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Song Agreement for Austria

Song Agreement Template for Austria

An Austrian Song Agreement is a legally binding contract governed by Austrian law that establishes the terms and conditions for the ownership, exploitation, and administration of musical works. This agreement complies with Austrian copyright law (Urheberrechtsgesetz) and EU regulations, addressing crucial aspects such as rights transfer, royalty arrangements, and collection society relationships. It includes provisions for both traditional and digital exploitation of musical works, incorporating specific requirements of Austrian intellectual property law and collective rights management regulations. The document serves as a comprehensive framework for managing musical compositions' rights and commercial exploitation within Austria and potentially internationally.

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What is a Song Agreement?

The Song Agreement is a fundamental document in the Austrian music industry, used to establish legal and commercial relationships between creators, publishers, and other stakeholders in the music sector. This contract type is specifically designed to comply with Austrian copyright law (Urheberrechtsgesetz) and relevant EU directives, making it suitable for use within the Austrian jurisdiction and the broader European market. It covers essential elements including copyright ownership, royalty structures, collection society arrangements, and exploitation rights across various platforms and media. The agreement becomes necessary when formalizing arrangements for musical works' creation, exploitation, or administration, particularly when establishing publishing relationships or managing rights transfers. It includes specific provisions required under Austrian law regarding moral rights and fair compensation, while also addressing modern digital exploitation channels.

What sections should be included in a Song Agreement?

1. Parties: Identification of all parties to the agreement, including legal names, addresses, and roles (e.g., songwriter, publisher, producer)

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Rights', 'Territory', and 'Royalties'

4. Grant of Rights: Specific rights being transferred or licensed, including publishing, reproduction, and distribution rights

5. Ownership and Copyright: Clear statement of copyright ownership and any transfers or reservations of rights

6. Royalties and Payments: Detailed breakdown of payment terms, royalty rates, and calculation methods

7. Warranties and Representations: Guarantees by each party regarding ownership, originality, and right to enter into the agreement

8. Obligations: Specific duties of each party, including promotion, registration, and exploitation of the work

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

10. Moral Rights: Recognition and handling of moral rights under Austrian law

11. Collecting Society Provisions: Arrangements regarding collection society memberships and payments

12. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

13. General Provisions: Standard contractual clauses including notices, entire agreement, and severability

What sections are optional to include in a Song Agreement?

1. Co-Writer Provisions: Used when multiple songwriters are involved, detailing split of rights and royalties

2. Sub-Publishing: Include when international sub-publishing rights are being granted

3. Synchronization Rights: Special provisions for use in film, TV, or advertising

4. Digital Exploitation: Specific terms for digital platforms and streaming services

5. Producer Rights: Include when the agreement involves producer royalties or rights

6. Minimum Commitment: Used when specifying minimum number of songs or recordings required

7. Advance Payments: Include when advance payments are part of the deal

8. Assignment and Sub-Licensing: Terms for transferring rights to third parties

9. Promotional Use: Special terms for promotional and marketing purposes

What schedules should be included in a Song Agreement?

1. Schedule 1 - Musical Works: Detailed list of songs covered by the agreement, including titles, writers, and composers

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

3. Schedule 3 - Territory: Specific definition of territorial scope and any territorial restrictions

4. Schedule 4 - Collecting Society Registrations: Details of existing collecting society registrations and splits

5. Appendix A - Co-Writer Agreements: Copies of any relevant co-writer agreements or split sheets

6. Appendix B - Copyright Registrations: Copies of copyright registrations or certificates

7. Appendix C - Prior Agreements: Copies of any relevant prior agreements affecting the musical works

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Music Agreement

Cost

Free to use
Relevant legal definitions


















































Clauses









































Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Broadcasting

Film & Television

Advertising

Gaming

Live Entertainment

Relevant Teams

Legal

Business Affairs

Copyright Administration

Licensing

Royalties

Publishing

Content Acquisition

Artist & Repertoire

Rights Management

Contract Administration

Relevant Roles

Music Publisher

Copyright Manager

Legal Counsel

Contracts Manager

Rights Administrator

Business Affairs Manager

A&R Manager

Music Supervisor

Publishing Manager

Licensing Manager

Royalty Manager

Content Acquisition Manager

Music Industry Lawyer

Creative Director

Artist Manager

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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