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Exclusive Songwriter Agreement for Austria

Exclusive Songwriter Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes an exclusive relationship between a music publisher and a songwriter. The agreement grants the publisher exclusive rights to administer, exploit, and monetize the songwriter's musical compositions in exchange for specified compensation and professional support. It includes detailed provisions for copyright assignment or licensing, delivery requirements, royalty structures, and territorial rights, while ensuring compliance with Austrian copyright law, EU directives, and international music industry standards. The document addresses both the commercial and creative aspects of the relationship while protecting the moral rights of the creator as recognized under Austrian law.

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What is a Exclusive Songwriter Agreement?

The Exclusive Songwriter Agreement is a fundamental document in the music publishing industry, designed for situations where a music publisher wishes to secure exclusive rights to a songwriter's creative output. This contract type is particularly important in the Austrian market, where it must comply with both local copyright law (Urheberrechtsgesetz) and EU regulations. The agreement typically covers the assignment or licensing of rights, delivery obligations, compensation terms, and administrative responsibilities. It's particularly relevant when a publisher identifies a songwriter with significant potential and wishes to invest in their career development. The document needs to balance the commercial interests of the publisher with the creative and moral rights of the songwriter, while ensuring compliance with Austrian legal requirements regarding copyright transfer and fair compensation. The agreement should address collection society relationships (particularly with AKM/AUME), digital exploitation rights, and international sub-publishing arrangements.

What sections should be included in a Exclusive Songwriter Agreement?

1. Parties: Identification of the Publisher and Songwriter, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, including the Publisher's business, Songwriter's expertise, and mutual intention to enter into an exclusive relationship

3. Definitions: Key terms used throughout the agreement, including 'Compositions', 'Publishing Rights', 'Territory', 'Term', and 'Net Revenue'

4. Scope of Engagement: Details of the exclusive nature of the relationship and the songwriter's commitment to create and deliver musical compositions

5. Grant of Rights: Transfer or license of copyright and related rights in the compositions to the publisher

6. Term and Territory: Duration of the agreement and geographical scope of the rights granted

7. Delivery Obligations: Songwriter's obligations regarding composition delivery, minimum number of works, and quality standards

8. Compensation: Payment terms, including advances, royalty rates, and calculation methods

9. Accounting and Payments: Procedures for royalty accounting, payment schedules, and audit rights

10. Songwriter's Warranties and Representations: Guarantees regarding originality of works, non-infringement, and capacity to contract

11. Publisher's Obligations: Publisher's duties regarding exploitation, promotion, and administration of the compositions

12. Credit and Moral Rights: Requirements for songwriter attribution and protection of moral rights under Austrian law

13. Termination: Grounds for termination, notice requirements, and consequences of termination

14. Confidentiality: Obligations regarding confidential information and trade secrets

15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

What sections are optional to include in a Exclusive Songwriter Agreement?

1. Co-Writing Provisions: Include when the songwriter regularly collaborates with other writers, addressing rights splits and administrative procedures

2. Samples and Third-Party Materials: Include when the songwriter commonly uses samples or third-party materials in compositions

3. Minimum Commitment: Include when specifying a minimum number of compositions or specific delivery schedule

4. Sub-Publishing: Include when addressing international exploitation and sub-publishing arrangements

5. Performer Services: Include if the songwriter also provides demo recording services

6. Creative Control: Include when granting specific rights regarding approval of modifications or arrangements

7. Social Media and Promotion: Include when specifying obligations regarding social media presence and promotional activities

8. Force Majeure: Include when specific provisions for unforeseen circumstances affecting performance are needed

What schedules should be included in a Exclusive Songwriter Agreement?

1. Schedule A - Existing Compositions: List of compositions already written by the songwriter that are covered by the agreement

2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different types of use and territories

3. Schedule C - Minimum Commitment Details: Specific requirements for number and type of compositions to be delivered

4. Schedule D - Approved Third-Party Publishers: List of pre-approved sub-publishers or administrators in specific territories

5. Schedule E - Prior Commitments: List of any pre-existing obligations or commitments that are carved out from the agreement

6. Appendix 1 - Accounting Procedures: Detailed procedures for royalty calculations and payments

7. Appendix 2 - Delivery Requirements: Technical specifications for composition delivery including accepted formats and metadata requirements

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Music Agreement

Cost

Free to use

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