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Music Publishing Contract for Philippines

Music Publishing Contract Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the relationship between a music publisher and a songwriter/composer. This contract defines the terms under which the publisher will manage, promote, and commercialize the songwriter's musical works, including details about rights assignment, royalty structures, and territorial scope. The document complies with the Philippine Intellectual Property Code (Republic Act No. 8293) and related music industry regulations, ensuring proper protection of both parties' interests while facilitating the commercial exploitation of musical works.

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What is a Music Publishing Contract?

The Music Publishing Contract is a crucial legal instrument in the Philippine music industry that formalizes the professional relationship between music publishers and creative artists. This document is essential when a songwriter or composer wishes to partner with a publisher to commercially exploit their musical works. It covers critical aspects such as copyright assignment, royalty payments, promotional obligations, and territorial rights, all while ensuring compliance with Philippine intellectual property laws, particularly the Intellectual Property Code (RA 8293). The contract is designed to protect both the creator's artistic interests and the publisher's commercial investment, providing clear guidelines for revenue sharing, work exploitation, and rights management. It's particularly important in the current digital age where music distribution spans multiple platforms and territories.

What sections should be included in a Music Publishing Contract?

1. Parties: Identification of the Publisher and the Songwriter/Composer, including complete legal names and addresses

2. Background: Context of the agreement, including brief description of the parties' business and purpose of the contract

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

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

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

6. Ownership and Copyright: Clear statement of copyright ownership, registration responsibilities, and rights retention

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

8. Songwriter Obligations: Songwriter's responsibilities, warranties, and commitments regarding the works

9. Royalties and Payment Terms: Detailed breakdown of royalty rates, payment schedules, and accounting procedures

10. Moral Rights: Recognition and protection of the songwriter's moral rights as required under Philippine law

11. Termination: Conditions and procedures for contract termination, including rights reversion

12. Governing Law: Specification of Philippine law as governing law and jurisdiction for disputes

13. General Provisions: Standard clauses including notices, amendments, and severability

What sections are optional to include in a Music Publishing Contract?

1. Sub-Publishing: Include when international exploitation of works is contemplated, detailing terms for sub-publishing agreements

2. Digital Distribution: Include for specific terms regarding digital platforms and streaming services

3. Minimum Commitment: Include when specifying minimum number of works or compositions required

4. Creative Control: Include when songwriter requires approval rights over specific uses of works

5. Advance Payments: Include when advance payments are part of the agreement

6. Assignment of Existing Works: Include when previously created works are being assigned under the agreement

7. Co-Writing Provisions: Include when works may be co-written with other songwriters

8. Synchronization Rights: Include specific terms for sync licensing when relevant to the agreement

What schedules should be included in a Music Publishing Contract?

1. Schedule A - Works: List of musical works covered by the agreement, including titles and registration details

2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different types of use and territories

3. Schedule C - Accounting Procedures: Specific procedures for royalty calculations, statements, and payments

4. Schedule D - Promotional Requirements: Detailed requirements for promotion and exploitation of the works

5. Appendix 1 - Copyright Registrations: Copies of copyright registrations for existing works

6. Appendix 2 - Prior Agreements: Details of any existing agreements affecting the works

7. Appendix 3 - Performance Rights Organization Affiliations: Details of PRO memberships and registrations

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

Philippines

Publisher

Ƶ

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions










































Clauses








































Relevant Industries

Entertainment

Music

Media

Publishing

Digital Media

Performing Arts

Copyright Licensing

Intellectual Property

Arts and Culture

Relevant Teams

Legal

Business Affairs

Rights Management

Royalty Administration

Creative Services

Artist & Repertoire

Copyright Administration

Publishing Administration

Licensing

Contract Administration

Relevant Roles

Music Publisher

Copyright Manager

Legal Counsel

Entertainment Lawyer

Rights Manager

Contracts Manager

A&R Manager

Business Affairs Director

Music Licensing Manager

Royalty Manager

Publishing Administrator

Creative Director

Songwriter

Composer

Music Producer

Artist 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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