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Music Royalty Split Agreement for Australia

Music Royalty Split Agreement Template for Australia

A Music Royalty Split Agreement is a legally binding document used in Australia to formalize the division of royalty payments among various rights holders of a musical work. The agreement operates under Australian copyright law, particularly the Copyright Act 1968 (Cth), and establishes clear mechanisms for revenue sharing from various exploitation methods including streaming, physical sales, synchronization, and performance rights. It includes detailed provisions for payment calculations, distribution methods, audit rights, and reporting requirements, all while ensuring compliance with Australian legal requirements and industry standards.

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What is a Music Royalty Split Agreement?

The Music Royalty Split Agreement is essential in the Australian music industry whenever multiple parties have rights or creative input in a musical work. This document is particularly crucial when collaborators need to formalize their revenue-sharing arrangements. The agreement details how income from various sources (such as streaming, physical sales, synchronization, and performance rights) will be divided, ensuring all parties' interests are protected under Australian law. It typically includes comprehensive information about the musical work, the parties involved, their respective percentage shares, payment mechanisms, and reporting requirements. The agreement must comply with Australian copyright legislation, particularly the Copyright Act 1968 (Cth), and should account for both current and future revenue streams. This type of agreement is fundamental in preventing future disputes and ensuring transparent revenue distribution.

What sections should be included in a Music Royalty Split Agreement?

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background: Establishes the context of the agreement, including the musical work(s) involved and the parties' relationships

3. Definitions: Defines key terms used throughout the agreement, including types of royalties, exploitation methods, and territory

4. Ownership Declaration: Clear statement of copyright ownership and creative contributions

5. Royalty Split Terms: Detailed breakdown of how royalties will be divided between parties

6. Revenue Streams: Specification of which revenue streams are included (mechanical, performance, synchronization, etc.)

7. Payment Terms: Details of payment frequency, method, and currency

8. Accounting and Statements: Requirements for financial reporting and audit rights

9. Term and Termination: Duration of the agreement and conditions for termination

10. Representations and Warranties: Parties' confirmations regarding rights ownership and authority to enter agreement

11. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Music Royalty Split Agreement?

1. International Rights: Additional provisions for international exploitation of the work(s)

2. Sample Clearance: Include when the work contains samples from other compositions

3. Producer Rights: Specific section for producer royalties when a producer is involved

4. Publishing Rights: Detailed publishing split arrangements when publishing rights are involved

5. NFT and Digital Rights: Special provisions for digital and blockchain-based exploitation

6. Live Performance Revenue: Include when live performance revenue is to be shared

7. Merchandising Rights: Include when merchandise revenue is to be shared

8. Credit Requirements: Specific requirements for how parties should be credited

9. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration

What schedules should be included in a Music Royalty Split Agreement?

1. Schedule A - Musical Work Details: Detailed information about the musical work(s) including registration numbers and composition date

2. Schedule B - Royalty Split Percentages: Detailed breakdown of split percentages for each revenue stream

3. Schedule C - Payment Details: Banking and payment information for all parties

4. Schedule D - Third Party Agreements: List of any relevant third party agreements affecting the splits

5. Schedule E - Copyright Registration Details: Details of copyright registrations and collecting society memberships

6. Appendix 1 - Sample Clearance Documentation: Copies of sample clearance agreements if applicable

7. Appendix 2 - Publishing Agreements: Copies of relevant publishing agreements if applicable

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

Australia

Publisher

Ƶ

Document Type

Music Agreement

Sector

Cost

Free to use
Relevant legal definitions
















































Clauses



































Relevant Industries

Music Industry

Entertainment

Media & Broadcasting

Digital Media

Publishing

Live Entertainment

Recording Industry

Performing Arts

Digital Entertainment

Copyright Management

Relevant Teams

Legal

Rights Management

Royalty Administration

Business Affairs

Copyright Administration

Finance

Licensing

Artist Relations

Publishing Administration

Repertoire Management

Relevant Roles

Music Rights Manager

Copyright Administrator

Legal Counsel

Music Publisher

Artist Manager

Business Affairs Manager

Royalty Administrator

Contract Manager

Music Licensing Manager

Rights and Repertoire Manager

A&R Manager

Music Industry Lawyer

Royalty Accounting Manager

Music Business Affairs Director

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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