Songwriter Publisher Agreement Template for India

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Key Requirements PROMPT example:

Songwriter Publisher Agreement

"I need a Songwriter Publisher Agreement for a new independent songwriter based in Mumbai who wants to retain digital rights while granting traditional publishing rights for a 3-year term starting January 2025, with an option for 2-year renewal."

Document background
The Songwriter Publisher Agreement is a crucial legal document used in the Indian music industry to formalize the relationship between creators and publishers of musical works. This agreement is essential when a songwriter wishes to collaborate with a publisher for the commercial exploitation of their compositions. It covers various aspects including copyright assignment or licensing, royalty structures, territorial rights, and exploitation terms, all within the framework of Indian copyright and contract law. The agreement typically includes provisions for both traditional and digital publishing rights, ensuring compliance with the Copyright Act, 1957, and addressing modern music distribution channels. It's particularly important for protecting both parties' interests while facilitating the commercial success of the musical works.
Suggested Sections

1. Parties: Identification of the Songwriter and Publisher with full legal names and addresses

2. Background: Context of the agreement, including the songwriter's profession and publisher's business

3. Definitions: Key terms used throughout the agreement including 'Compositions', 'Publishing Rights', 'Territory', 'Term', 'Net Revenue'

4. Grant of Rights: Specific rights being transferred to the publisher, including reproduction, distribution, and adaptation rights

5. Term and Territory: Duration of the agreement and geographical scope of the rights granted

6. Delivery Obligations: Songwriter's obligations to deliver compositions, including format and timeline

7. Ownership and Registration: Clear statement of copyright ownership and registration responsibilities

8. Publisher's Obligations: Publisher's duties regarding exploitation, promotion, and administration of the works

9. Royalties and Payment Terms: Detailed breakdown of royalty rates, payment schedules, and accounting procedures

10. Moral Rights: Protection of songwriter's moral rights and attribution requirements

11. Warranties and Representations: Songwriter's guarantees regarding originality and ownership of works

12. Termination: Circumstances and procedures for ending the agreement

13. General Provisions: Standard clauses including notices, governing law, and dispute resolution

Optional Sections

1. Minimum Commitment: Required when specifying minimum number of compositions to be delivered

2. Sub-Publishing: Include when publisher may assign rights to sub-publishers in other territories

3. Co-Writing Provisions: Necessary when songwriter collaborates with other writers

4. Sync Rights: Detailed section for synchronization rights if significant film/TV usage is anticipated

5. Digital Distribution: Specific provisions for digital platforms and streaming services

6. Creative Control: Include when songwriter requires approval rights over certain uses

7. Advance Payments: Include when publisher is providing advance payments against future royalties

8. Reversion Rights: Terms for rights returning to songwriter under specific conditions

Suggested Schedules

1. Schedule A - Existing Compositions: List of compositions already written and covered by the agreement

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

3. Schedule C - Accounting Procedures: Specific requirements for royalty calculations and statements

4. Schedule D - Restricted Uses: List of any restricted uses requiring special approval

5. Appendix 1 - Assignment of Copyright: Formal copyright assignment documentation

6. Appendix 2 - Mechanical License Template: Standard form for mechanical licensing of works

7. Appendix 3 - Marketing Commitments: Detailed marketing and promotion obligations of publisher

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

Entertainment

Media

Publishing

Digital Content

Film Production

Television Production

Advertising

Gaming

Performing Arts

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalty Administration

Artist & Repertoire

Publishing Administration

Licensing

Creative Services

Business Development

Finance

Digital Rights Management

Relevant Roles

Music Publisher

Songwriter

Copyright Manager

Legal Counsel

Licensing Manager

A&R Manager

Music Industry Executive

Rights Administrator

Publishing Director

Contract Manager

Business Affairs Manager

Creative Director

Royalty Manager

Music Supervisor

Publishing Coordinator

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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