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.
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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
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
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
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
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