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Song Split Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes and documents the ownership rights, revenue splits, and responsibilities among multiple contributors to a musical composition. This agreement, compliant with Swiss copyright law and the Code of Obligations, defines how rights and royalties are divided among songwriters, composers, producers, and other rights holders. It includes specific provisions for revenue collection, attribution requirements, and dispute resolution under Swiss jurisdiction, while ensuring alignment with international copyright conventions and collective rights management practices.

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What is a Song Split Agreement?

The Song Split Agreement is a crucial document in the music industry, used when multiple parties contribute to the creation of a musical work and need to formalize their respective ownership rights. Under Swiss law, this agreement serves as a legally binding document that clearly defines each party's percentage share in the composition's rights and royalties. It is particularly important in Switzerland's music industry context, where it must comply with both the Federal Act on Copyright and Related Rights and the Swiss Code of Obligations. The agreement typically comes into play immediately after a song's creation, before any commercial exploitation, and remains relevant throughout the entire duration of copyright protection. It includes essential information about revenue distribution, credit attribution, and rights management, while accounting for both domestic Swiss market requirements and international exploitation of the work.

What sections should be included in a Song Split Agreement?

1. Parties: Identification of all songwriters, composers, and other contributors who have rights in the musical work

2. Background: Context of the song's creation, including when and how the collaboration occurred

3. Definitions: Key terms including 'Musical Work', 'Rights', 'Revenue', 'Publishing Rights', 'Royalties', etc.

4. Ownership Splits: Clear specification of percentage splits between all parties for both songwriter and publisher shares

5. Rights and Obligations: Detailed outline of each party's rights in the musical work and their obligations

6. Revenue Distribution: Mechanisms for collecting and distributing royalties and other revenue

7. Registration and Credits: Requirements for registering the work with collecting societies and credit attribution

8. Warranties and Representations: Parties' confirmations regarding originality, ownership, and right to enter agreement

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

What sections are optional to include in a Song Split Agreement?

1. Sample Clearance: Required if the song contains samples from other works, detailing clearance obligations and cost sharing

2. Producer Rights: Needed when a producer is involved and receives ownership points or royalty participation

3. Publishing Administration: Include when parties agree to specific publishing administration arrangements

4. Sync Rights Administration: Required when parties want to specify special arrangements for synchronization licensing

5. International Revenue Collection: Include for songs likely to generate significant international revenue

6. Band Agreement Integration: Needed when the split agreement needs to align with an existing band agreement

7. Digital Platform Revenue: Include specific provisions for revenue from digital platforms and streaming services

What schedules should be included in a Song Split Agreement?

1. Schedule A - Song Information: Detailed information about the song including title, alternative titles, ISWC code, and date of creation

2. Schedule B - Ownership Split Table: Detailed breakdown of ownership percentages for different rights types (publishing, writing, etc.)

3. Schedule C - Writer Credits: Official crediting format for all platforms and publications

4. Schedule D - Banking Details: Payment information for all parties for royalty distributions

5. Appendix 1 - Registration Forms: Copies of relevant copyright and collecting society registration forms

6. Appendix 2 - Prior Agreements: Copies or summaries of any relevant pre-existing agreements affecting the song

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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