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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."
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
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
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
Music
Entertainment
Media
Publishing
Digital Media
Film and Television
Advertising
Gaming
Performing Arts
Legal
Business Affairs
Copyright
Licensing
Royalties
Artist & Repertoire
Publishing Administration
Creative
Rights Management
Finance
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
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