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Co Songwriter Agreement Template for Switzerland

A Co-Songwriter Agreement governed by Swiss law establishes the legal framework for a collaborative songwriting relationship between two or more songwriters. This comprehensive document outlines the rights, responsibilities, and commercial arrangements between the collaborating parties, including ownership splits, revenue sharing, creative control, and attribution rights. The agreement incorporates specific provisions aligned with Swiss copyright law (URG/LDA) and the Swiss Code of Obligations, while also considering international copyright conventions and collective rights management requirements through organizations like SUISA.

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What is a Co Songwriter Agreement?

The Co-Songwriter Agreement is essential when two or more songwriters collaborate on musical compositions in Switzerland or under Swiss jurisdiction. This document should be used at the outset of a songwriting partnership or before beginning collaborative work on specific musical compositions. It comprehensively addresses copyright ownership, revenue sharing, creative control, and administrative rights while ensuring compliance with Swiss federal copyright law and international conventions. The agreement is particularly important in the modern music industry where remote collaboration is common and clear documentation of rights is crucial for revenue collection and exploitation of works. It protects all parties' interests by clearly defining their roles, rights, and obligations in the creative process.

What sections should be included in a Co Songwriter Agreement?

1. Parties: Identification and details of all co-writers entering into the agreement

2. Background: Context of the collaboration and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Musical Work', 'Composition', 'Publishing Rights', etc.

4. Scope of Collaboration: Nature and extent of the songwriting partnership

5. Ownership and Rights: Specification of copyright ownership splits and intellectual property rights allocation

6. Creative Control: Decision-making process for creative aspects and final approval rights

7. Revenue Sharing: Distribution of royalties, advances, and other income from the songs

8. Credit and Attribution: How the co-writers will be credited on releases and publications

9. Registration and Administration: Process for registering works with collecting societies and publishing entities

10. Warranties and Representations: Guarantees regarding originality and right to enter agreement

11. Term and Termination: Duration of the agreement and conditions for ending the collaboration

12. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution process

What sections are optional to include in a Co Songwriter Agreement?

1. Sample Clearance: Procedures for handling samples in compositions, used when parties anticipate creating works with samples

2. Producer Rights: Specific terms for when one party also acts as producer of the compositions

3. Third Party Contributions: Handling of additional collaborators outside the main agreement

4. Virtual/Remote Collaboration: Specific terms for managing remote collaboration processes

5. Exclusivity: Terms restricting collaboration with other writers, if applicable

6. Publishing Arrangements: Specific terms when one or more parties has existing publishing deals

7. International Rights: Additional provisions for international exploitation of works

8. Social Media and Promotion: Terms regarding promotion and social media activities related to the works

What schedules should be included in a Co Songwriter Agreement?

1. Schedule A - Works Schedule: List of existing and planned musical works covered by the agreement

2. Schedule B - Ownership Splits: Detailed breakdown of ownership percentages for each work

3. Schedule C - Revenue Distribution: Specific revenue sharing arrangements and payment methods

4. Schedule D - Writer's Information: Detailed contact and payment information for all parties

5. Schedule E - Publishing Information: Details of any existing publishing arrangements affecting the works

6. Appendix 1 - Registration Template: Standard form for registering new works under the agreement

7. Appendix 2 - Credit Guidelines: Specific requirements for crediting each writer across different media

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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