How to write a Music Publishing Agreement?

The Music Publishing Agreement should clearly outline the terms of the deal, including ownership rights, royalties, distribution rights, and dispute resolution. It’s essential to consider a few key elements when drafting a music publishing agreement, such as ensuring all parties understand their rights and obligations, accurately describing the Composition, and detailing exactly how royalties will be paid.

What is a Music Publishing Agreement?

A Music Publishing Agreement is a legal contract between the Composer and a publisher that allows the Publisher to exploit and use the Composition in exchange for payment. The Agreement outlines the rights granted to each Party, how royalties will be paid, and any other relevant terms.

What are the main points of a Music Publishing Agreement?

The main points of a music publishing agreement are ownership rights, royalties, dispute resolution, copyright registration, marketing and distribution responsibilities, termination clauses, and any relevant confidential information.

Why do you need a Music Publishing Agreement?

A music publishing agreement is essential when partnering with a publisher to ensure that all parties are on the same page and that their expectations are met. It protects the Composer and Publisher, and outlines the rights and responsibilities of both parties. It also provides legal recourse if either Party breaches the Agreement in any way.

What are the three main kinds of Music Publishing Agreements?

The three main Music Publishing Agreements are assignment agreements, co-publishing agreements, and administration agreements. Assignment agreements involve the transfer of copyrights from the Composer to a Publisher. Co-publishing agreements involve collaboration between two parties in the ownership and exploitation of a song. Administration agreements involve entrusting a third party responsible for administering the copyright.

Music Publishing Agreement Template

Prepared for:

[Publisher.FirstName]

[Publisher.LastName]

Prepared by:

[Composer.FirstName][Composer.LastName]

This Music Publishing Agreement ("Agreement") is entered into as of [Document.CreatedDate], by and between [Publisher.FirstName][Publisher.LastName] (the "Publisher") and [Composer.FirstName][Composer.LastName] (the "Composer"), referred to herein collectively as the "Parties."

1. Purpose of the Agreement

This Agreement aims to set forth the terms and conditions by which the Publisher will acquire and administer certain rights in a piece of music by the Composer.

2. Rights Granted

2.1 An exclusive, worldwide right and license to exploit the title (state the title of the work) (the "Composition") in any form or medium.

2.2 The right to collect mechanical, synchronization, and performance royalties from the sale or public distribution of recordings embodying the Composition.

2.3 The right to collect all foreign mechanical, synchronization, and performance royalties derived from the exploitation of Composition internationally.

2.4 The right to market and promote the Composition through print media, radio, television, internet, and other mediums.

2.5 The right to license the Composition for use in films, teleplays, or commercials.

2.6 The right to negotiate synchronization deals with third parties for using the Composition in films, teleplays, or commercials.

2.7 The right to negotiate mechanical licenses for the reproduction of the Composition onto CDs and other audio products.

2.8 The right to register copyrights in the Composition with performing rights societies and seek worldwide copyright protection.

2.9 The right to license the Composition to third parties for use in their recordings.

2.10 The right to collect publishing royalties for the public performance of the Composition.

2.11 The right to sue for copyright infringement or other unauthorized use of the Composition.

3. Payments and Royalties

3.1 The Composer shall be entitled to receive a royalty payment of (state the percentage) % of all mechanical, synchronization, and performance royalties collected by the Publisher resulting from the exploitation of the Composition.

3.2 All payments under this Agreement shall be made to the Composer on a (state the basis) basis.

4. Miscellaneous

4.1 Warranties and Representations

4.1.1 The Parties represent and warrant that the Composition is original work, not previously published or licensed.

4.1.2 The Parties represent and warrant that the Composer is the sole owner of all rights, titles, and interests in the Composition.

4.1.3 The Parties represent and warrant that no other person or entity has any claim to the Composition's copyright.

4.2 Liability

4.2.1 The Publisher assumes responsibility for any legal issues that may arise from using the Composition.

4.2.2 The Composer isn't responsible for any legal issues that may come up.

4.2.3 The Publisher has exclusive rights to exploit the Composition in any form or medium.

4.2.4 The Composer can't license or sell their songs to anyone else without permission from the Publisher.

4.2.5 If there's a breach of contract, either Party can sue for damages.

4.2.6 If one Party fails to live up to its obligations under the Agreement, it may be held liable by the other Party.

4.3 Dispute Resolution

4.3.1 If there is any dispute between the Parties under this Agreement, they agree to attempt to resolve the matter amicably.

4.3.3 If the dispute escalates, it shall be under (state what the Agreement shall be construed and governed by).

4.4 Severability

4.4.1 If any part of this Agreement is found to be invalid or unenforceable, it shall not affect the validity of the remainder of this Agreement.

4.4.2 The Parties shall attempt to renegotiate any invalid or unenforceable parts of this Agreement.

4.5 Confidentiality

4.5.1 The Parties agree to not disclose confidential information to anyone outside their immediate staff or lawyer.

4.5.2 The Confidential Information shall not be used for purposes other than those specified in this Agreement.

4.5.3 The Parties agree to keep all Confidential Information secure and not share it with anyone without prior written permission from the disclosing Party.

4.6 Jurisdiction

4.6.1 This Agreement shall be governed and construed by (state what the Agreement shall be construed and governed by).

4.6.2 The Parties agree to submit to (state what the Agreement shall be construed and governed by) for any action or proceeding arising under this Agreement.

4.7 Amendment

4.7.1 This Agreement may not be modified or amended in any way except by a written agreement signed by both Parties.

4.7.2 Any modifications or amendments shall become effective immediately upon signing the document.

4.8 Term and Termination

4.8.1 This Agreement shall remain in full force and effect from (state the date) until (state the date).

4.8.2 Either Party can terminate this Agreement at any time with written notice to the other Party. 4.8.3 In such an event, the Publisher will no longer have the right to exploit or use the Composition, and all rights granted by this Agreement shall be terminated.

4.8.4 The Publisher must return any copies of the Composition in their possession upon termination.

4.8.5 Upon termination, all royalties owed to the Composer must be paid within (state the period).

The Parties acknowledge that they have read and understood this Agreement, agreeing to its terms as of [Document.CreatedDate]:

Signature

MM / DD / YYYY

[Publisher.FirstName][Publisher.LastName]