The Music Publishing Contract serves as the foundational agreement between creators of musical works and publishing companies in Belgium. It is essential when a songwriter or composer wishes to professionally exploit their musical works through a publisher's services. The contract must comply with Belgian copyright law, which provides strong protection for authors' moral rights, and relevant EU regulations. This agreement typically covers grant of rights, exploitation terms, revenue sharing, collection society relationships, and publisher obligations. It's particularly important to note that under Belgian law, certain moral rights cannot be waived, and the contract must reflect this. The document should be used when establishing new publishing relationships or renewing existing ones, and requires careful consideration of both current and future exploitation methods, including digital platforms.
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1. Parties: Identification of the Author/Composer and the Publisher, including full legal names and addresses
2. Background: Context of the agreement, information about the musical works, and the parties' intentions
3. Definitions: Key terms including Musical Works, Net Revenue, Territory, Publishing Rights, Exploitation, etc.
4. Grant of Rights: Specific rights being transferred to the publisher, including reproduction, distribution, and adaptation rights
5. Moral Rights: Recognition and protection of the author's moral rights under Belgian law
6. Term and Territory: Duration of the agreement and geographical scope of the rights granted
7. Publisher Obligations: Publisher's duties regarding exploitation, promotion, and administration of the works
8. Royalties and Payment Terms: Revenue sharing percentages, payment frequency, accounting procedures, and audit rights
9. Collective Management: Relationship with collecting societies and administration of rights
10. Warranties and Representations: Author's guarantees regarding ownership and originality of works
11. Assignment and Sub-Publishing: Rights and limitations regarding transfer of rights to third parties
12. Termination: Conditions for ending the agreement and consequences of termination
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution procedures
1. Advance Payments: Include when the publisher is providing upfront payments to the author
2. Minimum Performance Requirements: Include when setting specific exploitation or revenue targets for the publisher
3. Co-Writing Provisions: Include when the works involve multiple authors or composers
4. Sync Rights: Detailed section on synchronization rights when focus is on film/TV placement
5. Digital Exploitation: Specific provisions for online platforms and digital distribution when relevant
6. Creative Control: Include when author wants approval rights over certain uses
7. Foreign Language Versions: Include when contemplating translations or adaptations in other languages
8. Retention of Master Recording Rights: Include when author retains sound recording rights
1. Schedule A - Musical Works: List of all musical compositions covered by the agreement
2. Schedule B - Revenue Sharing Percentages: Detailed breakdown of revenue splits for different types of exploitation
3. Schedule C - Accounting Procedures: Specific requirements for royalty calculations and reporting
4. Schedule D - Territories: Detailed list of territories and any territory-specific terms
5. Schedule E - Sub-Publishers: List of approved sub-publishers if any are pre-agreed
6. Appendix 1 - Copyright Registrations: Details of existing copyright registrations for the works
7. Appendix 2 - Prior Agreements: List of any pre-existing agreements affecting the works
8. Appendix 3 - Collecting Society Memberships: Details of author's and publisher's collecting society affiliations
Relevant legal definitions
Clauses
Relevant Industries
Music Industry
Entertainment
Media
Publishing
Digital Media
Film and Television
Advertising
Gaming Industry
Performing Arts
Copyright Management
Relevant Teams
Legal
Business Affairs
Rights Administration
Royalties
Creative
International
Digital
Sync Licensing
Copyright Administration
Executive Management
Relevant Roles
Music Publisher
Copyright Manager
Legal Counsel
Contracts Manager
Business Affairs Director
A&R Manager
Royalties Administrator
Rights Manager
Publishing Administrator
Creative Director
Sync Licensing Manager
International Rights Manager
Digital Rights Manager
Music Supervisor
General Counsel
CEO of Publishing Company
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