Songwriter Agreements - Definitions Flashcards
Co-Publishing Agreement
The songwriter shares ownership of the songs with the publisher, splitting both rights and revenue (typically 50/50).
Exclusive Songwriter Agreement
The songwriter commits to writing exclusively for a single publisher for a specified period.
(Initial 12 month period)
(3-4 Following options of 12 months)
Purchase (Music Catalog Acquisition)
A full transfer of ownership rights from the original rights holder to the buyer.
Administration Agreement
The songwriter or rights owner retains ownership of their songs.
Publisher handles administrative tasks (10-20% commission)
Sub-Publishing Agreement
(Publisher-to-Publisher)
A publisher assigns rights in specific regions or countries to another publisher (sub-publisher) to manage a catalog internationally.
Ownership
All songs written during the contract are owned or controlled by the publisher.
Advances
Songwriters typically receive advances and royalties, with the publisher owning a share of future earnings.
Reversion Clause
Specifically states what happens to the catalog of songs if the relationship with the publisher ends.
(Song not being used for X period of time;
Song not being used commercially)
Grant of Rights
Defines what rights the songwriter is granting. (Exclusive / Non-Exclusive rights to reproduce, distribute, or perform)
Ownership
Specifies who owns the copyrights to the songs.
(Whether the songwriter retains full ownership or transfers a percentage of rights to the other party)
Publishing Splits
Defines how control and income will be divided.
(Control: Publisher has more controlling power)
(Income: Usually 50-50 Songwriter-Producer)
Compensation / Royalties
Details how the songwriter will be paid.
(Advances; Royalties; Percentage of licensing, streaming, and other profitable endeavors)
Term
Duration of the agreement.
(Specific time period; Specific number of songs; Specific number of projects)
Warranties
Songwriter guaranties that their work is original and not infringing on others’ rights.
Exclusivity
States whether the songwriter must write songs exclusively for the other party or if they may work with others.