Song Split Agreement Template for Netherlands

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Key Requirements PROMPT example:

Song Split Agreement

"I need a Song Split Agreement under Dutch law for a collaborative track between three songwriters and a producer, with the producer getting 15% of the rights, and the remaining 85% split equally between the songwriters, to be finalized before March 2025."

Document background
The Song Split Agreement is essential in the modern music industry where collaborative creation is common and clear documentation of rights is crucial. This document is typically used when multiple parties contribute to a musical work and need to formalize their respective ownership shares and rights. It becomes particularly important in the Netherlands due to specific legal requirements regarding moral rights and collecting society arrangements. The agreement should be created as soon as possible after the song's completion, ideally before any commercial exploitation begins. It includes vital information such as percentage splits of publishing and recording rights, collection and distribution mechanisms, and specific provisions required under Dutch law. The document serves both creative collaborators and business entities in establishing clear ownership and administration frameworks for musical works.
Suggested Sections

1. Parties: Identification of all parties involved in the song creation, including composers, lyricists, producers, and any other contributors claiming a share

2. Background: Context of the song's creation, including when and how it was created, and the contributions made by each party

3. Definitions: Key terms used in the agreement, including 'Composition', 'Recording', 'Publishing Rights', 'Performance Rights', etc.

4. Song Details: Specific information about the song, including title, duration, ISRC code (if available), and date of creation

5. Ownership Splits: Detailed breakdown of percentage splits for both publishing rights and recording rights

6. Rights and Obligations: Specification of rights granted and retained by each party, including reference to moral rights under Dutch law

7. Revenue Collection and Distribution: Procedures for collecting and distributing royalties, including arrangements with collecting societies

8. Representations and Warranties: Parties' confirmations regarding ownership, originality, and right to enter into the agreement

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

Optional Sections

1. Producer Rights: Additional section when a producer is involved who claims rights in the composition (not just the recording)

2. Sample Clearance: Required when the song contains samples from other works, detailing clearance obligations and cost sharing

3. Publishing Administration: Optional section when parties agree to use a specific publisher to administer the composition

4. Sync Rights Administration: Procedures for handling synchronization licenses when relevant

5. Credit and Attribution: Detailed provisions about how parties should be credited in releases and promotional materials

6. Recording Costs: Include when there's an agreement about sharing or recouping recording costs

7. Future Versions: Provisions regarding remixes, alternative versions, or translations of the song

Suggested Schedules

1. Schedule 1: Song Information Sheet: Detailed technical information about the song including title, alternative titles, duration, genre, year of creation

2. Schedule 2: Ownership Split Table: Detailed percentage breakdowns for different rights types (publishing, recording, performance)

3. Schedule 3: Party Contact Information: Complete contact details and payment information for all parties

4. Schedule 4: Collection Society Registrations: List of relevant collection society memberships and registration numbers

5. Appendix A: Chain of Title: Documentation proving ownership rights where relevant (e.g., work for hire agreements, assignment agreements)

6. Appendix B: Sample Clearance Documentation: Copies of sample clearance licenses and correspondence if samples are used

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 Industry

Entertainment

Media

Digital Media

Publishing

Recording Industry

Live Entertainment

Broadcasting

Streaming Services

Copyright Administration

Relevant Teams

Legal

Business Affairs

Rights Management

Royalties

Publishing Administration

Artist & Repertoire

Copyright Administration

Music Licensing

Publishing Operations

Contract Administration

Relevant Roles

Music Attorney

Rights Manager

A&R Manager

Music Publisher

Business Affairs Manager

Copyright Administrator

Royalty Manager

Legal Counsel

Artist Manager

Publishing Administrator

Recording Artist

Producer

Songwriter

Music Licensing Manager

Collection Society Representative

Industries
Dutch Copyright Act (Auteurswet): The primary legislation governing copyright in the Netherlands, which establishes the basic rights of authors and composers, including moral rights and economic rights that can be split between parties
Dutch Neighboring Rights Act (Wet op de naburige rechten): Regulates the rights of performing artists, producers, and broadcasters, which is crucial for determining the rights of performers and producers in the song
Dutch Civil Code (Burgerlijk Wetboek) - Book 6: Contains general provisions on contract law that govern the formation and execution of agreements, including requirements for valid contracts and provisions on breach of contract
Collective Management Organizations Act (Wet toezicht en geschillenbeslechting collectieve beheersorganisaties auteurs- en naburige rechten): Regulates how collecting societies like Buma/Stemra operate and manage rights, which is relevant for royalty collection and distribution
EU Directive 2014/26/EU: European directive on collective management of copyright and related rights, which has been implemented in Dutch law and affects how royalties are managed across EU territories
EU Copyright Directive (2019/790): Recent EU directive affecting digital use of copyrighted works, including music, which has been implemented in Dutch copyright law
Competition Act (Mededingingswet): Relevant for ensuring the song split agreement does not contain anti-competitive provisions, particularly important when dealing with publishing rights
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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