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Exclusive Songwriter Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Songwriter Agreement

"I need an Exclusive Songwriter Agreement for an electronic music producer based in Melbourne who will be creating music for video games and streaming platforms, with a focus on international digital distribution rights and a minimum commitment of 12 tracks per year starting March 2025."

Document background
The Exclusive Songwriter Agreement is a fundamental contract in the music publishing industry, used when a music publisher wishes to secure exclusive rights to a songwriter's creative output. This agreement, drafted under Australian law, typically covers multiple years and establishes the comprehensive framework for the commercial relationship between the parties. It includes essential provisions for copyright assignment, royalty structures, minimum delivery commitments, and exploitation rights across various media. The document is particularly important for establishing clear rights management in the digital age, ensuring compliance with Australian copyright law, and protecting both the songwriter's creative interests and the publisher's commercial investment. The agreement should be used when entering into long-term, exclusive publishing arrangements and requires careful consideration of both current and future exploitation opportunities.
Suggested Sections

1. Parties: Identifies the contracting parties - typically the songwriter and the music publisher/company

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

3. Definitions: Defines key terms used throughout the agreement, including 'Compositions', 'Publishing Rights', 'Territory', and 'Term'

4. Term and Territory: Specifies the duration of the agreement and the geographical areas where it applies

5. Grant of Rights: Details the exclusive rights being granted to the publisher, including publishing, licensing, and exploitation rights

6. Delivery Obligations: Specifies the songwriter's obligations regarding delivery of compositions, including minimum commitment and timeframes

7. Royalties and Payments: Details the payment structure, including advances, royalty rates, and payment schedules

8. Accounting and Auditing: Outlines the publisher's obligations regarding royalty accounting and the songwriter's audit rights

9. Warranties and Representations: Contains the songwriter's warranties regarding ownership and originality of compositions

10. Publishing and Exploitation: Details the publisher's obligations regarding exploitation and promotion of the compositions

11. Moral Rights: Addresses the handling of the songwriter's moral rights under copyright law

12. Termination: Sets out circumstances and procedures for terminating the agreement

13. General Provisions: Standard contractual provisions including notices, assignment, governing law, and dispute resolution

Optional Sections

1. Co-Writing Arrangements: Required when the songwriter regularly collaborates with other writers, detailing how co-written works are handled

2. Synchronization Rights: Detailed section needed when film/TV synchronization is a significant focus

3. Digital Exploitation: Specific provisions for digital platforms and new media when particularly relevant

4. Producer Services: Include when the songwriter also provides production services

5. Sample Clearance: Required when the songwriter regularly uses samples in their compositions

6. Publishing Administration: Detailed administrative provisions for larger publishing deals

7. Creative Control: Include when the songwriter requires specific approval rights over use of compositions

8. Career Development: Include when the publisher takes on career development responsibilities

Suggested Schedules

1. Schedule 1: Existing Compositions: List of songwriter's existing works covered by the agreement

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty rates for different types of usage

3. Schedule 3: Minimum Commitment: Details of the minimum number of compositions required and delivery schedule

4. Schedule 4: Advance Payment Schedule: Schedule of advance payments and recoupment terms

5. Schedule 5: Restricted Compositions: List of any compositions excluded from the agreement

6. Appendix A: Assignment of Copyright: Formal assignment of copyright documentation

7. Appendix B: Power of Attorney: Standard power of attorney for publisher to administer rights

8. Appendix C: Certificate of Originality: Standard form for certifying originality of new compositions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 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

Film and Television

Advertising

Gaming

Performing Arts

Relevant Teams

Legal

Business Affairs

Copyright

Licensing

Royalties

Artist & Repertoire

Publishing Administration

Creative

Rights Management

Finance

Relevant Roles

Music Publisher

Songwriter

Entertainment Lawyer

Copyright Manager

Licensing Manager

A&R Manager

Music Publishing Administrator

Rights Manager

Business Affairs Manager

Creative Director

Legal Counsel

Contract Administrator

Royalty Manager

Publishing Director

Music Supervisor

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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