Co Publishing Agreement Template for England and Wales

A Co Publishing Agreement is a crucial legal document that establishes shared ownership and administration of music publishing rights between multiple parties. Under England and Wales law, this agreement governs how publishers collaborate to exploit musical works, defining revenue splits, territorial boundaries, and administrative responsibilities while ensuring compliance with copyright legislation.

When do you need this document?

You need a Co Publishing Agreement when establishing joint ownership of musical works with another publisher or when sharing administration duties for existing compositions. This document is essential when independent publishers want to pool resources for marketing and distribution, when major publishers collaborate on specific projects, or when songwriters assign partial rights to multiple publishers. The agreement is particularly valuable in cross-border deals where different publishers handle various territories, and when combining catalogue strengths to negotiate better sync licensing deals or streaming platform arrangements.

Key legal considerations

The agreement must clearly define the percentage split of ownership between co-publishers, typically ranging from 50/50 to more complex arrangements based on contribution levels. Revenue sharing provisions should specify how income from mechanical royalties, performance rights, synchronization licenses, and digital streaming is distributed. Administrative responsibilities must be clearly allocated, including who handles copyright registration, licensing negotiations, and royalty collection. The document should address moral rights of composers, particularly under English law where these cannot be assigned but may be waived. Termination clauses are crucial, detailing how rights revert or transfer upon agreement expiry, and accounting provisions must establish regular reporting requirements and audit rights for transparency.

Legal requirements in England and Wales

Under the Copyright, Designs and Patents Act 1988, any assignment or exclusive license of copyright must be in writing and signed by the copyright owner. The agreement must comply with the Law of Property (Miscellaneous Provisions) Act 1989 for contracts involving property rights disposition. When dealing with songwriters, ensure compliance with restraint of trade principles established in case law, particularly regarding exclusivity periods and territorial restrictions. The document must respect moral rights provisions, allowing composers to be identified as authors and object to derogatory treatment of their works. For international exploitation, ensure compliance with the Berne Convention requirements for cross-border copyright protection. Consider the Contracts (Rights of Third Parties) Act 1999 when third parties like sub-publishers may enforce agreement terms, and include appropriate Consumer Rights Act 2015 considerations if dealing with individual songwriters.