The Song Writer Contract is essential in the modern music industry for protecting both creative and commercial interests. This agreement, governed by English and Welsh law, is typically used when a songwriter enters into a professional relationship with a publisher or record label for the creation and exploitation of musical works. It covers crucial elements such as copyright assignment or licensing, royalty structures, delivery requirements, and creative control. The contract ensures compliance with the Copyright, Designs and Patents Act 1988 while addressing industry-specific needs like co-writing arrangements and publishing rights management.
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1. Parties: Identification of contracting parties (songwriter and publisher/company)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including Musical Works, Publishing Rights, Territories
4. Grant of Rights: Specific rights being transferred or licensed, including copyright assignment or license terms
5. Compensation: Payment terms, royalties, advances, and calculation methods
6. Delivery Requirements: Specifications for song delivery, format, and acceptance criteria
7. Term and Termination: Duration of agreement and circumstances for termination
8. Warranties and Representations: Guarantees regarding ownership, originality, and non-infringement of third-party rights
1. Minimum Commitment: Specifies minimum number of songs to be delivered during the term - used for exclusive songwriting agreements
2. Co-Writing Provisions: Terms governing collaboration with other songwriters, including rights split and approvals
3. Publishing Company Assignment: Terms for assigning rights to a publishing company when songwriter has their own publishing entity
4. Moral Rights: Specific provisions regarding attribution and integrity rights under CDPA 1988
1. Schedule of Existing Works: Comprehensive list of songs already written and covered by the agreement
2. Royalty Calculations: Detailed breakdown of royalty percentages, payment calculations, and deductions
3. Approved Co-Writers: List of pre-approved collaboration partners and terms of collaboration
4. Territory Restrictions: Detailed list of territories where rights are granted or restricted
Relevant legal definitions
Works
Composition
Writer's Share
Publisher's Share
Mechanical Rights
Performance Rights
Synchronization Rights
Territory
Term
Advance
Royalties
Net Receipts
Gross Receipts
Collection Society
Publishing Rights
Co-Writers
Delivery
Commercial Release
Master Recording
Digital Exploitation
Performing Rights Society
Mechanical Copyright Protection Society
Controlled Composition
Minimum Commitment
Accounting Period
Exclusive Period
Release Commitment
Major Record Company
Sub-Publishing
Administration Rights
Copyright
Moral Rights
Sample
Professional Writer
Qualifying Release
Composition
Writer's Share
Publisher's Share
Mechanical Rights
Performance Rights
Synchronization Rights
Territory
Term
Advance
Royalties
Net Receipts
Gross Receipts
Collection Society
Publishing Rights
Co-Writers
Delivery
Commercial Release
Master Recording
Digital Exploitation
Performing Rights Society
Mechanical Copyright Protection Society
Controlled Composition
Minimum Commitment
Accounting Period
Exclusive Period
Release Commitment
Major Record Company
Sub-Publishing
Administration Rights
Copyright
Moral Rights
Sample
Professional Writer
Qualifying Release
Clauses
Grant of Rights
Royalties
Advances
Minimum Commitment
Delivery Requirements
Acceptance
Warranties and Representations
Moral Rights
Copyright Assignment
Term and Duration
Termination
Co-Writing
Collection Society Membership
Accounting and Payment
Audit Rights
Exclusivity
Publishing Administration
Sub-Publishing
Credit and Attribution
Indemnification
Confidentiality
Non-Circumvention
Assignment and Transfer
Force Majeure
Notices
Governing Law
Jurisdiction
Entire Agreement
Amendment
Severability
Third Party Rights
Sample Clearance
Digital Exploitation
Promotion and Marketing
Dispute Resolution
Royalties
Advances
Minimum Commitment
Delivery Requirements
Acceptance
Warranties and Representations
Moral Rights
Copyright Assignment
Term and Duration
Termination
Co-Writing
Collection Society Membership
Accounting and Payment
Audit Rights
Exclusivity
Publishing Administration
Sub-Publishing
Credit and Attribution
Indemnification
Confidentiality
Non-Circumvention
Assignment and Transfer
Force Majeure
Notices
Governing Law
Jurisdiction
Entire Agreement
Amendment
Severability
Third Party Rights
Sample Clearance
Digital Exploitation
Promotion and Marketing
Dispute Resolution
Relevant Industries
Relevant Teams
Relevant Roles
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