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Composer Publisher Agreement for Germany

Composer Publisher Agreement Template for Germany

A Composer Publisher Agreement under German law establishes the legal relationship between a composer and a music publisher, governed by the German Copyright Act (Urheberrechtsgesetz) and related legislation. This agreement details the transfer of publishing rights, royalty arrangements, and exploitation terms while preserving the composer's moral rights as required under German law. It includes specific provisions for GEMA membership and rights administration, covering aspects such as reproduction, distribution, public performance, and adaptation rights, while ensuring compliance with German copyright protection standards.

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What is a Composer Publisher Agreement?

The Composer Publisher Agreement is a crucial legal document used in the German music industry to establish and regulate the relationship between composers and music publishers. This agreement is specifically designed to comply with German law, particularly the Urheberrechtsgesetz (German Copyright Act), which provides strong protection for authors' rights. The document is essential when a composer wishes to assign publishing rights to a publisher while retaining their moral rights, as required under German law. It covers key aspects such as rights assignment, royalty structures, exploitation terms, and GEMA (collecting society) arrangements. The agreement is particularly important for new compositions or when establishing ongoing publishing relationships, and must carefully balance the commercial interests of the publisher with the legal protections afforded to composers under German law.

What sections should be included in a Composer Publisher Agreement?

1. Parties: Identification of the composer and the music publisher, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the composer's profession and the publisher's business activities

3. Definitions: Key terms including 'Musical Works', 'Publishing Rights', 'Territory', 'Net Income', and other relevant industry-specific terminology

4. Grant of Rights: Specific rights granted by the composer to the publisher, including reproduction, distribution, public performance, and adaptation rights

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

6. Delivery and Acceptance: Requirements for submission of works and the publisher's acceptance process

7. Publishing Obligations: Publisher's duties regarding exploitation, promotion, and administration of the works

8. Composer's Warranties: Composer's guarantees regarding ownership, originality, and freedom from third-party claims

9. Payment Terms: Royalty rates, advances, accounting periods, and payment mechanisms

10. Collecting Society Rights: Provisions regarding GEMA membership and rights administration

11. Moral Rights: Protection of the composer's moral rights under German law

12. Termination: Conditions and procedures for ending the agreement

13. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes

What sections are optional to include in a Composer Publisher Agreement?

1. Co-Publishing Arrangements: Used when the publishing rights are shared with another publisher

2. Sub-Publishing: Include when contemplating appointment of sub-publishers in other territories

3. Minimum Commitment: When specifying a minimum number of works to be delivered

4. Exclusivity Provisions: When the composer agrees to publish exclusively with the publisher

5. Synchronization Rights: Specific provisions for use of works in audiovisual productions

6. Digital Exploitation: Specific terms for digital and online use of works

7. Creative Control: When the composer wants approval rights over certain uses

8. Assignment and Sub-Contracting: When either party may need to transfer rights or obligations

What schedules should be included in a Composer Publisher Agreement?

1. Schedule 1: Musical Works: List of existing works covered by the agreement

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty percentages for different types of use

3. Schedule 3: Minimum Activity Requirements: Specific promotion and exploitation commitments by the publisher

4. Schedule 4: Accounting Procedures: Detailed procedures for royalty calculations and reporting

5. Schedule 5: Territories: Detailed list of countries where rights are granted

6. Appendix A: GEMA Membership Details: Information about collecting society arrangements

7. Appendix B: Approved Sub-Publishers: List of pre-approved sub-publishers 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

Germany

Publisher

Ƶ

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions

















































Clauses







































Relevant Industries

Music

Entertainment

Media

Publishing

Digital Content

Performing Arts

Broadcasting

Film and Television

Gaming

Relevant Teams

Legal

Publishing

Business Affairs

Copyright

Royalties

Artist & Repertoire

Licensing

Rights Administration

Creative

Contract Administration

Relevant Roles

Composer

Songwriter

Music Publisher

Publishing Director

Legal Counsel

Copyright Manager

Royalty Manager

Business Affairs Manager

A&R Director

Music Licensing Manager

Rights Administrator

Publishing Administrator

Creative Director

Contract Manager

Music Industry Consultant

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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