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Music Publishing Agreement template
Music Publishing Agreement sample


What is Music Publishing Agreement?

Music Publishing Agreement Governs the distribution and licensing of music compositions, specifying royalties, copyright ownership, and distribution channels.



Sample template:



MUSIC PUBLISHING AGREEMENT


This Music Publishing Agreement (the "Agreement") is entered into as of [Date], by and between Harmony Sounds Publishing LLC, a [State] limited liability company with its principal place of business at [Address] ("Publisher"), and Alex Rhythmic Melodies, an individual residing at [Address] ("Composer").

1. GRANT OF RIGHTS

1.1 Exclusive Rights


Composer hereby grants to Publisher the sole and exclusive rights to administer, publish, distribute, and/or license the musical compositions (the "Compositions") listed in Exhibit A hereto, throughout the world during the Term (as defined below). Publisher shall have the following exclusive rights concerning the Compositions: to reproduce, adapt, arrange, license, sell, distribute, publicly perform, and/or create derivative works.



1.2 Term


The term of this Agreement (the "Term") shall be for a period of [Number of Years] years from the date hereof, and shall automatically renew for additional periods of one (1) year unless either party provides written notice of intention to terminate at least sixty (60) days prior to the expiration of the then-current term.



1.3 Ownership


Composer shall retain ownership of all copyrights in and to the Compositions, subject to the rights expressly granted to Publisher under this Agreement. Publisher shall have the right to file and register all necessary documents, and take all necessary actions, to fully protect and perfect the rights granted herein on behalf of Composer. Composer agrees to execute any necessary documentation related to such registrations and filings upon request by Publisher.



2. ROYALTIES

2.1 Mechanical Royalties


Publisher shall pay Composer a mechanical royalty equal to seventy-five percent (75%) of the net divided by the number of composers, in the case of a composition with multiple composers, for each unit of the Composition sold in physical or digital formats, or streamed via digital service providers. Mechanical royalties shall be paid semi-annually within ninety (90) days following the end of each calendar half-year.



2.2 Performance Royalties


Publisher will collect performance royalties on behalf of Composer from performing rights organizations, such as ASCAP, BMI or SESAC, in the United States and internationally. Publisher shall pay Composer seventy-five percent (75%) of the net performance royalties actually received by Publisher. Performance royalties shall be paid semi-annually within ninety (90) days following the end of each calendar half-year.



2.3 Synchronization Royalties


Publisher shall collect synchronization royalties on behalf of Composer for the use of the Compositions in audiovisual works, such as films, television programs, advertisements, and video games. Publisher shall pay Composer fifty percent (50%) of the net synchronization royalties actually received by Publisher. Synchronization royalties shall be paid semi-annually within ninety (90) days following the end of each calendar half-year.



3. WARRANTIES AND REPRESENTATIONS

Composer represents and warrants that (a) Composer is the sole and exclusive owner of the Compositions and has the full power and authority to enter into this Agreement, (b) the Compositions are original and not in the public domain, (c) the Compositions do not infringe upon any copyrights, trademarks, or rights of privacy, and (d) Composer has not previously assigned or transferred, or attempted to assign or transfer, any rights in the Compositions inconsistent with the rights granted herein.



4. INDEMNIFICATION

Composer shall indemnify, defend, and hold harmless Publisher and its successors, licensees, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of any breach of Composer's warranties and representations under this Agreement.



5. TERMINATION

This Agreement may be terminated by either party upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof from the non-breaching party.



6. NOTICES

All notices and other communications required or permitted under this Agreement shall be in writing and deemed delivered when personally delivered, sent by certified mail, return receipt requested, postage prepaid, or by email with electronic confirmation of receipt.



7. GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of [State] without regard to conflict of laws principles.



8. ENTIRE AGREEMENT

This Agreement contains the entire understanding of the parties with respect to its subject matter and supersedes any and all prior negotiations, understandings, and agreements, whether written or oral, between the parties relating to the subject matter hereof.



9. AMENDMENT AND WAIVER

No amendment or modification of this Agreement shall be valid or binding upon the parties unless made in writing and signed by both parties. No waiver of any right or remedy under this Agreement shall be effective unless made in writing and signed by the waiving party.



10. BINDING EFFECT

This Agreement shall be binding upon the parties hereto and their respective heirs, legal or personal representatives, successors, and permitted assigns.



Executed as of this [Date], the parties have duly authorized and caused their representatives to execute this Agreement.

By: ____________________________
[Harmony Sounds Publishing LLC]

By: ____________________________
[Alex Rhythmic Melodies]

EXHIBIT A
[List of Compositions, including title, composer(s), and registration information.]

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Common Sections of a Music Publishing Agreement


In this Music Publishing Agreement, you will see the following sections:

  1. Grant of Rights
  2. Royalties
  3. Warranties and Representations
  4. Indemnification
  5. Termination
  6. Notices
  7. Governing Law
  8. Entire Agreement
  9. Amendment and Waiver
  10. Binding Effect


Summary of each section:

  1. Grant of Rights : This section explains that the composer gives the publisher exclusive rights to manage, publish, distribute, and license their music compositions. The composer still owns the copyrights, but the publisher can use the music in various ways during the agreement's term. The term is a set number of years and can be renewed automatically unless either party decides to terminate the agreement.

  2. Royalties : This section outlines how the composer will be paid for their music. There are three types of royalties: mechanical, performance, and synchronization. The composer will receive a percentage of the net income from each type of royalty, and payments will be made semi-annually.

  3. Warranties and Representations : The composer promises that they own the music compositions, have the authority to enter the agreement, and that the compositions do not infringe on any copyrights or other rights. They also confirm that they have not previously assigned or transferred any rights in the compositions that would conflict with this agreement.

  4. Indemnification : The composer agrees to protect the publisher from any legal claims, damages, or expenses that may arise if the composer breaches their warranties and representations in the agreement.

  5. Termination : Either party can end the agreement if the other party breaches a significant term or condition and does not fix the issue within 30 days of receiving written notice.

  6. Notices : This section explains how the parties should communicate with each other in writing, either through personal delivery, certified mail, or email with electronic confirmation of receipt.

  7. Governing Law : The agreement will be governed by the laws of a specific state in the United States, regardless of any conflicts of law principles.

  8. Entire Agreement : This section states that the agreement contains the entire understanding between the parties and supersedes any previous negotiations or agreements related to the subject matter.

  9. Amendment and Waiver : Any changes to the agreement must be in writing and signed by both parties. A party can waive their rights under the agreement, but it must also be in writing and signed by the waiving party.

  10. Binding Effect : The agreement is binding on both parties and their respective heirs, legal representatives, successors, and permitted assigns.

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