Composer Publisher Agreement for the United States

Composer Publisher Agreement Template for United States

A legal agreement governed by U.S. copyright and contract law that establishes a relationship between a composer and a music publisher. The agreement typically grants the publisher rights to exploit musical works in exchange for promotion, administration, and a share of revenues. It covers aspects such as royalty rates, territory restrictions, term length, and specific usage rights while complying with federal copyright law and state-specific contract requirements.

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What is a Composer Publisher Agreement?

The Composer Publisher Agreement is a fundamental contract in the music industry, essential for establishing professional relationships between creators and publishers. This agreement, governed by U.S. federal copyright law and state contract laws, defines how musical works will be commercially exploited, managed, and monetized. It typically includes provisions for various revenue streams including performance rights, mechanical royalties, synchronization licenses, and digital uses. The document is particularly crucial in today's complex music landscape where multiple revenue streams and territorial considerations must be carefully managed.

What sections should be included in a Composer Publisher Agreement?

1. Parties: Identifies the composer and publishing company, including full legal names and addresses

2. Background: Establishes context, including composer's ownership of works and publisher's business purpose

3. Definitions: Defines key terms including 'Works', 'Territory', 'Net Revenue', 'Publishing Rights'

4. Grant of Rights: Details the specific rights being transferred to the publisher

5. Term and Territory: Specifies duration of the agreement and geographical scope

6. Royalties and Payments: Details payment terms, royalty rates, and calculation methods

7. Warranties and Representations: Composer's guarantees regarding ownership and originality of works

8. Termination: Conditions for ending the agreement and consequences

What sections are optional to include in a Composer Publisher Agreement?

1. Minimum Commitment: Specifies minimum number of works to be delivered - used for exclusive agreements with established composers

2. Sub-Publishing: Rights to appoint sub-publishers in other territories - used for international exploitation of works

3. Digital Rights: Specific provisions for digital exploitation - used when digital distribution is significant part of strategy

4. Creative Control: Composer's rights regarding modifications of works - used for high-profile composers or specific genres

What schedules should be included in a Composer Publisher Agreement?

1. Schedule A - Works: List of existing works covered by the agreement

2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages by usage type

3. Schedule C - Territories: Detailed list of territories covered if not worldwide

4. Schedule D - Specific Usage Rights: Detailed breakdown of permitted uses and restrictions

5. Appendix 1 - Copyright Registration Details: List of copyright registration numbers for existing 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

United States

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Industries

U.S. Copyright Act: Primary federal legislation governing copyright law (17 U.S.C.), establishing basic rights for creators and publishers, including exclusive rights, duration of copyright, and termination rights

Digital Millennium Copyright Act: Federal law addressing digital copyright issues, including online copyright infringement and digital rights management

Music Modernization Act: 2018 law modernizing copyright law for the digital age, including streaming rights and mechanical licensing system updates

Sonny Bono Copyright Term Extension Act: Law extending copyright protection terms in the United States

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized set of laws governing commercial transactions, including contract principles

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Performance Rights Regulations: Laws governing public performance rights and licensing requirements for musical works

Mechanical Licensing Requirements: Regulations governing the reproduction and distribution of musical works in physical and digital formats

PRO Regulations: Rules and regulations set by performing rights organizations (ASCAP, BMI, SESAC) for music licensing and royalty collection

Berne Convention: International treaty governing copyright protection across member countries

WIPO Copyright Treaty: International agreement addressing copyright protection in the digital environment

Work-for-Hire Provisions: Legal provisions governing ownership of works created during employment or by specific commission

Digital Performance Rights: Laws governing rights and royalties for digital streaming and online performances

State Recording Requirements: State-specific requirements for recording and registering copyright assignments and licenses

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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