The Single Song Agreement is a fundamental document in the music publishing industry, used when a songwriter or composer wishes to transfer or license rights in a specific musical composition to a publisher or other party under Dutch law. This agreement is particularly relevant in cases where parties prefer to deal with songs on an individual basis rather than entering into a comprehensive publishing agreement covering multiple works. The document must comply with Dutch legal requirements, including specific provisions for moral rights protection and involvement of collection societies like BUMA/STEMRA. It typically includes detailed terms regarding royalty payments, exploitation rights, territory definitions, and administration responsibilities. The agreement is designed to protect both the creator's interests and the publisher's ability to commercially exploit the work, while ensuring compliance with Dutch copyright law and industry practices.
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1. Parties: Identification of the contracting parties - typically the songwriter/composer and the music publisher or acquiring party
2. Background: Context of the agreement and brief description of the song and parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Composition', 'Territory', 'Term', 'Net Revenue', etc.
4. Grant of Rights: Specific rights being transferred or licensed, including publishing, synchronization, and adaptation rights
5. Moral Rights: Acknowledgment of moral rights under Dutch law and extent of their exercise
6. Warranties and Representations: Songwriter's guarantees regarding ownership, originality, and non-infringement
7. Payment Terms: Details of advances, royalties, and payment schedules
8. Collection Societies: Provisions regarding BUMA/STEMRA membership and revenue collection
9. Accounting and Auditing: Terms for financial reporting and audit rights
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdiction for disputes
1. Delivery Requirements: Used when the song hasn't been delivered yet, specifying format, deadline, and quality requirements
2. Co-Writer Provisions: Required when multiple writers are involved, detailing split shares and administration rights
3. Minimum Performance Requirements: Optional clauses setting expectations for promotion or exploitation of the song
4. Sub-Publishing: Include when international exploitation is anticipated, detailing terms for sub-publishers
5. Exclusive Recording Artist Provisions: Required when the songwriter is also a recording artist with exclusive obligations to a record label
6. Digital Exploitation: Specific provisions for digital platforms and new technologies
7. Creative Control: Used when the songwriter retains certain approval rights over uses of the composition
1. Song Details: Technical information about the song including title, writers, splits, and ISWC code if available
2. Revenue Splits: Detailed breakdown of revenue sharing between parties for different types of usage
3. Existing Licenses: List of any pre-existing licenses or commitments affecting the song
4. Collection Society Registrations: Details of existing registrations with BUMA/STEMRA or other societies
5. Prior Agreements: Summary of any relevant pre-existing agreements affecting the song
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