Songwriter Agreements - Definitions Flashcards

1
Q

Co-Publishing Agreement

A

The songwriter shares ownership of the songs with the publisher, splitting both rights and revenue (typically 50/50).

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2
Q

Exclusive Songwriter Agreement

A

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)

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3
Q

Purchase (Music Catalog Acquisition)

A

A full transfer of ownership rights from the original rights holder to the buyer.

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4
Q

Administration Agreement

A

The songwriter or rights owner retains ownership of their songs.
Publisher handles administrative tasks (10-20% commission)

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5
Q

Sub-Publishing Agreement

A

(Publisher-to-Publisher)
A publisher assigns rights in specific regions or countries to another publisher (sub-publisher) to manage a catalog internationally.

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6
Q

Ownership

A

All songs written during the contract are owned or controlled by the publisher.

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7
Q

Advances

A

Songwriters typically receive advances and royalties, with the publisher owning a share of future earnings.

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8
Q

Reversion Clause

A

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)

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9
Q

Grant of Rights

A

Defines what rights the songwriter is granting. (Exclusive / Non-Exclusive rights to reproduce, distribute, or perform)

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10
Q

Ownership

A

Specifies who owns the copyrights to the songs.
(Whether the songwriter retains full ownership or transfers a percentage of rights to the other party)

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11
Q

Publishing Splits

A

Defines how control and income will be divided.
(Control: Publisher has more controlling power)
(Income: Usually 50-50 Songwriter-Producer)

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12
Q

Compensation / Royalties

A

Details how the songwriter will be paid.
(Advances; Royalties; Percentage of licensing, streaming, and other profitable endeavors)

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13
Q

Term

A

Duration of the agreement.
(Specific time period; Specific number of songs; Specific number of projects)

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14
Q

Warranties

A

Songwriter guaranties that their work is original and not infringing on others’ rights.

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14
Q

Exclusivity

A

States whether the songwriter must write songs exclusively for the other party or if they may work with others.

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15
Q

Audit Rights

A

Allows songwriter to view the other party’s financial records to ensure proper payment of royalties.

15
Q

Idemnification

A

Indemnification clause protects the nonbinded party if legal issues arise.

15
Q

Termination

A

Specifies conditions under which the contract may be terminated.