The Songwriter Publisher Agreement is a fundamental document in the music industry, used when a songwriter wishes to engage a publisher to administer and commercially exploit their musical compositions. This agreement, governed by U.S. copyright and contract law, outlines the transfer of rights, royalty arrangements, and mutual obligations. It typically includes provisions for copyright administration, licensing, collection of royalties, and exploitation of compositions across various media. The agreement must comply with federal legislation including the Music Modernization Act and state-specific requirements. It's particularly important for establishing clear terms about ownership, revenue sharing, and administrative responsibilities.
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1. Parties: Identifies the songwriter and publishing company, including full legal names and addresses
2. Background: Sets out the context of the agreement and basic intentions of the parties
3. Definitions: Defines key terms used throughout the agreement including 'Compositions', 'Territory', 'Term', 'Net Revenue'
4. Grant of Rights: Details the specific rights being transferred to the publisher
5. Term and Territory: Specifies duration of the agreement and geographical scope
6. Compensation and Royalties: Details payment terms, royalty rates, and calculation methods
7. Delivery Requirements: Specifies requirements for submission of compositions
8. Publisher's Obligations: Lists publisher's duties regarding exploitation and administration
9. Warranties and Representations: Standard warranties about ownership and right to enter agreement
10. General Terms: Standard boilerplate provisions including governing law
1. Minimum Commitment: Specifies minimum number of compositions required - used for exclusive songwriter agreements
2. Advances: Details any advance payments and recoupment terms - included when advance payments are part of the deal
3. Co-Publishing Provisions: Details split ownership arrangements - used for co-publishing deals
4. Marketing Commitments: Specifies promotional obligations - included for major publishing deals
5. Foreign Income: Special provisions for international revenue - used for international deals
1. Schedule A - Existing Compositions: List of compositions covered by the agreement at signing
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different uses
3. Schedule C - Accounting Procedures: Detailed procedures for royalty calculations and payments
4. Schedule D - Territories: Detailed list of included territories if not worldwide
5. Schedule E - Excluded Compositions: List of compositions specifically excluded from the agreement
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