Song Agreement Template for Switzerland

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Key Requirements PROMPT example:

Song Agreement

"I need a Song Agreement under Swiss law for a collaboration between three songwriters and a publishing company, with specific provisions for digital streaming rights and international sub-publishing, to be effective from March 1, 2025."

Document background
The Song Agreement serves as a fundamental legal instrument in the music industry, establishing the framework for managing rights and commercial relationships related to musical works under Swiss jurisdiction. This document is essential when formalizing arrangements between songwriters, publishers, and other stakeholders in the music industry. It comprehensively covers copyright assignment or licensing, royalty structures, exploitation rights, and obligations of all parties involved. The agreement must comply with Swiss federal laws, particularly the Copyright Act (URG/LDA) and the Code of Obligations, while addressing industry-specific requirements such as digital distribution, international rights management, and collection society relationships. The Song Agreement is particularly important in today's digital age, where music exploitation spans multiple platforms and territories.
Suggested Sections

1. Parties: Identification of all contracting parties, including songwriter(s), publisher, and any other relevant parties

2. Background: Context of the agreement, including the work(s) covered and the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Rights: Specific rights being transferred or licensed, including publishing, reproduction, and distribution rights

5. Ownership and Copyright: Clear statement of copyright ownership and any transfers or reservations of rights

6. Moral Rights: Recognition and handling of moral rights under Swiss law

7. Compensation: Payment terms, royalty rates, and calculation methods

8. Accounting and Payments: Details of payment frequency, reporting requirements, and audit rights

9. Warranties and Representations: Guarantees regarding ownership, originality, and non-infringement

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

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

12. General Provisions: Standard contractual clauses including notices, assignment, and entire agreement

Optional Sections

1. Sub-Publishing: Terms for international exploitation of the work through sub-publishers

2. Synchronization Rights: Specific provisions for use in film, TV, or other media

3. Digital Distribution: Special terms for digital platforms and streaming services

4. Co-Writing Arrangements: Specific terms when multiple writers are involved

5. Minimum Commitment: Requirements for minimum number of works or performance obligations

6. Creative Control: Provisions regarding approval rights for modifications or arrangements

7. Advance Payments: Terms for any upfront payments and recoupment

8. Performance Obligations: Specific requirements for live performances or promotional activities

Suggested Schedules

1. Schedule 1 - Musical Works: Detailed list of songs covered by the agreement, including titles, writers, and registration numbers

2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty percentages for different types of use

3. Schedule 3 - Approved Territories: List of territories where rights are granted

4. Schedule 4 - Collection Societies: List of relevant collection societies and registration requirements

5. Appendix A - Marketing Requirements: Specific promotional and marketing obligations

6. Appendix B - Recording Specifications: Technical requirements for recordings if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Music and Entertainment

Media Production

Digital Media

Broadcasting

Film and Television

Advertising

Gaming

Live Events and Performance

Digital Streaming

Publishing

Relevant Teams

Legal

Rights Management

Business Affairs

Licensing

Royalties and Administration

Publishing

Digital Distribution

Artist and Repertoire

Business Development

Copyright

Relevant Roles

Music Rights Manager

Legal Counsel

Copyright Administrator

Business Affairs Manager

A&R Manager

Publishing Manager

Licensing Manager

Royalty Manager

Contract Administrator

Music Supervisor

Entertainment Lawyer

Creative Director

Business Development Manager

Digital Rights 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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