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Music Royalty Agreement for Philippines

Music Royalty Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law, specifically structured under the Intellectual Property Code (Republic Act No. 8293) and related legislation, that establishes the terms and conditions for the licensing and exploitation of musical works. This agreement defines the relationship between rights holders and licensees, specifying royalty rates, payment terms, territorial rights, and usage permissions across various platforms and media. It incorporates local copyright protection requirements while adhering to international music industry standards and practices, particularly important in the context of the Philippine music and entertainment sector.

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What is a Music Royalty Agreement?

The Music Royalty Agreement serves as a crucial legal instrument in the Philippine music industry, establishing the framework for monetary compensation and rights management between music creators and those who wish to use their works. This document is essential when there's a need to formalize the commercial exploitation of musical works, whether for recording, broadcasting, digital distribution, or other uses. The agreement must comply with Philippine intellectual property laws, particularly the Intellectual Property Code (RA 8293) and its amendments, while also considering international copyright conventions to which the Philippines is a signatory. It typically includes detailed provisions for royalty calculations, payment schedules, territory restrictions, usage rights, and reporting requirements, making it a fundamental tool for protecting and monetizing musical intellectual property in the Philippine context.

What sections should be included in a Music Royalty Agreement?

1. Parties: Identification of the rights holder(s) and licensee(s), including complete legal names and addresses

2. Background: Context of the agreement, including ownership confirmation of the musical works and purpose of the agreement

3. Definitions: Detailed definitions of key terms including 'Musical Works', 'Royalties', 'Territory', 'Net Revenue', and other relevant terms

4. Grant of Rights: Specific rights being granted, including reproduction, distribution, public performance, and synchronization rights

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

6. Royalty Rates and Payments: Detailed breakdown of royalty percentages, payment calculations, and payment schedule

7. Accounting and Auditing: Requirements for financial reporting, maintenance of records, and audit rights

8. Representations and Warranties: Statements regarding ownership of rights, authority to enter agreement, and non-infringement

9. Obligations of the Parties: Specific duties of each party including promotion, distribution, and quality control

10. Intellectual Property Protection: Provisions for protecting the licensed works and handling infringement

11. Termination: Conditions for termination, including breach, bankruptcy, and effect of termination

12. General Provisions: Standard clauses including notices, assignment, governing law, and dispute resolution

What sections are optional to include in a Music Royalty Agreement?

1. Digital Platform Rights: Additional provisions for digital streaming and download platforms, used when digital distribution is part of the agreement

2. International Rights: Specific provisions for international exploitation, including sub-licensing and territory-specific requirements

3. Mechanical Rights: Specific provisions for reproduction of physical copies, used when physical production is contemplated

4. Synchronization Rights: Provisions for use in film, TV, or advertising, included when sync licensing is part of the agreement

5. Publishing Rights: Additional provisions for sheet music and printed materials, used when publishing rights are included

6. Promotional Use: Terms for promotional and marketing use of the works, included when specific promotional rights are needed

7. Collection Society Provisions: Specific provisions relating to collection society membership and revenue collection, used when parties are members of different collecting societies

What schedules should be included in a Music Royalty Agreement?

1. Schedule A - Musical Works: Complete list of musical works covered by the agreement, including titles, composers, and registration numbers

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

3. Schedule C - Approved Digital Platforms: List of approved digital distribution platforms and specific terms for each

4. Schedule D - Reporting Format: Template and requirements for royalty reporting and accounting statements

5. Schedule E - Territory-Specific Terms: Special provisions or requirements for specific territories

6. Appendix 1 - Copyright Registrations: Copies or details of copyright registrations for the musical works

7. Appendix 2 - Prior Agreements: List of any existing agreements affecting the licensed rights

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

Music and Recording

Entertainment

Media

Digital Media

Broadcasting

Publishing

Film and Television

Advertising

Gaming

Live Events

Relevant Teams

Legal

Business Affairs

Rights Management

Licensing

Finance

Royalty Administration

Copyright

Digital Distribution

Artist Relations

Business Development

Relevant Roles

Music Rights Manager

Legal Counsel

Copyright Administrator

Business Affairs Director

Licensing Manager

Artist Manager

Music Publisher

Record Label Executive

Digital Rights Manager

Royalty Administrator

Contract Manager

IP Lawyer

Music Producer

A&R Manager

Finance Director

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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