The Co-Publishing Agreement is essential in the music industry when parties wish to share publishing rights and responsibilities for musical works. This document, structured under Austrian law, is typically used when a songwriter or composer wants to partner with an established publisher while retaining partial publishing rights, or when multiple publishers collaborate to administer musical works. It includes crucial elements such as revenue sharing percentages, territorial rights, exploitation obligations, and administrative responsibilities. The agreement must comply with Austrian copyright law (Urheberrechtsgesetz), commercial regulations, and EU directives, while also addressing requirements from collecting societies. This type of agreement is particularly relevant in today's global music market, where cross-border exploitation and digital rights management are increasingly important.
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1. Parties: Identification of the co-publishing parties, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the work(s) and parties' intentions
3. Definitions: Key terms used throughout the agreement, including 'Works', 'Territory', 'Net Revenue', 'Publishing Rights'
4. Grant of Rights: Specific rights being shared/transferred between the parties, including percentage splits
5. Term and Territory: Duration of the agreement and geographical scope of the co-publishing arrangement
6. Financial Terms: Revenue sharing arrangements, payment terms, accounting periods, and audit rights
7. Exploitation Obligations: Parties' responsibilities regarding promotion and exploitation of the works
8. Administrative Responsibilities: Assignment of administrative duties, including registration with collecting societies
9. Warranties and Representations: Standard warranties about ownership, right to contract, and non-infringement
10. Registration and Credits: Requirements for registering works and displaying publishing credits
11. Termination: Circumstances under which the agreement can be terminated and consequences of termination
12. General Provisions: Standard boilerplate clauses including notices, entire agreement, governing law
1. Sub-Publishing: Include when parties may want to appoint sub-publishers in specific territories
2. Digital Rights: Include for specific provisions regarding digital exploitation and new technologies
3. Synchronization Rights: Include when specific arrangements for sync licensing are needed
4. Minimum Performance Requirements: Include when setting specific exploitation targets or minimum revenue requirements
5. Creative Control: Include when specific approval rights are required for certain uses
6. Assignment to Third Parties: Include when transfer of rights to third parties needs specific regulation
7. Dispute Resolution: Include when specific arbitration or mediation procedures are desired
8. Marketing and Promotion: Include when specific marketing commitments are required
1. Schedule 1 - Works: Detailed list of musical works covered by the agreement, including writer shares
2. Schedule 2 - Revenue Split: Detailed breakdown of revenue sharing percentages by type of use
3. Schedule 3 - Accounting Procedures: Specific requirements for financial reporting and payments
4. Schedule 4 - Territory Restrictions: Any specific territorial exclusions or special arrangements
5. Schedule 5 - Sub-Publishers: List of approved sub-publishers if applicable
6. Appendix A - Registration Form: Template for registering works with collecting societies
7. Appendix B - Marketing Commitments: Detailed marketing and promotion plans if applicable
Relevant legal definitions
Clauses
Relevant Industries
Music
Entertainment
Media
Publishing
Digital Media
Film and Television
Gaming
Advertising
Performing Arts
Relevant Teams
Legal
Business Affairs
Rights Administration
Licensing
Copyright
Royalties
International
Business Development
Creative Services
Finance
Contract Administration
Relevant Roles
Music Publishing Manager
Copyright Manager
Legal Counsel
Business Affairs Director
A&R Manager
Licensing Manager
Rights Administration Manager
Publishing Rights Manager
Contract Administrator
Creative Director
Business Development Manager
Royalty Manager
International Rights Manager
Sync Licensing Manager
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