be used in audio-visual productions

4. Moral Rights: Special provisions regarding moral rights under German law, needed for works with significant artistic value

5. Creative Control: Provisions for creative decision-making, included when original works are still being created

6. Assignment and Sub-Contracting: Terms for transferring rights or obligations, needed in larger corporate structures

7. Data Protection: GDPR compliance provisions, required when processing personal data

8. Force Majeure: Provisions for unforeseen circumstances, optional but recommended

What schedules should be included in a Co Publishing Agreement?

1. Schedule 1 - Works: Detailed list of musical works or compositions covered by the agreement

2. Schedule 2 - Revenue Sharing Mechanics: Detailed breakdown of revenue shares and calculation methods

3. Schedule 3 - Accounting Procedures: Specific requirements for financial reporting and payments

4. Schedule 4 - Territory Specifications: Detailed breakdown of territorial rights and responsibilities

5. Schedule 5 - Marketing Commitments: Specific promotional and marketing obligations of each party

6. Appendix A - Sample Royalty Statement: Template for regular royalty reporting

7. Appendix B - Assignment Forms: Standard forms for rights registration and transfer

8. Appendix C - Credit Guidelines: Detailed requirements for crediting both publishers

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

Germany

Publisher

Genie AI

Document Type

Music Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Music and Entertainment

Publishing

Media

Digital Content

Performing Arts

Film and Television

Gaming

Advertising

Cultural and Creative Industries

Relevant Teams

Legal

Rights Management

Business Affairs

Copyright Administration

Royalties and Finance

Creative Services

Business Development

International

Licensing

Catalog Administration

Relevant Roles

Publishing Director

Rights Manager

Legal Counsel

Copyright Administrator

Business Affairs Manager

A&R Director

Creative Director

Licensing Manager

Royalty Manager

Business Development Manager

Contract Administrator

Publishing Coordinator

International Rights Director

Music Publishing Executive

Catalog 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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