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Composer Publisher Agreement for Philippines

Composer Publisher Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions under which a composer grants certain rights to a music publisher. The agreement covers the assignment or licensing of copyright, publishing rights, royalty arrangements, and the respective obligations of both parties. It incorporates specific provisions required under the Intellectual Property Code of the Philippines and addresses both traditional and digital exploitation of musical works, including provisions for local and international distribution, performance rights, and mechanical royalties.

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What is a Composer Publisher Agreement?

The Composer Publisher Agreement is a fundamental contract in the music industry, essential for establishing and managing the relationship between composers and music publishers in the Philippines. This agreement should be used when a composer wishes to partner with a publisher for the commercial exploitation of their musical works. It provides comprehensive coverage of rights assignment, royalty structures, and obligations of both parties, while ensuring compliance with Philippine intellectual property laws, particularly the Intellectual Property Code (Republic Act No. 8293). The document addresses both traditional publishing rights and modern digital exploitation methods, making it suitable for contemporary music industry practices while maintaining protection for creators' rights under Philippine jurisdiction.

What sections should be included in a Composer Publisher Agreement?

1. Parties: Identification of the Composer and the Publisher with their full legal names and addresses

2. Background: Context of the agreement, including brief description of the Composer's work and Publisher's business

3. Definitions: Definitions of key terms used throughout the agreement, including 'Works', 'Publishing Rights', 'Territory', 'Net Revenue', etc.

4. Grant of Rights: Specific rights being granted by the Composer to the Publisher, including reproduction, distribution, and adaptation rights

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

6. Delivery of Works: Requirements and specifications for delivery of musical compositions

7. Publisher's Obligations: Publisher's duties including promotion, exploitation, and administration of the Works

8. Composer's Obligations: Composer's ongoing responsibilities and warranties regarding the Works

9. Royalties and Payments: Payment terms, royalty rates, accounting periods, and payment methods

10. Moral Rights: Recognition and protection of the Composer's moral rights as per Philippine law

11. Warranties and Indemnities: Standard warranties about ownership and originality of the Works

12. Termination: Circumstances under which the agreement can be terminated and the consequences

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

What sections are optional to include in a Composer Publisher Agreement?

1. Sub-Publishing: Terms for appointing sub-publishers in other territories - include when international distribution is contemplated

2. Synchronization Rights: Specific provisions for use of works in audio-visual productions - include for composers likely to have works used in film/TV

3. Digital Distribution: Specific provisions for online and digital exploitation - include for modern publishing agreements

4. Minimum Commitment: Requirements for minimum number of works to be delivered - include for exclusive agreements with established composers

5. Creative Control: Provisions regarding approval rights for arrangements and adaptations - include for high-profile composers

6. Writer's Share Administration: Terms for publisher administering writer's share of performance royalties - include when publisher will collect all royalties

7. Collaboration Provisions: Terms governing co-writing situations - include when composer regularly collaborates with others

What schedules should be included in a Composer Publisher Agreement?

1. Schedule A - Works: List of musical compositions covered by the agreement, including registration numbers if applicable

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

3. Schedule C - Accounting Procedures: Detailed procedures for royalty calculations, statements, and auditing rights

4. Schedule D - Assignment of Rights: Formal assignment of rights documentation required under Philippine law

5. Appendix 1 - Minimum Delivery Requirements: Technical specifications for delivery of works (sheet music, recordings, etc.)

6. Appendix 2 - Sub-Publishers: List of approved sub-publishers if applicable

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 | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions



















































Clauses









































Relevant Industries

Music

Entertainment

Media

Publishing

Digital Media

Film and Television

Gaming

Advertising

Performing Arts

Creative Industries

Relevant Teams

Legal

Business Affairs

Royalties and Administration

Copyright Administration

Music Publishing

Licensing

Rights Management

Creative

Artist & Repertoire

Finance

Relevant Roles

Music Publisher

Composer

Songwriter

Legal Counsel

Copyright Administrator

Royalty Manager

Music Licensing Manager

Business Affairs Director

Contracts Manager

Rights Administrator

Publishing Director

A&R Manager

Music Industry Executive

Intellectual Property Lawyer

Entertainment Lawyer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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