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Administration Agreement Music Publishing for the United States

Administration Agreement Music Publishing Template for United States

A Music Publishing Administration Agreement is a legal contract governed by U.S. federal and state laws, particularly copyright law and the Music Modernization Act. This agreement establishes the relationship between a music publisher and an administrator who manages the publisher's catalog of musical compositions. The administrator handles licensing, royalty collection, accounting, and other administrative duties related to the exploitation of musical works in various formats and territories.

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Administration Agreement Music Publishing

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What is a Administration Agreement Music Publishing?

The Administration Agreement Music Publishing is essential when a music publisher wants to outsource the day-to-day management of their catalog to a specialized administrator. Used extensively in the U.S. music industry, this agreement defines the scope of administrative services, territory coverage, commission rates, and reporting requirements. It ensures compliance with U.S. copyright law while establishing clear procedures for licensing, royalty collection, and rights management across various usage types including mechanical, performance, and synchronization rights.

What sections should be included in a Administration Agreement Music Publishing?

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

2. Background: Context of the agreement and brief description of the parties' roles and intentions

3. Definitions: Key terms used throughout the agreement including 'Compositions', 'Territory', 'Term', 'Net Receipts', etc.

4. Appointment and Rights Granted: Scope of administrative rights granted to the administrator

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

6. Administrator's Services: Detailed description of administrative services to be provided

7. Compensation and Payment Terms: Commission rates, payment schedules, and accounting provisions

8. Representations and Warranties: Legal assurances from both parties

9. Termination: Conditions for ending the agreement and post-termination obligations

What sections are optional to include in a Administration Agreement Music Publishing?

1. Sub-Publishing: Terms for administration in foreign territories when international rights administration is contemplated

2. Digital Rights Management: Specific provisions for digital platforms and streaming services when digital distribution is a significant component

3. Audit Rights: Right to audit administrator's books and records, typically included in larger deals or when significant revenues are expected

4. Key Person Provision: Identifies essential personnel for service delivery when specific expertise or relationships are crucial

What schedules should be included in a Administration Agreement Music Publishing?

1. Schedule A - Composition List: Complete list of musical compositions covered by the agreement

2. Schedule B - Territory Definition: Detailed description of geographical territories covered

3. Schedule C - Commission Schedule: Detailed breakdown of commission rates for different types of income

4. Schedule D - Services Description: Detailed list of administrative services to be provided

5. Schedule E - Accounting Procedures: Specific requirements for statements and payments

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

United States

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Clauses




























Industries

U.S. Copyright Act: Primary federal legislation (17 U.S.C.) governing copyright protection for musical works, including composition rights, publishing rights, and duration of copyright protection

Music Modernization Act (MMA): 2018 legislation modernizing copyright law for the digital age, including streamlined mechanical licensing processes and royalty payments for streaming services

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online infringement, takedown procedures, and digital rights management

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation, including requirements for valid agreements

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable, particularly relevant for agreements lasting more than one year

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, which may affect certain aspects of publishing agreements

Mechanical Licensing Regulations: Rules governing the licensing of musical compositions for reproduction in physical formats or digital downloads

Performance Rights Regulations: Laws governing public performance rights and the role of performing rights organizations (PROs) like ASCAP, BMI, and SESAC

Synchronization Rights: Regulations concerning the use of music in audiovisual works, including films, TV shows, and advertisements

Digital Performance Rights: Laws governing rights and royalties for digital streaming and internet radio performances

International Copyright Treaties: Including Berne Convention and WIPO Treaties, governing international copyright protection and enforcement

Royalty Payment Regulations: Federal and state requirements for accurate accounting, timely payment, and reporting of music publishing royalties

State Entertainment Laws: Specific state provisions governing entertainment contracts, particularly relevant in states with large music industry presence like California and New York

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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