The Song Share Agreement is a crucial document used in the Belgian music industry when multiple parties have ownership rights in a musical work. This agreement becomes necessary when songwriters, composers, producers, or other rights holders need to formalize their respective ownership shares and establish clear terms for revenue distribution. Operating under Belgian law, particularly the Code of Economic Law (Book XI) and relevant EU directives, it provides a comprehensive framework for managing both economic and moral rights in musical works. The agreement typically includes detailed provisions for revenue sharing, administration responsibilities, and rights management, while ensuring compliance with Belgian copyright law's specific requirements regarding author's rights and fair remuneration. It's particularly important in cases of co-creation, production arrangements, or when rights are being transferred or assigned between parties.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and capacities
2. Background: Context of the agreement, including the creation of the musical work and parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Musical Work', 'Revenue', 'Territory'
4. Share Ownership: Declaration of ownership percentages and rights allocation between parties
5. Rights and Obligations: Detailed description of each party's rights and responsibilities regarding the musical work
6. Revenue Distribution: Specific terms for collecting, calculating, and distributing revenue among parties
7. Administration: Procedures for managing the musical work, including registration and licensing
8. Accounting and Payment: Terms for financial reporting, payment schedules, and audit rights
9. Representations and Warranties: Parties' declarations regarding ownership, authority, and non-infringement
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Publishing Rights: Specific terms for managing publishing rights, used when publishing rights are part of the share agreement
2. Digital Platforms: Special provisions for digital distribution and streaming platforms, included when specific digital arrangements are needed
3. Collective Management: Terms for dealing with collecting societies, included when parties use collective management organizations
4. International Rights: Provisions for international exploitation, included when agreement covers multiple territories
5. Moral Rights: Specific provisions regarding moral rights under Belgian law, included when moral rights management needs special attention
6. Creative Control: Terms for artistic decision-making, included when parties want to specify creative control rights
7. Sample Clearance: Provisions for managing samples in the work, included when the song contains samples
1. Schedule A - Musical Work Details: Detailed information about the musical work including title, composers, recording details
2. Schedule B - Revenue Share Percentages: Detailed breakdown of share percentages for different types of revenue
3. Schedule C - Payment Details: Banking and payment information for all parties
4. Schedule D - Required Registrations: List of necessary registrations with collecting societies and rights organizations
5. Appendix 1 - Copyright Registration: Copies of copyright registration documents
6. Appendix 2 - Prior Agreements: References to or copies of any relevant pre-existing agreements
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