Songwriter Agreement for the Netherlands

Songwriter Agreement Template for Netherlands

This document is a comprehensive legal agreement governed by Dutch law that establishes the terms and conditions between a songwriter and a commissioning party or publisher for the creation and exploitation of musical works. It addresses key aspects including copyright assignment or licensing, moral rights protection, compensation structures, delivery requirements, and exploitation rights, while incorporating specific provisions required under Dutch copyright law and EU directives. The agreement ensures compliance with the Dutch Copyright Act (Auteurswet) and the Copyright Contract Law (Wet auteurscontractenrecht), particularly regarding fair compensation and author protection.

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What is a Songwriter Agreement?

The Songwriter Agreement serves as a crucial legal framework for professional relationships in the music industry under Dutch law. This contract type is essential when engaging songwriters for creating original musical compositions, whether for specific projects or ongoing collaborations. The agreement comprehensively covers rights assignment, compensation, delivery requirements, and exploitation terms, while ensuring compliance with Dutch legal requirements, particularly the Auteurswet and Wet auteurscontractenrecht. It's designed to protect both the creative and commercial interests of all parties involved, incorporating specific provisions for moral rights protection and fair compensation that are paramount in Dutch copyright law. The Songwriter Agreement is particularly relevant in today's digital age, where musical works can be exploited across multiple platforms and territories.

What sections should be included in a Songwriter Agreement?

1. Parties: Identification and details of the songwriter and the commissioning party/publisher

2. Background: Context of the agreement and general purpose of the collaboration

3. Definitions: Key terms used throughout the agreement including 'Musical Works', 'Lyrics', 'Publishing Rights', etc.

4. Scope of Services: Detailed description of the songwriting services to be provided

5. Rights Assignment: Transfer or license of copyright and related rights in the musical works

6. Moral Rights: Recognition of the songwriter's moral rights and any agreed limitations

7. Compensation: Payment terms, royalties, and other financial considerations

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

9. Warranties and Representations: Guarantees regarding originality of work and right to enter agreement

10. Credit and Attribution: Requirements for crediting the songwriter

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

12. Confidentiality: Protection of confidential information shared during collaboration

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and dispute resolution procedures

What sections are optional to include in a Songwriter Agreement?

1. Exclusivity: Terms restricting the songwriter from working with other parties, used when exclusive services are required

2. Co-Writing Provisions: Rules for collaboration with other writers, needed when co-writing is anticipated

3. Publishing Administration: Detailed publishing administration terms, relevant when publisher is handling rights management

4. Minimum Commitment: Minimum number of songs or time commitment, used in longer-term exclusive arrangements

5. Digital Exploitation: Specific terms for digital platforms and new media, relevant for contemporary distribution

6. Sync Rights: Special provisions for synchronization rights, important if targeting film/TV placements

7. Foreign Territory Rights: Specific provisions for international exploitation, needed for global distribution

8. Demo Recording: Terms regarding creation and ownership of demo recordings, relevant when demos are part of delivery

What schedules should be included in a Songwriter Agreement?

1. Schedule A - Compensation Details: Detailed breakdown of payment terms, royalty rates, and accounting procedures

2. Schedule B - Minimum Delivery Requirements: Technical and artistic requirements for acceptable musical works

3. Schedule C - Approved Third-Party Collaborators: List of pre-approved co-writers or producers, if applicable

4. Schedule D - Territory Definitions: Specific definition of territories covered by the agreement

5. Schedule E - Pre-Existing Works: List of songwriter's works excluded from the agreement

6. Appendix 1 - Song Delivery Form: Template for documenting delivered works and their details

7. Appendix 2 - Copyright Registration Form: Template for recording copyright information for each work

8. Appendix 3 - Split Sheet Template: Standard form for documenting ownership shares in co-written works

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

Netherlands

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Film and Television

Advertising

Gaming

Performing Arts

Relevant Teams

Legal

Business Affairs

Copyright Administration

Publishing

Artist & Repertoire

Creative

Licensing

Rights Management

Music Production

Sync Licensing

Relevant Roles

Music Publisher

A&R Manager

Legal Counsel

Copyright Administrator

Music Supervisor

Creative Director

Songwriter

Composer

Publishing Manager

Rights Manager

Business Affairs Manager

Sync Licensing Manager

Music Producer

Entertainment Lawyer

Contracts Manager

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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