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Exclusive Songwriter Agreement for Canada

Exclusive Songwriter Agreement Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes an exclusive relationship between a songwriter and a music publisher. The agreement grants the publisher exclusive rights to administer, exploit, and commercialize the songwriter's musical compositions within specified territories. It includes detailed provisions for copyright assignment or licensing, royalty structures, minimum delivery requirements, and administrative obligations. The document incorporates relevant provisions from Canadian copyright law, particularly the Copyright Act (R.S.C., 1985, c. C-42), and addresses requirements for registration with Canadian performing rights organizations.

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What is a Exclusive Songwriter Agreement?

The Exclusive Songwriter Agreement is a fundamental document in the music publishing industry, establishing a legally binding relationship where a songwriter grants exclusive rights to their musical compositions to a publisher. This agreement is particularly important in the Canadian music industry, where it must comply with federal copyright legislation and provincial contract laws. The document is typically used when a publisher wishes to secure exclusive rights to a songwriter's current and future works, whether for a specific period or for the duration of copyright. It covers essential elements including copyright assignment or licensing, advance payments, royalty structures, minimum delivery requirements, and administrative obligations. The agreement needs to align with Canadian performing rights organizations' requirements and should address both domestic and international exploitation of the works. An Exclusive Songwriter Agreement is particularly crucial for emerging songwriters entering their first publishing deal, as well as established writers seeking new publishing arrangements.

What sections should be included in a Exclusive Songwriter Agreement?

1. Parties: Identification of the songwriter and the publisher/company, including full legal names and addresses

2. Background: Context of the agreement, songwriter's professional status, and general purpose of the arrangement

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

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

5. Grant of Rights: Exclusive rights granted to the publisher, including publishing, administration, and exploitation rights

6. Songwriter Services and Obligations: Specific duties, minimum commitment, and exclusivity obligations of the songwriter

7. Publisher Services and Obligations: Publisher's commitments regarding promotion, exploitation, and administration of the compositions

8. Ownership and Copyright: Copyright ownership provisions, registration responsibilities, and moral rights

9. Compensation and Royalties: Payment terms, royalty rates, accounting periods, and payment mechanics

10. Warranties and Representations: Songwriter's guarantees regarding ownership, originality, and right to enter agreement

11. Termination: Circumstances allowing termination, notice requirements, and post-termination rights

12. General Provisions: Standard clauses including notices, assignment, governing law, and entire agreement

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

1. Co-Writing Arrangements: Provisions for handling compositions created with other writers, used when songwriter regularly collaborates

2. Minimum Commitment: Specific number of compositions required, included when publisher wants guaranteed output

3. Advances: Terms for advance payments against future royalties, used when advances are part of the deal

4. Sub-Publishing: Rights and terms for sub-publishing arrangements, important for international exploitation

5. Producer Rights: Provisions for when songwriter also produces recordings, relevant for multi-role creators

6. Key Person Provisions: Specific requirements if agreement depends on certain individuals, used with publishing companies

7. Marketing and Promotion: Specific promotional commitments by publisher, included in more comprehensive deals

What schedules should be included in a Exclusive Songwriter Agreement?

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

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

3. Schedule C - Accounting Procedures: Specific requirements for royalty calculations and reporting

4. Schedule D - Controlled Compositions: List of compositions where songwriter controls both publishing and recording rights

5. Appendix 1 - Assignment of Copyright: Form for transferring copyright in new compositions

6. Appendix 2 - Song Registration Form: Template for registering new compositions with collecting societies

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

Canada

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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