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Songwriter Collaboration Agreement for Australia

Songwriter Collaboration Agreement Template for Australia

This document is a comprehensive legal agreement governed by Australian law that establishes the terms and conditions for collaboration between two or more songwriters. It covers crucial aspects including copyright ownership, revenue sharing, writer credits, and decision-making processes. The agreement incorporates provisions from the Australian Copyright Act 1968 and related legislation, ensuring proper protection of intellectual property rights and compliance with local music industry standards. It addresses both creative and commercial aspects of the collaboration, including royalty collection, moral rights, and the exploitation of the created works in various formats and territories.

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What is a Songwriter Collaboration Agreement?

The Songwriter Collaboration Agreement is essential for creative professionals in the Australian music industry who wish to formalize their collaborative songwriting arrangements. This document becomes necessary when two or more songwriters plan to work together on creating musical compositions, whether for a specific project or as an ongoing collaboration. It provides a clear framework for ownership rights, revenue sharing, and creative control, while ensuring compliance with Australian copyright law and industry practices. The agreement is particularly important in today's complex music industry landscape, where songs may be exploited across multiple platforms and territories. It helps prevent future disputes by clearly documenting the parties' intentions and arrangements regarding ownership splits, writer credits, and decision-making processes. The agreement can be customized to accommodate various collaboration scenarios, from one-off writing sessions to long-term partnerships.

What sections should be included in a Songwriter Collaboration Agreement?

1. Parties: Identifies all songwriters participating in the collaboration, including their legal names, professional names, and contact details

2. Background: Sets out the context of the collaboration and the parties' intention to work together to create musical compositions

3. Definitions: Defines key terms used throughout the agreement, including 'Musical Works', 'Publishing Rights', 'Royalties', etc.

4. Scope of Collaboration: Defines the nature and extent of the collaborative relationship, including any specific projects or goals

5. Ownership of Copyright: Establishes the ownership split of the musical works created during the collaboration

6. Writer Credits: Specifies how the songwriters will be credited on recordings, sheet music, and other materials

7. Revenue Sharing: Details how income from the songs will be split between the parties

8. Collection of Royalties: Specifies arrangements for collecting and distributing royalties, including the role of PROs

9. Moral Rights: Addresses the moral rights of the songwriters in relation to the works

10. Decision Making: Establishes how decisions about licensing, synchronization, and other uses will be made

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

12. Confidentiality: Requires parties to maintain confidentiality about the collaboration and created works

13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement

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

1. Publishing Rights: Required when the parties wish to specify arrangements for publishing the works, including publisher selection and terms

2. Recording Sessions: Needed when the agreement covers practical arrangements for recording sessions, including costs and scheduling

3. Exclusive Collaboration: Used when the parties agree to work exclusively with each other for a specific period or project

4. Sample Clearance: Required when the collaboration may involve using samples from other works

5. International Rights: Needed when the collaboration involves international exploitation of the works

6. Social Media and Promotion: Used when specifying how the collaboration will be promoted on social media and other platforms

7. Dispute Resolution: Optional detailed procedures for resolving disputes, including mediation or arbitration

What schedules should be included in a Songwriter Collaboration Agreement?

1. Schedule 1 - Existing Works: Lists any pre-existing works brought into the collaboration by either party

2. Schedule 2 - Ownership Splits: Details the percentage splits for each song created during the collaboration

3. Schedule 3 - Writer Credit Format: Specifies the exact format for writer credits on different platforms and media

4. Schedule 4 - Approved Third Party Users: Lists any pre-approved licensees or users of the works

5. Schedule 5 - Revenue Collection Details: Contains banking and payment details for revenue distribution

6. Appendix A - Song Registration Form: Template for registering new songs created under the collaboration

7. Appendix B - Project Timeline: If applicable, timeline for specific projects or deliverables under the collaboration

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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