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Composer Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between a composer and a commissioning party for the creation of original musical compositions. The document covers essential aspects including intellectual property rights, payment terms, delivery requirements, and usage rights, while ensuring compliance with New Zealand's Copyright Act 1994 and related legislation. It provides clear guidelines for both parties regarding their respective obligations, rights, and responsibilities throughout the composition process and subsequent exploitation of the work.

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What is a Composer Agreement?

The Composer Agreement is a specialized contract used in New Zealand's music and entertainment industry when commissioning original musical compositions. This document is essential when engaging a composer to create original music for various purposes such as film scores, video games, advertising jingles, or concert performances. The agreement ensures clear understanding of ownership rights, usage permissions, and compensation terms while complying with New Zealand intellectual property law. It protects both the composer's creative interests and the commissioner's commercial requirements by clearly defining deliverables, timelines, payment terms, and rights assignments. The document is structured to accommodate various types of musical compositions and can be customized based on the specific requirements of the project while maintaining compliance with New Zealand's legal framework.

What sections should be included in a Composer Agreement?

1. Parties: Identifies and provides full details of the composer and the commissioning party/publisher

2. Background: Outlines the context of the agreement, including the composer's expertise and the commissioner's requirements

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Intellectual Property Rights', 'Delivery', etc.

4. Scope of Work: Details the musical composition(s) to be created, including any specific requirements or parameters

5. Composer's Obligations: Specifies the composer's duties, deliverables, and timeline commitments

6. Commissioner's Obligations: Outlines the commissioner's responsibilities, including provision of materials and feedback

7. Intellectual Property Rights: Establishes ownership and licensing of the composition, including copyright assignments or licenses

8. Payment Terms: Details the fee structure, payment schedule, and any royalty arrangements

9. Delivery and Acceptance: Specifies the format, timeline, and process for delivery and acceptance of the composition

10. Warranties and Representations: Contains composer's warranties regarding originality and non-infringement

11. Term and Termination: Specifies the duration of the agreement and conditions for termination

12. Confidentiality: Establishes obligations regarding confidential information

13. General Provisions: Contains standard legal clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Composer Agreement?

1. Collaboration Terms: Used when the composer will be working with other artists or musicians

2. Live Performance Rights: Include when the agreement covers live performance arrangements

3. Digital Distribution: Specific terms for digital platform distribution and streaming rights

4. International Rights: Additional provisions for international exploitation of the work

5. Moral Rights: Specific handling of moral rights, especially relevant for certain jurisdictions

6. Recording Rights: Include when the agreement covers rights related to recording the composition

7. Synchronization Rights: Used when the music may be synchronized with visual media

8. Publishing Rights: Detailed terms for publishing arrangements if applicable

9. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

What schedules should be included in a Composer Agreement?

1. Schedule 1 - Work Specification: Detailed description of the musical work(s) to be composed, including style, length, instrumentation

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, including advances, royalties, and payment milestones

3. Schedule 3 - Delivery Requirements: Technical specifications for delivery formats, including file types, notation requirements

4. Schedule 4 - Timeline: Detailed project timeline including milestones, review periods, and delivery dates

5. Schedule 5 - Credit Requirements: Specifications for how the composer should be credited in various contexts

6. Appendix A - Previous Works: List of any pre-existing works that may be incorporated or referenced

7. Appendix B - Required Elements: Any specific musical elements or themes that must be included in the composition

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

New Zealand

Publisher

Ƶ

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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