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Individual Song Agreement Template for Australia

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Key Requirements PROMPT example:

Individual Song Agreement

"I need an Individual Song Agreement for a dance track I've written, to be published in Australia and New Zealand only, with specific provisions for streaming platform rights and a 70-30 royalty split in my favor as the songwriter."

Document background
The Individual Song Agreement is a fundamental contract in the music industry, used when a songwriter wishes to grant rights to their musical composition to a publisher or company. This agreement type is particularly important in the Australian market, where it must comply with specific requirements of the Copyright Act 1968 (Cth) and recognize moral rights provisions. It's typically used for single-song deals rather than entire catalogs, making it ideal for new songwriters, one-off collaborations, or specific project arrangements. The document covers essential elements including ownership rights, royalty structures, territory definitions, and exploitation rights across various media platforms. It's designed to protect both the creator's interests and the publisher's investment while ensuring clear parameters for the song's commercial exploitation.
Suggested Sections

1. Parties: Identification of the songwriter(s) and the publisher/company acquiring rights

2. Background: Context of the agreement, confirmation of song ownership, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Work', 'Territory', 'Term', 'Rights', 'Royalties', etc.

4. Grant of Rights: Specific rights being transferred or licensed to the publisher/company

5. Term and Territory: Duration of the agreement and geographical scope of the rights granted

6. Songwriter Warranties and Representations: Songwriter's guarantees regarding ownership, originality, and right to enter agreement

7. Payment and Royalties: Payment terms, royalty rates, and accounting provisions

8. Moral Rights: Acknowledgment and handling of moral rights under Australian law

9. Credit and Attribution: Requirements for crediting the songwriter

10. Termination: Circumstances under which the agreement can be terminated and consequences

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Co-Writer Provisions: Used when multiple writers are involved in creating the song

2. Sample Clearance: Required when the song contains samples from other works

3. Sub-Publishing: Included when international sub-publishing rights are being granted

4. Synchronization Rights: Specific provisions for sync licensing if separately negotiated

5. Digital Platform Rights: Specific provisions for digital/streaming platforms if needed

6. Recording Obligations: If the agreement includes requirements for specific recordings

7. Promotion and Marketing: When specific promotional obligations are included

8. Audit Rights: Detailed audit provisions for high-value agreements

Suggested Schedules

1. Schedule A - Song Details: Full details of the song including title, writers, composers, duration, genre

2. Schedule B - Payment Terms: Detailed breakdown of advances, royalty rates, and payment structures

3. Schedule C - Territory List: Specific territories covered by the agreement and any territory-specific terms

4. Schedule D - Minimum Commitment: Any minimum promotion or exploitation commitments

5. Appendix 1 - Copyright Registration: Copy of copyright registration or related documentation

6. Appendix 2 - Co-Writer Agreements: Copies of any relevant co-writer agreements or permissions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Broadcasting

Film and Television

Advertising

Gaming

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalties

Artist & Repertoire

Publishing

Licensing

Rights Management

Creative Services

Finance

Digital Operations

Relevant Roles

Music Publisher

Copyright Manager

Legal Counsel

Contracts Manager

A&R Manager

Business Affairs Manager

Licensing Manager

Royalty Manager

Music Supervisor

Publishing Administrator

Rights Manager

Creative Director

Songwriter/Composer

Artist Manager

Publishing Coordinator

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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