Song Split Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and documents the ownership splits and revenue sharing arrangements between multiple parties who have contributed to the creation of a musical work. The document complies with German copyright law (Urheberrechtsgesetz) and specifically addresses the rights and obligations of all contributing parties, including provisions for collection and distribution of royalties through GEMA and other collection societies. It includes detailed specifications for various revenue streams, credit requirements, and moral rights protection as required under German legislation.

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What is a Song Split Agreement?

The Song Split Agreement is a crucial document in the music industry that formalizes the division of rights and revenues among multiple contributors to a musical work. Under German law, this agreement carries particular significance due to the strong protection of authors' rights (Urheberrecht) and the mandatory involvement of collecting societies like GEMA. The document is typically used when multiple parties have contributed to creating a song, whether as writers, composers, or producers, and need to establish clear terms for ownership, revenue distribution, and credit attribution. It should be prepared at the time of the song's creation or before its commercial release to prevent future disputes. The agreement must comply with German copyright law's specific requirements regarding moral rights and transfer of usage rights, while also accommodating industry-standard practices for royalty collection and distribution.

What sections should be included in a Song Split Agreement?

1. Parties: Identification of all songwriters, composers, producers and other rights holders involved in the song creation

2. Background: Context of the song's creation, collaborative process, and purpose of the agreement

3. Definitions: Key terms including 'Musical Work', 'Revenue', 'Publishing Rights', 'Performing Rights', 'Mechanical Rights', and other industry-specific terminology

4. Ownership Declaration: Clear statement of each party's percentage share in the musical work

5. Rights and Contributions: Detailed description of each party's creative contribution and the rights they hold

6. Revenue Distribution: Specification of how various revenue streams will be split between parties

7. Collection and Payment: Process for collecting and distributing revenues, including role of collecting societies

8. Warranties and Representations: Parties' confirmations regarding originality, ownership, and right to enter agreement

9. Registration and Credits: Requirements for registering the work with collecting societies and crediting parties

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

11. Signatures: Execution blocks for all parties

What sections are optional to include in a Song Split Agreement?

1. Producer Rights: Special section for when a producer is involved and receiving rights share

2. Sample Clearance: Required when the song contains samples from other works

3. Publishing Administration: Details of publishing administration arrangements if applicable

4. Sync Rights Administration: Procedures for handling synchronization licensing if specially arranged

5. International Revenue Collection: Special provisions for international revenue collection if not using standard collecting society systems

6. Buy-Out Provisions: Terms for potential future buy-out of rights shares

7. Moral Rights Provisions: Specific handling of moral rights under German law if any special arrangements needed

What schedules should be included in a Song Split Agreement?

1. Schedule A - Song Details: Technical details of the song including ISWC, recording date, studio location

2. Schedule B - Percentage Splits: Detailed breakdown of percentage splits for different revenue types

3. Schedule C - Party Payment Details: Banking and payment information for all parties

4. Schedule D - Credit Requirements: Specific requirements for how parties should be credited

5. Appendix 1 - GEMA Registration Form: Copy of or reference to the GEMA registration details

6. Appendix 2 - Prior Agreements: Copies of any relevant prior agreements affecting the split arrangement

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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