Song Writing Contract for Germany

Song Writing Contract Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions between a songwriter and other parties (typically a music publisher or commissioning party) for the creation, ownership, and exploitation of musical compositions. The document adheres to German copyright law (Urheberrechtsgesetz) and includes provisions for rights assignment, royalty payments, moral rights protection, and GEMA registration. It covers essential aspects such as delivery requirements, acceptance criteria, compensation terms, and territory restrictions while ensuring compliance with both German and EU copyright regulations.

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What is a Song Writing Contract?

The Song Writing Contract is a crucial legal document used in the German music industry to establish professional relationships between songwriters and other parties involved in the music creation and exploitation process. It is particularly important when commissioning new musical works, establishing ongoing creative relationships, or engaging songwriters for specific projects. The contract must comply with German copyright law (Urheberrechtsgesetz - UrhG), which has specific requirements regarding moral rights and rights transfer. It typically includes detailed provisions about composition ownership, royalty structures, GEMA registration, and exploitation rights. This document is essential for protecting both the creative and commercial interests of all parties involved while ensuring compliance with German and EU regulations governing musical works.

What sections should be included in a Song Writing Contract?

1. Parties: Identification of the songwriter(s) and the commissioning party or publisher

2. Background: Context of the agreement and general purpose

3. Definitions: Key terms used throughout the agreement, including 'Work', 'Rights', 'Territory', 'Term'

4. Scope of Work: Description of the songwriting services and deliverables expected

5. Rights Grant: Transfer or license of rights in the composition, including exploitation rights under German copyright law

6. Moral Rights: Recognition of moral rights (which cannot be assigned under German law) and how they will be respected

7. Compensation: Payment terms, including advances, royalties, and payment schedules

8. Delivery and Acceptance: Timeline and process for delivery of compositions and acceptance criteria

9. Warranties and Representations: Guarantees regarding originality and ownership of the work

10. GEMA Registration: Provisions regarding registration with GEMA and collection of royalties

11. Credit and Attribution: Requirements for crediting the songwriter

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

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Song Writing Contract?

1. Co-Writing Provisions: Used when multiple songwriters are involved, defining split of rights and royalties

2. Commission Terms: Specific terms for commissioned works, including deadlines and special requirements

3. International Exploitation: Additional terms for international use of the works, including sub-publishing

4. Synchronization Rights: Specific terms for use in film, TV, or advertising

5. Demo Recording Provisions: Terms regarding creation and ownership of demo recordings

6. Exclusivity Provisions: Terms restricting the songwriter from writing for others during the term

7. Publisher's Obligations: Specific promotional and exploitation commitments by the publisher

8. Social Media and Digital Platforms: Specific terms for digital exploitation and social media use

What schedules should be included in a Song Writing Contract?

1. Schedule A - Works: List of compositions covered by the agreement, including any pre-existing works

2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different types of use

3. Schedule C - Delivery Requirements: Technical specifications for delivery of compositions (format, accompanying materials)

4. Schedule D - Approved Third-Party Users: Pre-approved licensees or users of the works, if any

5. Schedule E - Territory Restrictions: Specific territorial limitations or requirements for different jurisdictions

6. Appendix 1 - GEMA Registration Form: Standard form for registration with GEMA

7. Appendix 2 - Split Sheet Template: Template for documenting ownership splits in co-writing situations

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

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Music

Entertainment

Media

Publishing

Advertising

Film and Television

Gaming

Digital Media

Performing Arts

Event Management

Relevant Teams

Legal

Business Affairs

Copyright Administration

Artist & Repertoire

Publishing Administration

Licensing

Creative Services

Rights Management

Contract Administration

Business Development

Relevant Roles

Songwriter

Music Publisher

Legal Counsel

Copyright Manager

A&R Manager

Music Supervisor

Business Affairs Manager

Licensing Manager

Rights Administrator

Creative Director

Publishing Manager

Contract Administrator

Artist Manager

Music Producer

Entertainment Lawyer

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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