Music Publishing Agreement Governs the distribution and licensing of music compositions, specifying royalties, copyright ownership, and distribution channels.
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.
2.1 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.
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.
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.
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.
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.
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.
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.
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.
This Agreement shall be binding upon the parties hereto and their respective heirs, legal or personal representatives, successors, and permitted assigns.
In this Music Publishing Agreement, you will see the following sections:
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