The Song Writer Contract is essential in the modern music industry for protecting both creative and commercial interests. This agreement, governed by English and Welsh law, is typically used when a songwriter enters into a professional relationship with a publisher or record label for the creation and exploitation of musical works. It covers crucial elements such as copyright assignment or licensing, royalty structures, delivery requirements, and creative control. The contract ensures compliance with the Copyright, Designs and Patents Act 1988 while addressing industry-specific needs like co-writing arrangements and publishing rights management.
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1. Parties: Identification of contracting parties (songwriter and publisher/company)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including Musical Works, Publishing Rights, Territories
4. Grant of Rights: Specific rights being transferred or licensed, including copyright assignment or license terms
5. Compensation: Payment terms, royalties, advances, and calculation methods
6. Delivery Requirements: Specifications for song delivery, format, and acceptance criteria
7. Term and Termination: Duration of agreement and circumstances for termination
8. Warranties and Representations: Guarantees regarding ownership, originality, and non-infringement of third-party rights
1. Minimum Commitment: Specifies minimum number of songs to be delivered during the term - used for exclusive songwriting agreements
2. Co-Writing Provisions: Terms governing collaboration with other songwriters, including rights split and approvals
3. Publishing Company Assignment: Terms for assigning rights to a publishing company when songwriter has their own publishing entity
4. Moral Rights: Specific provisions regarding attribution and integrity rights under CDPA 1988
1. Schedule of Existing Works: Comprehensive list of songs already written and covered by the agreement
2. Royalty Calculations: Detailed breakdown of royalty percentages, payment calculations, and deductions
3. Approved Co-Writers: List of pre-approved collaboration partners and terms of collaboration
4. Territory Restrictions: Detailed list of territories where rights are granted or restricted
Relevant legal definitions
Clauses
Relevant Industries
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