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Music Publishing Contract
"I need a Music Publishing Contract for a South African jazz composer who's granting worldwide rights to their upcoming album of 12 original compositions, with special provisions for sync licensing approval rights and a 25% advance payment due by March 2025."
1. Parties: Identification of the Publisher and the Songwriter/Composer, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the parties' business activities and intention to enter into a publishing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Works', 'Publishing Rights', 'Territory', 'Term', 'Net Revenue', etc.
4. Grant of Rights: Specific rights being granted to the publisher, including reproduction, distribution, synchronization, and adaptation rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Publisher's Obligations: Publisher's duties including promotion, exploitation, and administration of the musical works
7. Songwriter's Obligations: Songwriter's responsibilities, including delivery of works, cooperation in exploitation, and warranties regarding ownership
8. Royalties and Payment Terms: Detailed breakdown of royalty percentages, payment schedules, and accounting procedures
9. Moral Rights: Protection of the songwriter's moral rights and attribution requirements
10. Warranties and Indemnities: Representations regarding ownership, originality, and non-infringement of third-party rights
11. Termination: Circumstances under which the agreement can be terminated and the consequences of termination
12. General Provisions: Standard clauses including notices, entire agreement, governing law, and dispute resolution
1. Minimum Commitment: Used when the songwriter commits to delivering a minimum number of works during the term
2. Advance Payments: Include when the publisher is providing advance payments against future royalties
3. Sub-Publishing: Required when the publisher may appoint sub-publishers in other territories
4. Digital Rights: Specific provisions for digital exploitation when digital distribution is a significant focus
5. Synchronization Approval: Include when the songwriter wants approval rights for synchronization licenses
6. Artist Development: Used when the publisher commits to specific development or promotional activities
7. Reversion Rights: Include when there are conditions under which rights revert to the songwriter
8. Assignment to Third Parties: Required when either party may want to assign rights to third parties
1. Schedule A - Musical Works: List of all musical works covered by the agreement, including titles, composers, and registration numbers
2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different types of use and territories
3. Schedule C - Accounting Procedures: Specific requirements for royalty accounting, statements, and audit rights
4. Schedule D - Prior Commitments: List of any pre-existing agreements or licenses affecting the musical works
5. Appendix 1 - Assignment Form: Template for formal assignment of copyright in new works
6. Appendix 2 - Marketing Plan: Optional detailed marketing and promotion strategy for the works
7. Appendix 3 - Sub-Publisher Agreement Template: Standard form agreement for appointment of sub-publishers
Authors
Musical Works
Compositions
Publisher
Songwriter
Territory
Term
Effective Date
Publishing Rights
Mechanical Rights
Performance Rights
Synchronization Rights
Digital Rights
Sub-Publishing Rights
Collection Society
SAMRO
Net Revenue
Gross Revenue
Publisher's Share
Writer's Share
Advance
Recoupment
Exploitation
Administration Rights
Print Rights
Adaptation Rights
Derivative Works
Major Income Sources
Accounting Period
Payment Date
Commercial Release
Intellectual Property Rights
Moral Rights
Copyright
Publishing Period
Retention Period
Controlled Composition
Master Recording
Performing Rights Society
Mechanical Rights Society
Sub-Publisher
Marketing
Promotion
Distribution Channels
Digital Service Providers
Streaming Platforms
Broadcasting Rights
Public Performance
Co-Writers
Split Sheet
Assignment
License
Grant of Rights
Term and Territory
Royalties
Advances
Accounting and Payment
Minimum Commitment
Delivery Requirements
Publisher Obligations
Songwriter Obligations
Warranties and Representations
Indemnification
Copyright Assignment
Moral Rights
Sub-Publishing
Marketing and Promotion
Synchronization Rights
Digital Exploitation
Collection Society
Audit Rights
Confidentiality
Non-Competition
Assignment
Termination
Force Majeure
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Third-Party Rights
Counterparts
Costs and Expenses
Further Assurance
Relationship of Parties
Exclusivity
Reversion Rights
Credit and Attribution
Music Industry
Entertainment
Media
Publishing
Digital Media
Film and Television
Advertising
Gaming
Performance Arts
Education and Training
Legal
Business Affairs
Rights Management
Royalties and Administration
Music Publishing
Copyright Administration
Artist & Repertoire
Digital Licensing
Contract Administration
Creative Services
Music Publisher
A&R Manager
Copyright Administrator
Legal Counsel
Music Licensing Manager
Royalty Manager
Business Affairs Director
Contract Administrator
Rights Manager
Music Industry Consultant
Publishing Administrator
Creative Director
Songwriter/Composer
Artist Manager
Music Industry Lawyer
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