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Music Buyout Agreement for the United Kingdom

Music Buyout Agreement Template for England and Wales

A Music Buyout Agreement is a legal contract under English and Welsh law that facilitates the complete transfer of rights in musical works from the creator to another party for a one-time payment. This agreement typically includes provisions for copyright assignment, waiver of future royalties, and may address moral rights. It provides the purchaser with full ownership and unrestricted use of the musical work(s) in perpetuity, subject to the terms and conditions specified in the agreement.

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What is a Music Buyout Agreement?

The Music Buyout Agreement is commonly used when a business needs to acquire complete and unrestricted ownership of musical works for commercial purposes. This document, governed by English and Welsh law, provides a comprehensive framework for transferring all rights from the creator to the purchaser, including copyright, performance rights, and mechanical rights. It's particularly relevant in situations where ongoing royalty payments would be impractical or where the purchaser requires absolute certainty about future usage rights. The agreement typically includes detailed provisions about the scope of rights transferred, payment terms, and any retained rights or obligations.

What sections should be included in a Music Buyout Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Rights Assignment: Details of the musical rights being transferred

5. Payment Terms: Compensation details and payment schedule

6. Warranties and Representations: Guarantees about ownership and right to sell

7. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Music Buyout Agreement?

1. Credit and Attribution: Requirements for crediting the original creator, if retained

2. Future Royalties Waiver: Explicit waiver of future royalty rights, if applicable

3. Moral Rights: Treatment of moral rights, if being waived or retained

4. Non-Disclosure: Confidentiality provisions, if required

What schedules should be included in a Music Buyout Agreement?

1. Schedule 1: Musical Works: Detailed list of musical works covered by the agreement

2. Schedule 2: Payment Schedule: Detailed breakdown of payment terms and installments

3. Schedule 3: Existing Licenses: List of any pre-existing licenses or agreements affecting the works

4. Appendix A: Rights Assignment Details: Specific rights being transferred and their territorial scope

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

England and Wales

Publisher

Ƶ

Document Type

Music Agreement

Cost

Free to use
Relevant legal definitions

























Clauses



























Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright, including musical works, sound recordings, performers' rights, moral rights, and provisions for copyright assignment and licensing

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for music agreements involving multiple stakeholders

Consumer Rights Act 2015: Legislation protecting consumer rights, applicable if one party is acting as a consumer rather than in a business capacity

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, intention to create legal relations, and capacity to contract

PRS and MCPS Regulations: Regulations governing collection and distribution of royalties through Performing Rights Society and Mechanical-Copyright Protection Society

EU Retained Law: Relevant copyright directives and regulations retained in UK law following Brexit

Berne Convention: International treaty governing copyright protection across member countries

WIPO Copyright Treaty: International treaty addressing copyright protection in the digital environment

Rome Convention: International convention protecting performers, producers of phonograms, and broadcasting organizations

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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