A Co-Publishing Agreement is utilized when two parties wish to share the ownership and administration of music publishing rights. This document is essential in the UK music industry where collaborative publishing arrangements are common. The agreement, governed by English and Welsh law, typically covers revenue sharing, territories, exploitation rights, and administrative responsibilities. It ensures compliance with the Copyright, Designs and Patents Act 1988 and provides a framework for joint ownership and exploitation of musical works. The agreement is particularly relevant when publishers want to combine resources and expertise to maximize the commercial potential of musical compositions.
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1. Parties: Identification of all parties to the agreement including full legal names and addresses
2. Background: Context of the agreement and brief description of why parties are entering into it
3. Definitions: Key terms used throughout the agreement
4. Grant of Rights: Specific rights being granted between the parties regarding the musical works
5. Term and Territory: Duration of the agreement and geographical scope
6. Income Shares: Revenue split between parties and payment terms
7. Accounting and Payments: Details of how and when payments will be made and accounting procedures
8. Warranties and Representations: Legal promises made by each party
9. Termination: Circumstances under which the agreement can be ended
1. Minimum Commitment: Specific commitments required from either party - use when parties want to ensure minimum performance levels
2. Sub-Publishing: Rights and terms for sub-publishing arrangements - use when international exploitation is contemplated
3. Retention of Rights: Specific rights retained by original publisher - use when certain rights are to be excluded from the agreement
4. Creative Control: Provisions regarding approval rights for usage - use when specific control over work usage is required
1. Schedule 1 - Works: List of musical works covered by the agreement
2. Schedule 2 - Income Splits: Detailed breakdown of revenue sharing arrangements
3. Schedule 3 - Territories: Detailed list of territories covered
4. Schedule 4 - Accounting Procedures: Detailed procedures for royalty calculations and payments
5. Appendix A - Standard Terms: Industry standard terms incorporated by reference
Relevant legal definitions
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