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Song Share Agreement Template for South Africa

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Key Requirements PROMPT example:

Song Share Agreement

"I need a Song Share Agreement for a collaboration between three songwriters and a producer, where the producer will receive 25% of all rights and revenues, and the remaining 75% will be split equally among the songwriters, with worldwide distribution rights."

Document background
The Song Share Agreement is a crucial document in the South African music industry that formalizes the division of rights and revenue sharing between multiple parties involved in a musical work. This agreement becomes necessary when multiple parties contribute to the creation, production, or financing of a song and need to establish clear ownership and revenue sharing arrangements. It encompasses various aspects including copyright ownership, publishing rights, performance royalties, and digital distribution revenue, all within the framework of South African intellectual property law. The document is particularly important given the complex nature of modern music rights management and the multiple revenue streams available in today's digital age. It provides legal certainty and clear operational guidelines while ensuring compliance with relevant South African legislation, including the Copyright Act and related music industry regulations.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including songwriters, producers, and any other rights holders

2. Background: Context of the agreement, including the creation of the musical work and the intention to share rights and revenues

3. Definitions: Detailed definitions of key terms including 'Musical Work', 'Revenue', 'Publishing Rights', 'Master Rights', 'Digital Distribution', 'Territory', and other industry-specific terms

4. Ownership and Rights: Declaration of ownership percentages and specific rights granted to each party

5. Revenue Sharing: Detailed breakdown of how revenue from various sources will be shared between parties

6. Collection and Distribution: Process for collecting and distributing revenues, including payment periods and reporting requirements

7. Representations and Warranties: Parties' confirmations regarding ownership, originality, and authority to enter agreement

8. Administrative Rights: Specification of who has authority to administer the song and make decisions about its use

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

10. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Sampling Rights: Used when the agreement needs to address the right to sample the song or handle incoming sample requests

2. Remix Rights: Include when parties want to specifically address the creation and revenue sharing of remixed versions

3. Sync Licensing: Detailed provisions for handling synchronization licensing when relevant to the parties' intentions

4. International Revenue: Specific provisions for international revenue collection and distribution when the song is expected to have international reach

5. Writer Credit Requirements: Specific requirements for how songwriting credits should appear in various contexts

6. Moral Rights: Specific provisions regarding moral rights, particularly relevant for international exploitation

7. Assignment Rights: Include when parties want to allow or restrict the ability to assign rights to third parties

Suggested Schedules

1. Schedule A - The Musical Work: Detailed description of the song including title, writers, composers, and recording details

2. Schedule B - Ownership Splits: Detailed percentage breakdowns of ownership and revenue shares for different types of rights

3. Schedule C - Revenue Sources: List of all revenue sources covered by the agreement and specific sharing arrangements for each

4. Schedule D - Administrative Procedures: Detailed procedures for revenue collection, distribution, and reporting

5. Schedule E - Approved Third Party Users: List of pre-approved licensees or users of the musical work, if any

6. Appendix 1 - Registration Information: Details required for registering the song with collection societies and performance rights organizations

7. Appendix 2 - Banking Details: Secure schedule containing banking and payment information for all parties

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

Entertainment

Media

Digital Content

Publishing

Performing Arts

Broadcasting

Streaming Services

Film and Television

Advertising

Relevant Teams

Legal

Rights Management

Business Affairs

Royalty Administration

Publishing

Artist & Repertoire

Copyright

Contract Administration

Finance

Digital Distribution

Relevant Roles

Music Rights Manager

Legal Counsel

Copyright Administrator

Music Publisher

A&R Manager

Business Affairs Director

Royalty Manager

Contract Administrator

Music Supervisor

Publishing Manager

Artist Manager

Record Label Executive

Music Producer

Songwriter

Recording Artist

Rights Management Specialist

Music Industry Consultant

Entertainment Lawyer

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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