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Co Publishing Agreement
1. Parties: Identification of the parties entering into the agreement - typically the original publisher and the co-publisher
2. Background: Context of the agreement, including brief description of the musical works and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Musical Works', 'Territory', 'Net Income', etc.
4. Grant of Rights: Specific rights being granted to the co-publisher, including territorial scope and duration
5. Term: Duration of the agreement and any renewal provisions
6. Division of Income: Breakdown of how publishing income will be shared between the parties
7. Accounting and Payment: Terms for royalty accounting, payment frequency, and audit rights
8. Administrative Responsibilities: Allocation of responsibilities for registration, licensing, and collection of royalties
9. Warranties and Representations: Standard warranties regarding ownership, right to enter agreement, etc.
10. Assignment and Sub-Publishing: Terms governing the ability to assign rights or appoint sub-publishers
11. Termination: Circumstances under which the agreement can be terminated and the consequences
12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, entire agreement, etc.
1. Digital Rights Management: Special provisions for digital exploitation when the works are primarily exploited digitally
2. Minimum Performance Requirements: Include when specific performance targets are required from the co-publisher
3. Creative Control: When original publisher wants to maintain control over specific uses or modifications
4. Anti-Corruption Compliance: For international deals or when working with major corporations
5. Data Protection: Detailed GDPR compliance section when significant personal data processing is involved
6. Collective Management: Specific provisions regarding membership and relations with collecting societies
7. Marketing Commitments: When specific promotion or marketing obligations are required
1. Schedule A - Musical Works: Complete list of musical works covered by the agreement, including composers, lyricists, and ownership splits
2. Schedule B - Territory: Detailed definition of territories covered, including any excluded territories or special arrangements
3. Schedule C - Income Split Matrix: Detailed breakdown of income splits by type of use and territory
4. Schedule D - Existing Sub-Publishing Agreements: List of any pre-existing sub-publishing agreements that affect the co-publishing arrangement
5. Schedule E - Accounting Procedures: Detailed procedures for reporting, accounting, and payment of royalties
6. Appendix 1 - Copyright Registrations: List of existing copyright registrations for the Musical Works
7. Appendix 2 - Collection Society Registrations: Details of current collection society registrations and memberships
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