The Composer Agreement (Komponistenvertrag) is essential for any project requiring original musical composition under German law. It is used when commissioning original music for various purposes, including film scores, video games, advertising, theatrical productions, or concert performances. This document addresses the specific requirements of German copyright law, which strongly protects authors' rights and cannot be completely transferred. The agreement covers crucial elements such as composition specifications, delivery timelines, rights usage, moral rights protection, and compensation structures. It must comply with German legal requirements regarding copyright (Urheberrecht), collecting societies (particularly GEMA), and moral rights (Urheberpersönlichkeitsrecht). The document is particularly important given Germany's strict author protection laws and the complexity of music rights management in the digital age.
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1. Parties: Identification of the composer and the commissioning party with full legal details
2. Background: Context of the agreement, including the purpose of the commission and general intent of the parties
3. Definitions: Key terms used throughout the agreement, including 'Work', 'Delivery', 'Commercial Exploitation', and 'Territory'
4. Scope of Commission: Detailed description of the musical work(s) to be composed, including any specific requirements or characteristics
5. Composer's Obligations: Responsibilities of the composer, including delivery deadlines, revision processes, and quality standards
6. Rights Grant: Specific rights being transferred or licensed, considering German copyright law's restrictions on total rights transfer
7. Moral Rights: Protection of the composer's moral rights (Urheberpersönlichkeitsrecht) including right of attribution and integrity
8. Compensation: Payment terms, including upfront fees, royalties, and payment schedule
9. Delivery and Acceptance: Process for submitting work, acceptance criteria, and revision procedures
10. Warranties and Representations: Composer's guarantees regarding originality and non-infringement
11. Term and Termination: Duration of the agreement and conditions for early termination
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Collective Rights Management: Terms regarding GEMA membership and collection of royalties through collecting societies - include when composer is or will be a GEMA member
2. Digital Distribution: Specific terms for online and digital exploitation - include when digital distribution is anticipated
3. Synchronization Rights: Terms for use of the work in audiovisual productions - include when audio-visual use is contemplated
4. Sub-Publishing: Terms for publishing rights in other territories - include for international exploitation
5. Exclusivity: Restrictions on composer creating similar works - include when uniqueness is crucial
6. Credit and Attribution Requirements: Detailed requirements for crediting the composer - include for high-profile projects
7. Live Performance Rights: Terms regarding live performance of the work - include for concert or stage works
8. Collaborative Works: Terms for works created with other composers - include for collaborative projects
1. Schedule A - Work Specification: Detailed technical and artistic requirements for the commissioned work(s)
2. Schedule B - Delivery Requirements: Technical specifications for delivery format, including file formats, sampling rates, etc.
3. Schedule C - Payment Schedule: Detailed breakdown of payment terms, installments, and royalty calculations
4. Schedule D - Approved Uses: List of specifically approved uses and exploitation methods for the work
5. Schedule E - Credit Requirements: Detailed requirements for composer credits in different contexts
6. Appendix 1 - GEMA Registration Form: Required forms for registering the work with GEMA, if applicable
7. Appendix 2 - Technical Specifications: Detailed technical requirements for the composition, including instrumentation or electronic specifications
Relevant legal definitions
Clauses
Relevant Industries
Music and Entertainment
Media Production
Gaming Industry
Film and Television
Performing Arts
Advertising
Digital Media
Broadcasting
Theater and Stage Production
Music Education
Relevant Teams
Legal
Rights Management
Creative
Production
Business Affairs
Music Publishing
Content Acquisition
Artistic Direction
Project Management
Copyright Administration
Relevant Roles
Music Director
Creative Director
Legal Counsel
Copyright Manager
Production Manager
Game Producer
Film Producer
Theater Director
Artistic Director
Content Acquisition Manager
Rights Manager
A&R Manager
Music Supervisor
Publishing Manager
Business Affairs Director
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