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Music Publishing Contract Template for New Zealand

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Key Requirements PROMPT example:

Music Publishing Contract

"I need a Music Publishing Contract for a New Zealand indie rock band granting worldwide rights to their future compositions for a 3-year term starting January 2025, with specific provisions for digital platform revenue sharing and the option to extend for two additional years."

Document background
The Music Publishing Contract serves as a crucial legal instrument in New Zealand's music industry, establishing the framework for the commercial relationship between creators of musical works and publishing entities. This document is essential when a songwriter or composer wishes to partner with a publisher for the exploitation and administration of their musical works. It encompasses key elements such as rights assignment, royalty arrangements, territorial scope, and administrative responsibilities, all aligned with New Zealand's legal framework, particularly the Copyright Act 1994 and related legislation. The contract is designed to protect both parties' interests while facilitating the commercial exploitation of musical works across various platforms and territories, making it a fundamental tool in modern music industry operations.
Suggested Sections

1. Parties: Identification of the songwriter/composer and the music publisher

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Works', 'Territory', 'Publishing Rights', 'Net Revenue'

4. Grant of Rights: Specific rights being transferred to the publisher, including reproduction, distribution, and licensing rights

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

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

7. Songwriter Obligations: Songwriter's duties, warranties, and commitments regarding the works

8. Royalties and Payment: Payment terms, royalty rates, and calculation methods

9. Accounting and Statements: Requirements for financial reporting and payment schedules

10. Copyright Registration: Obligations regarding copyright registration and protection of the works

11. Moral Rights: Recognition and protection of moral rights under New Zealand law

12. Termination: Conditions and procedures for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and interpretation

Optional Sections

1. Sub-Publishing: Terms for appointing sub-publishers in other territories - include when international exploitation is anticipated

2. Minimum Commitment: Minimum number of works to be delivered - include for exclusive songwriter agreements

3. Advance Payments: Terms for advance payments against future royalties - include when advances are offered

4. Digital Rights: Specific provisions for digital exploitation - include for contemporary agreements with significant digital focus

5. Writer's Share Collection: Terms for direct collection of writer's share - include when relevant to the specific arrangement

6. Co-Writing: Provisions for works created with other writers - include when songwriter regularly collaborates

7. Existing Works: Terms covering previously created works - include when agreement covers existing catalogue

8. Creative Control: Provisions for approval rights over use of works - include for high-profile songwriters

Suggested Schedules

1. Schedule 1: Works: List of musical 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 promotional and exploitation activities required of the publisher

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

5. Appendix A: Assignment of Copyright: Formal assignment of copyright document

6. Appendix B: Mechanical Licensing Terms: Standard terms for mechanical licensing

7. Appendix C: Digital Exploitation Terms: Specific terms for digital platforms and uses

8. Appendix D: Sub-Publishing Territory List: List of territories and appointed sub-publishers

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































































Clauses








































Relevant Industries

Music Industry

Entertainment

Media

Publishing

Intellectual Property

Arts and Culture

Digital Media

Recording Industry

Performance Rights

Creative Industries

Relevant Teams

Legal

Rights Management

Business Affairs

Royalties

Copyright Administration

Artist & Repertoire

Publishing Administration

Licensing

Contract Administration

Business Development

Relevant Roles

Music Publisher

Rights Administrator

Legal Counsel

Copyright Manager

Contracts Manager

A&R Manager

Business Affairs Manager

Royalty Manager

Publishing Director

Creative Director

Music Supervisor

Legal Officer

Licensing Manager

Artist Manager

Business Development Manager

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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