Songwriter Agreement Template for Malaysia

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Key Requirements PROMPT example:

Songwriter Agreement

"I need a Songwriter Agreement for a Malaysian indie artist who will be creating 12 original songs for our record label, with exclusive worldwide rights and a 60-40 royalty split in favor of the songwriter, starting March 1, 2025."

Document background
The Songwriter Agreement is a crucial legal document used in the Malaysian music industry to formalize the relationship between songwriters and music publishers or companies. This agreement is essential when a songwriter wishes to commercialize their musical works through a publisher or when a publisher wants to acquire rights to a songwriter's compositions. The document must comply with Malaysian legal requirements, particularly the Copyright Act 1987 and music industry regulations. It typically includes detailed provisions for copyright assignment or licensing, royalty calculations and payments, minimum delivery requirements, and exploitation rights across various platforms. The agreement also addresses modern digital distribution channels and international rights management, making it relevant for both domestic and international music markets.
Suggested Sections

1. Parties: Identification of the songwriter and the publisher/company, including full legal names and addresses

2. Background: Context of the agreement, establishing the songwriter's expertise and the publisher's business

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

4. Grant of Rights: Specific rights being transferred or licensed to the publisher, including copyright assignments

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

6. Delivery Obligations: Songwriter's obligations regarding delivery of songs, minimum commitments, and quality standards

7. Compensation: Payment terms, including advances, royalties, and payment schedules

8. Rights and Obligations: Detailed responsibilities of both parties, including promotion and exploitation of works

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

10. Termination: Conditions for ending the agreement and consequences of termination

11. General Provisions: Standard legal clauses including notices, amendments, and governing law

Optional Sections

1. Co-Writing Provisions: Used when the songwriter collaborates with other writers, defining rights splits and administration

2. Digital Distribution: Specific terms for online and digital exploitation of works

3. Minimum Commitment: When specific quantity of songs is required within set timeframes

4. Exclusivity Provisions: When the songwriter is required to work exclusively with the publisher

5. Publishing Administration: Detailed terms for publishing administration if separate from main publishing rights

6. Sync Rights: Special provisions for synchronization rights in film, TV, and other media

7. Creative Control: Terms regarding artistic control and approval rights

8. International Exploitation: Specific terms for international marketing and distribution

Suggested Schedules

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

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

3. Schedule C - Minimum Delivery Requirements: Specific requirements for song delivery including quantity and deadlines

4. Schedule D - Approved Third-Party Publishers: List of approved sub-publishers for international territories

5. Appendix 1 - Song Registration Form: Template for registering new songs under the agreement

6. Appendix 2 - Copyright Assignment Form: Standard form for transferring copyright of new 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

Relevant legal definitions
Clauses
Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Performing Arts

Recording Industry

Copyright Management

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalty Administration

Artist & Repertoire

Publishing

Rights Management

Music Licensing

Creative

Contract Administration

Relevant Roles

Music Publisher

Legal Counsel

Copyright Manager

A&R Manager

Royalty Administrator

Business Affairs Manager

Creative Director

Contracts Manager

Publishing Administrator

Rights Manager

Music Licensing Manager

Legal Director

Songwriter

Composer

Publishing Executive

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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