The Music Publishing Contract serves as the foundational document establishing rights and obligations between creators and publishers in the music industry. This agreement, governed by U.S. law, is essential when a songwriter wishes to partner with a publisher for the commercial exploitation of their works. It covers critical aspects including copyright assignment, royalty structures, administrative rights, and territorial scope. The contract must comply with federal copyright laws, state contract laws, and industry standards while protecting both parties' interests.
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1. Parties: Identifies the publisher and songwriter/composer with full legal names and addresses
2. Background: States the context of the agreement and basic premises
3. Definitions: Defines key terms used throughout the agreement including 'Compositions', 'Territory', 'Term', 'Net Receipts'
4. Grant of Rights: Specifies the rights being transferred to the publisher including copyright, administration, and exploitation rights
5. Term and Territory: Defines the duration of the agreement and geographical scope
6. Delivery and Acceptance: Details requirements for submission and acceptance of compositions
7. Compensation and Royalties: Specifies payment terms, royalty rates, and calculation methods
8. Accounting and Payment: Details payment schedules, statements, and audit rights
9. Warranties and Representations: Lists guarantees made by both parties regarding rights and capabilities
10. Termination: Specifies conditions for ending the agreement and consequences
1. Minimum Commitment: Used when publisher requires specific output quantity - specifies minimum number of compositions required
2. Advances: Used when advance payments are part of the deal - details any upfront payments and recoupment terms
3. Sub-Publishing: Used for international exploitation - defines rights and terms for international sub-publishers
4. Creative Control: Used when songwriter wants creative control - specifies approval rights over modifications
5. Reversion Rights: Used when including automatic reversion provisions - defines terms for rights returning to songwriter
1. Schedule A - Compositions: List of all compositions covered by the agreement
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different uses
3. Schedule C - Territory Restrictions: Specific territorial exclusions or limitations
4. Schedule D - Prior Commitments: List of pre-existing agreements affecting the compositions
5. Schedule E - Accounting Procedures: Detailed procedures for royalty calculations and payments
Relevant legal definitions
Agreement
Advance
Composition(s)
Copyright
Derivative Works
Effective Date
Gross Receipts
Licensed Territory
Mechanical Rights
Net Receipts
Performance Rights
Performance Rights Organizations (PROs)
Publisher's Share
Publishing Rights
Royalties
Synchronization Rights
Term
Territory
Writer's Share
Controlled Composition
Digital Rights
Electronic Transmission
First Use
Master Recording
Minimum Commitment
Print Rights
Public Performance
Recoupment
Retention Period
Sub-Publishing Rights
Third Party Administrator
Work-Made-For-Hire
Collection Period
Accounting Period
Reserve Against Returns
Advance
Composition(s)
Copyright
Derivative Works
Effective Date
Gross Receipts
Licensed Territory
Mechanical Rights
Net Receipts
Performance Rights
Performance Rights Organizations (PROs)
Publisher's Share
Publishing Rights
Royalties
Synchronization Rights
Term
Territory
Writer's Share
Controlled Composition
Digital Rights
Electronic Transmission
First Use
Master Recording
Minimum Commitment
Print Rights
Public Performance
Recoupment
Retention Period
Sub-Publishing Rights
Third Party Administrator
Work-Made-For-Hire
Collection Period
Accounting Period
Reserve Against Returns
Clauses
Assignment of Rights
Grant of Rights
Term and Territory
Delivery Requirements
Warranties and Representations
Royalties
Accounting and Payment
Minimum Commitment
Exploitation Rights
Sub-Publishing
Termination
Confidentiality
Moral Rights
Registration and Collection
Approval Rights
Creative Control
Indemnification
Force Majeure
Assignment and Transfer
Governing Law
Dispute Resolution
Notices
Amendment and Modification
Entire Agreement
Severability
Further Assurances
Reversion Rights
Audit Rights
Non-Competition
Exclusivity
Credit and Attribution
International Rights
Digital Rights
Administration Rights
Successor and Assigns
Grant of Rights
Term and Territory
Delivery Requirements
Warranties and Representations
Royalties
Accounting and Payment
Minimum Commitment
Exploitation Rights
Sub-Publishing
Termination
Confidentiality
Moral Rights
Registration and Collection
Approval Rights
Creative Control
Indemnification
Force Majeure
Assignment and Transfer
Governing Law
Dispute Resolution
Notices
Amendment and Modification
Entire Agreement
Severability
Further Assurances
Reversion Rights
Audit Rights
Non-Competition
Exclusivity
Credit and Attribution
International Rights
Digital Rights
Administration Rights
Successor and Assigns
Relevant Industries
Relevant Teams
Relevant Roles
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