The Music Publishing Contract serves as the foundational agreement between music creators and publishers in Ireland, operating under Irish law and EU regulations. This document is essential when a songwriter or composer wishes to partner with a publisher for the commercial exploitation of their musical works. It covers crucial elements such as rights assignment, royalty structures, territorial scope, and exploitation terms. The agreement ensures compliance with the Copyright and Related Rights Act 2000 and relevant EU directives, while also addressing modern digital distribution requirements. It's particularly important for establishing clear terms for revenue collection, administrative responsibilities, and the scope of the publisher's authority to exploit the works across various platforms and territories.
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1. Parties: Identifies and defines the Publisher and Songwriter/Composer with full legal names and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Defines key terms used throughout the agreement including 'Musical Works', 'Publishing Rights', 'Territory', 'Net Income', etc.
4. Grant of Rights: Specifies the rights being transferred to the publisher, including reproduction, distribution, and synchronization rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Publisher's Obligations: Details the publisher's duties including promotion, exploitation, and administration of the works
7. Songwriter's Obligations: Outlines the songwriter's responsibilities, including delivery of works and cooperation in exploitation
8. Warranties and Representations: Songwriter's guarantees regarding ownership and originality of works
9. Financial Terms: Royalty rates, advances, payment schedules, and accounting provisions
10. Retention of Rights: Specifies any rights retained by the songwriter
11. Assignment and Sub-Publishing: Terms regarding the publisher's right to assign or sub-license the rights
12. Termination: Conditions and procedures for ending the agreement
13. Notices: How formal communications between parties should be made
14. Governing Law: Confirms Irish law governs the agreement and jurisdiction for disputes
1. Minimum Commitment: Used when the songwriter is required to deliver a minimum number of works
2. Exclusive Songwriter Agreement: Include when the songwriter is bound exclusively to the publisher
3. Co-Writing Provisions: Required when the songwriter collaborates with other writers
4. Digital Exploitation: Specific provisions for digital platforms and new technologies
5. Foreign Income: Detailed provisions for international revenue collection
6. Moral Rights: Specific handling of moral rights, particularly relevant for civil law jurisdictions
7. Power of Attorney: When publisher needs specific authority to act on songwriter's behalf
8. Reversionary Rights: Terms for rights returning to the songwriter under specific conditions
1. Schedule 1: Musical Works: List of all musical works covered by the agreement
2. Schedule 2: Royalty Rates: Detailed breakdown of royalty percentages for different types of use
3. Schedule 3: Accounting Procedures: Specific requirements for royalty calculations and statements
4. Schedule 4: Sub-Publishers: List of approved sub-publishers if applicable
5. Schedule 5: Prior Agreements: Details of any existing agreements affecting the works
6. Appendix A: Assignment Form: Template for assigning individual works to the publisher
7. Appendix B: Income Sources: Comprehensive list of income sources and revenue streams
8. Appendix C: Collection Society Memberships: Details of relevant collection society registrations
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