Song And Sound Recording Split Agreement

Song And Sound Recording Split Agreement Template for South Africa

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Key Requirements PROMPT example:

"I need a Song and Sound Recording Split Agreement for a collaborative track involving three songwriters, two featured artists, and a producer, with equal splits on publishing rights but different percentages on master rights, to be released in March 2025 through a South African record label."

Document background

The Song And Sound Recording Split Agreement is essential for music industry professionals operating under South African law who need to establish clear ownership and revenue sharing arrangements for musical works and sound recordings. This document is typically used when multiple parties have contributed to the creation of a song and its recording, requiring a formal agreement to define their respective rights and entitlements. It addresses various revenue streams including digital platforms, physical sales, synchronization licenses, and performance royalties, while ensuring compliance with South African legislation including the Copyright Act and Performers' Protection Act. The agreement is particularly important in the modern music industry where multiple revenue streams and complex rights management require careful documentation and clear terms for all parties involved.

Suggested Sections

1. Parties: Identification and details of all parties involved in the agreement, including songwriters, producers, performers, and rights holders

2. Background: Context of the agreement, including the creation of the song and sound recording, and the parties' contributions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Work', 'Sound Recording', 'Publishing Rights', 'Master Rights', etc.

4. Ownership and Rights: Declaration of ownership percentages for both the musical composition and sound recording, including copyright ownership

5. Revenue Splits: Detailed breakdown of how various revenue streams will be split between parties, including streaming, downloads, sync licenses, and public performance

6. Administration and Collection: Procedures for collecting and distributing revenues, including the role of collection societies and administrators

7. Accounting and Payment: Terms for financial reporting, payment schedules, audit rights, and handling of retrospective income

8. Warranties and Representations: Guarantees by each party regarding their rights, contributions, and authority to enter the agreement

9. Credits and Attribution: Requirements for how parties should be credited in relation to the work

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes

Optional Sections

1. Sample Clearance: Required if the work contains samples from other recordings, detailing clearance obligations and cost sharing

2. International Rights: Include when the agreement covers international territories, specifying territory-specific arrangements

3. Producer Royalty Points: Needed when producers receive points on master royalties instead of or in addition to ownership share

4. Side Artist Provisions: Include when featured artists or session musicians need specific provisions for their contributions

5. Publishing Administration: Required when one party is granted rights to administer publishing rights

6. NFT and Digital Assets: Include for agreements covering exploitation of the work in emerging digital formats

7. Remix Rights: Include when addressing the creation and exploitation of remixes

8. Live Performance Income: Required when the agreement covers income from live performances

Suggested Schedules

1. Schedule A - The Musical Work: Detailed description of the musical composition, including lyrics, melody, and contributing writers

2. Schedule B - The Sound Recording: Technical details of the recording, including recording date, studio, producer, and personnel

3. Schedule C - Revenue Split Percentages: Detailed breakdown of split percentages for different revenue streams

4. Schedule D - Payment Details: Banking and payment information for all parties

5. Schedule E - Credit Requirements: Specific requirements for crediting all parties across different formats and media

6. Appendix 1 - Sample Details: If applicable, details of any samples used and their clearance status

7. Appendix 2 - Collection Society Registrations: Details of how the work should be registered with relevant collection societies

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Music and Entertainment

Media Production

Digital Media

Broadcasting

Publishing

Live Entertainment

Digital Technology

Intellectual Property

Content Creation

Arts and Culture

Relevant Teams

Legal

Business Affairs

Rights Management

Royalties Administration

Music Publishing

A&R

Digital

Sync Licensing

Artist Development

Catalog Management

Relevant Roles

Music Producer

A&R Manager

Legal Counsel

Rights Manager

Royalty Manager

Music Publisher

Record Label Executive

Business Affairs Manager

Artist Manager

Music Industry Consultant

IP Lawyer

Entertainment Lawyer

Sync Licensing Manager

Catalog Manager

Digital Rights Manager

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