Song Collaboration Agreement Template for Nigeria

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Key Requirements PROMPT example:

Song Collaboration Agreement

"I need a Song Collaboration Agreement for a project between a Nigerian afrobeats artist and an international producer, with a 60-40 revenue split, planned for release in March 2025, including worldwide digital distribution rights and specific provisions for music video production."

Document background
The Song Collaboration Agreement is essential for any musical project in Nigeria involving multiple creative contributors. This document becomes necessary when two or more artists, producers, or songwriters decide to create music together, establishing clear terms for their creative partnership. It covers crucial aspects such as copyright ownership, revenue distribution, creative control, and exploitation rights, all within the framework of Nigerian law, particularly the Copyright Act and related music industry regulations. The agreement is designed to prevent future disputes by clearly documenting each party's contributions, rights, and obligations. It includes specific provisions for different revenue streams (including digital platforms, which are increasingly important in the Nigerian music market), performance rights, and international exploitation of the work. The Song Collaboration Agreement should be put in place before any significant work begins on the collaborative project, ideally during the initial planning stages.
Suggested Sections

1. Parties: Identifies and provides full details of all collaborating parties, including their professional names, legal names, and addresses

2. Background: Outlines the context of the collaboration, including the intended project and the parties' desire to work together

3. Definitions: Defines key terms used throughout the agreement, including 'Work', 'Revenue', 'Recording', 'Publishing Rights', etc.

4. Scope of Collaboration: Details the nature of the collaboration, including the song(s) to be created and each party's creative contributions

5. Ownership and Rights: Establishes the ownership split of the copyright and related rights in the musical work and recording

6. Revenue Sharing: Specifies how different revenue streams (including royalties, licensing fees, and performance income) will be shared

7. Credit and Attribution: Specifies how the collaborators will be credited on recordings, in marketing, and other materials

8. Recording and Production: Outlines the practical arrangements for recording, including studio time, costs, and production decisions

9. Exploitation Rights: Details how the song can be used, licensed, or sold, and who has authority to approve such uses

10. Accounting and Payment: Establishes the mechanism for collecting, accounting for, and distributing revenue

11. Warranties and Representations: Contains promises by each party about their right to enter the agreement and contribution originality

12. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement provisions

Optional Sections

1. Producer Rights: Required when a producer is involved in the collaboration, detailing their rights, fees, and royalty arrangements

2. Sample Clearance: Needed if the song contains samples from other works, detailing clearance responsibilities and costs

3. Music Video Rights: Include when addressing the creation and ownership of music videos for the song

4. Live Performance Rights: Necessary when specifying arrangements for live performances of the song

5. International Rights: Include when the collaboration is intended for international exploitation

6. Social Media and Marketing: Required when specifying obligations for promoting the song on social media and other platforms

7. Moral Rights: Include when specifically addressing the waiver or assertion of moral rights under Nigerian law

8. Dispute Resolution: Optional detailed procedure for resolving disputes through mediation or arbitration before court proceedings

Suggested Schedules

1. Schedule 1 - Song Details: Technical details of the song including working title, genre, BPM, key, and projected completion date

2. Schedule 2 - Ownership Split: Detailed breakdown of copyright ownership percentages and revenue share calculations

3. Schedule 3 - Budget: Breakdown of recording, production, and marketing costs and who will bear them

4. Schedule 4 - Timeline: Project timeline including recording dates, release schedule, and marketing milestones

5. Appendix A - Contribution Schedule: Detailed description of each party's creative contributions to the work

6. Appendix B - Payment Details: Banking and payment information for all parties

7. Appendix C - Marketing Plan: Optional detailed marketing and promotion strategy for the song

8. Appendix D - Sample Clearances: If applicable, documentation of all sample clearances and associated licenses

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

Digital Content

Performing Arts

Recording Industry

Publishing

Digital Distribution

Live Entertainment

Relevant Teams

Legal

Business Affairs

Artist & Repertoire

Copyright Administration

Royalty Administration

Publishing

Artist Management

Production

Digital Distribution

Marketing

Relevant Roles

Music Attorney

Entertainment Lawyer

Artist Manager

A&R Manager

Music Producer

Recording Artist

Songwriter

Legal Counsel

Rights Manager

Business Affairs Manager

Music Publishing Manager

Contract Administrator

Copyright Administrator

Royalty Manager

Music Business Consultant

Industries
Copyright Act (Cap C28, Laws of the Federation of Nigeria 2004): Primary legislation governing intellectual property rights in Nigeria, including protection of musical works, sound recordings, and arrangements. Crucial for establishing ownership and rights transfer in musical collaborations.
Nigerian Copyright Commission (NCC) Regulations: Regulatory framework that provides specific guidelines for copyright registration, licensing, and administration of musical works in Nigeria.
Contract Law (derived from Common Law): Governs the formation and enforcement of contracts in Nigeria, including essential elements like offer, acceptance, consideration, and capacity to contract.
Performers' Rights (under Copyright Act): Specific provisions protecting the rights of performers, including the right to control fixation, broadcasting, and reproduction of their performances.
Companies and Allied Matters Act (CAMA) 2020: Relevant if any of the collaborating parties are operating as registered business entities or companies in Nigeria.
Nigerian Broadcasting Commission (NBC) Act: Regulates broadcasting rights and licensing for musical content in Nigeria, which may affect the commercial exploitation of the collaborative work.
Personal Income Tax Act: Governs the taxation of income earned from the musical collaboration, including royalties and performance fees.
Musical Copyright Society Nigeria (MCSN) Guidelines: Regulations from the authorized Collective Management Organization for musical works in Nigeria, dealing with collection and distribution of royalties.
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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