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Music Publishing Contract Template for Australia

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Key Requirements PROMPT example:

Music Publishing Contract

"I need a Music Publishing Contract for a solo artist based in Melbourne who will be granting exclusive worldwide rights to a major publisher for all existing and future works, with special provisions for synchronization rights in video games and digital media."

Document background
The Music Publishing Contract serves as a crucial legal instrument in the Australian music industry, establishing the framework for the commercial relationship between music creators and publishers. This document is essential when a songwriter or composer wishes to partner with a publisher to commercially exploit their musical works. It outlines the assignment or licensing of copyright, publishing rights, and the terms of exploitation across various media and territories. The contract ensures compliance with Australian copyright law and industry standards while protecting both parties' interests. Typically used when a creator seeks professional publishing services, the agreement covers rights management, royalty arrangements, promotion obligations, and territory restrictions. The document can be customized based on the scope of rights granted, whether for specific works or future compositions, and may include international rights consideration.
Suggested Sections

1. Parties: Identifies the publisher and songwriter/composer with their full legal names and addresses

2. Background: Establishes the context of the agreement, including the songwriter's ownership of the works and publisher's business

3. Definitions: Defines key terms used throughout the agreement including 'Works', 'Territory', 'Net Revenue', 'Publishing Rights'

4. Grant of Rights: Specifies the rights being transferred to the publisher, including reproduction, distribution, and licensing rights

5. Term and Territory: Defines the duration of the agreement and geographical scope of the rights granted

6. Delivery and Acceptance: Details the requirements for submission of works and the acceptance process

7. Publisher's Obligations: Outlines the publisher's duties including promotion, exploitation, and administration of the works

8. Songwriter's Obligations: Sets out the songwriter's ongoing responsibilities and warranties regarding the works

9. Royalties and Payments: Details the payment terms, royalty rates, and accounting procedures

10. Moral Rights: Addresses the treatment of moral rights under Australian copyright law

11. Warranties and Indemnities: Contains representations about ownership and originality of works

12. Termination: Specifies circumstances and procedures for ending the agreement

13. General Provisions: Standard clauses covering notices, governing law, entire agreement, etc.

Optional Sections

1. Sub-Publishing: Used when international sub-publishing arrangements are contemplated

2. Minimum Commitment: Include when specifying a minimum number of works to be delivered

3. Advances: Required when the publisher is providing upfront payments

4. Collaboration: Include when the songwriter regularly works with co-writers

5. Synchronization Rights: Detailed section for film/TV usage when particularly relevant

6. Digital Exploitation: Specific provisions for digital platforms and new technologies

7. Right of First Refusal: Option for publisher to have first rights to future works

8. Assignment and Sub-Contracting: Include when either party may need to transfer rights or obligations

Suggested Schedules

1. Schedule 1 - Existing Works: List of all musical works covered by the agreement at commencement

2. Schedule 2 - Royalty Rates: Detailed breakdown of royalty percentages for different types of use

3. Schedule 3 - Minimum Terms of Sub-Publishing Agreements: Standards for international sub-publishing arrangements

4. Schedule 4 - Accounting and Payment Procedures: Detailed procedures for royalty calculations and payments

5. Schedule 5 - Promotional Commitments: Specific promotional activities the publisher commits to undertake

6. Appendix A - Copyright Registration Details: Registration information for existing copyrights

7. Appendix B - Prior Agreements: Details of any existing agreements affecting the works

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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 Industry

Entertainment

Media

Publishing

Digital Media

Film and Television

Gaming Industry

Advertising

Performance Arts

Copyright Licensing

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalties

Artist & Repertoire

Licensing

Publishing Administration

Business Development

Creative Services

Rights Management

Relevant Roles

Music Publisher

Copyright Manager

Legal Counsel

Contracts Manager

Artist Manager

Business Affairs Manager

Royalties Manager

A&R Director

Music Licensing Manager

Publishing Administrator

Rights Manager

Entertainment Lawyer

Creative Director

Business Development Manager

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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