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Songwriter Contract for Germany

Songwriter Contract Template for Germany

A German Songwriter Contract (Songwritervertrag) is a legally binding agreement governed by German law that establishes the terms and conditions between a songwriter and typically a music publisher or record label. This agreement is structured under German copyright law (Urheberrechtsgesetz) and includes specific provisions for rights management through GEMA. The contract covers essential elements such as copyright assignment or licensing, royalty structures, delivery requirements, and moral rights protection, while ensuring compliance with German legal requirements regarding artists' rights and social security obligations.

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What is a Songwriter Contract?

The Songwriter Contract (Songwritervertrag) is essential for formalizing the relationship between songwriters and music publishers or other music industry entities in Germany. This document is used when a songwriter agrees to create musical compositions for or license their works to a publisher, record label, or other music industry entity. The contract must comply with German copyright law (Urheberrechtsgesetz) and address GEMA (German performing rights society) requirements. It typically includes provisions for rights transfer, compensation structures, delivery requirements, and moral rights protection. The agreement is particularly important in the German market where moral rights cannot be fully waived and specific social security regulations for artists (Künstlersozialversicherung) must be considered.

What sections should be included in a Songwriter Contract?

1. Parties: Identification of the songwriter and the publishing company/commissioner

2. Background: Context of the agreement and general purpose

3. Definitions: Key terms including 'Works', 'Publishing Rights', 'Territory', 'Royalties', etc.

4. Scope of Works: Definition of musical compositions covered by the agreement

5. Grant of Rights: Transfer/license of specific rights under German copyright law, respecting moral rights

6. Delivery and Acceptance: Requirements for submission and approval of musical works

7. Compensation: Payment terms, advances, and royalty structures

8. GEMA Registration: Rights management and registration with GEMA

9. Songwriter Obligations: Commitments regarding creation, delivery, and cooperation

10. Publisher Obligations: Commitments regarding promotion, exploitation, and accounting

11. Warranties and Representations: Songwriter's guarantees regarding originality and rights ownership

12. Term and Termination: Duration of the agreement and termination provisions

13. Notices: Communication procedures between parties

14. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Songwriter Contract?

1. Minimum Commitment: Used when specifying a minimum number of works to be delivered

2. Exclusivity: Include when the songwriter is required to work exclusively with the publisher

3. Co-Writing: Include when addressing collaboration with other songwriters

4. Sub-Publishing: Used when international exploitation is contemplated

5. Promotional Rights: Include when specific provisions for using songwriter's name/likeness are needed

6. Recording Services: Include if songwriter will also perform recording services

7. Development Commitment: Used when publisher commits to specific development support

8. Right of First Refusal: Include when publisher wants priority rights for future works

What schedules should be included in a Songwriter Contract?

1. Schedule A - Existing Works: List of any existing works covered by the agreement

2. Schedule B - Royalty Calculations: Detailed breakdown of royalty percentages for different usage types

3. Schedule C - Minimum Delivery Requirements: Specific requirements for acceptable musical works

4. Schedule D - Additional Songwriters: Details of any co-writers and split arrangements

5. Schedule E - Territory Restrictions: Any territorial limitations or specific territory provisions

6. Appendix 1 - GEMA Registration Form: Standard GEMA registration documentation

7. Appendix 2 - Payment Details: Banking and payment information for royalty distributions

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions












































Clauses








































Relevant Industries

Music

Entertainment

Media

Publishing

Digital Content

Performing Arts

Copyright Industries

Creative Industries

Relevant Teams

Legal

Business Affairs

Copyright Administration

Royalties

Artist & Repertoire

Publishing

Rights Management

Creative Services

Relevant Roles

Music Publisher

A&R Manager

Legal Counsel

Copyright Administrator

Royalty Manager

Business Affairs Manager

Artist Manager

Publishing Director

Contracts Manager

Rights Manager

Creative Director

Songwriter Relations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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