The Song Collaboration Agreement is essential for any musical project in Nigeria involving multiple creative contributors. This document becomes necessary when two or more artists, producers, or songwriters decide to create music together, establishing clear terms for their creative partnership. It covers crucial aspects such as copyright ownership, revenue distribution, creative control, and exploitation rights, all within the framework of Nigerian law, particularly the Copyright Act and related music industry regulations. The agreement is designed to prevent future disputes by clearly documenting each party's contributions, rights, and obligations. It includes specific provisions for different revenue streams (including digital platforms, which are increasingly important in the Nigerian music market), performance rights, and international exploitation of the work. The Song Collaboration Agreement should be put in place before any significant work begins on the collaborative project, ideally during the initial planning stages.
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1. Parties: Identifies and provides full details of all collaborating parties, including their professional names, legal names, and addresses
2. Background: Outlines the context of the collaboration, including the intended project and the parties' desire to work together
3. Definitions: Defines key terms used throughout the agreement, including 'Work', 'Revenue', 'Recording', 'Publishing Rights', etc.
4. Scope of Collaboration: Details the nature of the collaboration, including the song(s) to be created and each party's creative contributions
5. Ownership and Rights: Establishes the ownership split of the copyright and related rights in the musical work and recording
6. Revenue Sharing: Specifies how different revenue streams (including royalties, licensing fees, and performance income) will be shared
7. Credit and Attribution: Specifies how the collaborators will be credited on recordings, in marketing, and other materials
8. Recording and Production: Outlines the practical arrangements for recording, including studio time, costs, and production decisions
9. Exploitation Rights: Details how the song can be used, licensed, or sold, and who has authority to approve such uses
10. Accounting and Payment: Establishes the mechanism for collecting, accounting for, and distributing revenue
11. Warranties and Representations: Contains promises by each party about their right to enter the agreement and contribution originality
12. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement provisions
1. Producer Rights: Required when a producer is involved in the collaboration, detailing their rights, fees, and royalty arrangements
2. Sample Clearance: Needed if the song contains samples from other works, detailing clearance responsibilities and costs
3. Music Video Rights: Include when addressing the creation and ownership of music videos for the song
4. Live Performance Rights: Necessary when specifying arrangements for live performances of the song
5. International Rights: Include when the collaboration is intended for international exploitation
6. Social Media and Marketing: Required when specifying obligations for promoting the song on social media and other platforms
7. Moral Rights: Include when specifically addressing the waiver or assertion of moral rights under Nigerian law
8. Dispute Resolution: Optional detailed procedure for resolving disputes through mediation or arbitration before court proceedings
1. Schedule 1 - Song Details: Technical details of the song including working title, genre, BPM, key, and projected completion date
2. Schedule 2 - Ownership Split: Detailed breakdown of copyright ownership percentages and revenue share calculations
3. Schedule 3 - Budget: Breakdown of recording, production, and marketing costs and who will bear them
4. Schedule 4 - Timeline: Project timeline including recording dates, release schedule, and marketing milestones
5. Appendix A - Contribution Schedule: Detailed description of each party's creative contributions to the work
6. Appendix B - Payment Details: Banking and payment information for all parties
7. Appendix C - Marketing Plan: Optional detailed marketing and promotion strategy for the song
8. Appendix D - Sample Clearances: If applicable, documentation of all sample clearances and associated licenses
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