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Exclusive Songwriter Agreement for Australia

Exclusive Songwriter Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes an exclusive relationship between a songwriter and a music publisher or company. The agreement grants the publisher exclusive rights to the songwriter's compositions for a specified period and territory, covering aspects such as copyright assignment, royalty payments, minimum delivery commitments, and exploitation rights. It includes provisions for digital and traditional publishing, performance rights, and synchronization licensing, while ensuring compliance with Australian copyright and contract law.

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What is a Exclusive Songwriter Agreement?

The Exclusive Songwriter Agreement is a fundamental contract in the music publishing industry, used when a music publisher wishes to secure exclusive rights to a songwriter's creative output. This agreement, drafted under Australian law, typically covers multiple years and establishes the comprehensive framework for the commercial relationship between the parties. It includes essential provisions for copyright assignment, royalty structures, minimum delivery commitments, and exploitation rights across various media. The document is particularly important for establishing clear rights management in the digital age, ensuring compliance with Australian copyright law, and protecting both the songwriter's creative interests and the publisher's commercial investment. The agreement should be used when entering into long-term, exclusive publishing arrangements and requires careful consideration of both current and future exploitation opportunities.

What sections should be included in a Exclusive Songwriter Agreement?

1. Parties: Identifies the contracting parties - typically the songwriter and the music publisher/company

2. Background: Sets out the context of the agreement, including the songwriter's profession and the publisher's business

3. Definitions: Defines key terms used throughout the agreement, including 'Compositions', 'Publishing Rights', 'Territory', and 'Term'

4. Term and Territory: Specifies the duration of the agreement and the geographical areas where it applies

5. Grant of Rights: Details the exclusive rights being granted to the publisher, including publishing, licensing, and exploitation rights

6. Delivery Obligations: Specifies the songwriter's obligations regarding delivery of compositions, including minimum commitment and timeframes

7. Royalties and Payments: Details the payment structure, including advances, royalty rates, and payment schedules

8. Accounting and Auditing: Outlines the publisher's obligations regarding royalty accounting and the songwriter's audit rights

9. Warranties and Representations: Contains the songwriter's warranties regarding ownership and originality of compositions

10. Publishing and Exploitation: Details the publisher's obligations regarding exploitation and promotion of the compositions

11. Moral Rights: Addresses the handling of the songwriter's moral rights under copyright law

12. Termination: Sets out circumstances and procedures for terminating the agreement

13. General Provisions: Standard contractual provisions including notices, assignment, governing law, and dispute resolution

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

1. Co-Writing Arrangements: Required when the songwriter regularly collaborates with other writers, detailing how co-written works are handled

2. Synchronization Rights: Detailed section needed when film/TV synchronization is a significant focus

3. Digital Exploitation: Specific provisions for digital platforms and new media when particularly relevant

4. Producer Services: Include when the songwriter also provides production services

5. Sample Clearance: Required when the songwriter regularly uses samples in their compositions

6. Publishing Administration: Detailed administrative provisions for larger publishing deals

7. Creative Control: Include when the songwriter requires specific approval rights over use of compositions

8. Career Development: Include when the publisher takes on career development responsibilities

What schedules should be included in a Exclusive Songwriter Agreement?

1. Schedule 1: Existing Compositions: List of songwriter's existing works covered by the agreement

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty rates for different types of usage

3. Schedule 3: Minimum Commitment: Details of the minimum number of compositions required and delivery schedule

4. Schedule 4: Advance Payment Schedule: Schedule of advance payments and recoupment terms

5. Schedule 5: Restricted Compositions: List of any compositions excluded from the agreement

6. Appendix A: Assignment of Copyright: Formal assignment of copyright documentation

7. Appendix B: Power of Attorney: Standard power of attorney for publisher to administer rights

8. Appendix C: Certificate of Originality: Standard form for certifying originality of new compositions

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

Australia

Publisher

Genie AI

Document Type

Music Agreement

Sector

Cost

Free to use

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