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SPECIMEN PUBLISHING AGREEMENTS |
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| EXCLUSIVE SONGWRITING
AGREEMENT (where all songs written by the Composer are assigned to the Publisher during the term of the Agreement) |
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| AN AGREEMENT made this 1st day of January 2007 (INSERT APPROPRIATE DATE) between NAME OF PUBLISHER (hereinafter called "the Publisher") of the one part and NAME OF WRITER / COMPOSER of ADDRESS OF COMPOSER (hereinafter called "the Composer" ) of the other part. WITNESSETH: 1. THE Composer agrees to compose and write music and lyrics exclusively for and during the period of this Agreement for and on behalf of the Publisher and hereby undertakes to assign transfer and deliver to the Publisher or its successors and assigns the whole of the property title copyright and other interests for all countries of the world in and to such music and lyrics and also in and to such music and lyrics written heretofore by the Composer subject to the rights of the Performing Rights Society Ltd. The Composer agrees not to render such services for any other person or firm without the prior written consent of the Publisher first obtained and not to act on his own behalf. 2. THE Composer warrants that all compositions assigned by him hereunder are and shall be original works and shall not infringe in any way the rights of third parties. The Composer hereby indemnifies the Publisher in respect of any claims demands and expenses arising from any breach of this warranty PROVIDED THAT the Publisher will not settle any claims without first consulting the Composer in respect thereof and having proper regard to the views of the Composer in the light of the Publisher's knowledge and experience and in the light of legal advice received by it. 3. THE rights of the Publisher include the right to make translations in foreign languages in consultation with the Composer. The Publisher is also entitled to grant licences or authorise others to exercise rights hereunder in whole or in part and to assign in whole or in part the compositions hereunder but the Publisher shall not be entitled to assign the whole burden of this Agreement without the prior consent of the Composer. 4. THE terms of the Agreement shall be for a period of three years from the date hereof. The Publisher shall then have the option to re-new this Agreement for a further period of three years. 5. THE Publisher undertakes to endeavour to promote the compositions the subject hereof to the best of his ability. 6. IN respect of each composition the subject hereof the Composer shall execute such forms as may be required by the Publisher for PRS or other collection or copyright registration Society and Bureaux. The parties hereto agree to execute such further documents as may be reasonably required by the other to effectuate the terms and conditions hereof. 7. ALL costs incurred by the Publisher in the development of compositions acquired hereunder by the Publisher shall be at the expense of the Publisher and the Composer shall not be charged with the whole or any part thereof. 8. The Publisher agrees to pay fees and royalties in respect of the compositions acquired hereunder to the Composer as follows: i) Fifty (50)per cent per copy of the recommended retail selling price of printed copies sold by the Publisher and paid for and pro rata in the case of collective publications; ii) Eighty (80) per cent of the net amount received by the Publisher of royalties in respect of sales to the public of mechanical reproductions. iii) The performing rights in the compositions shall be administered wholly by the Publisher (subject to his membership of PRS) who shall divide the resulting performing fees and broadcast fees between Publisher and Composer in the ratio Publisher twenty (20) per cent Composer eighty (80) per cent subject to any allocation for orchestral arrangements in accordance with the rules of PRS for the time being in force except where varied and agreed between Publisher and Composer when the work involves collaboration with another composer or composers. Such agreement will be deemed as ratified by the Publisher and Composer signing PRS/MCPS Joint Notification Forms or equivalent. The Composer hereby certifies that for the purposes of PRS rule 1(o) the Publisher is to be treated as exploiting the compositions (otherwise than by publishing) for the benefit of the persons interested therein to the extent indicated in the said rule. iv) These fees and royalties will in their totality be deposited in NAME OF PUBLISHER bank account within seven days of receipt by the Publisher the records of which will be accessible to both Publisher and Composer at the offices of the Publisher at any time. 9. THE royalty statements shall be made up to June 30th and December 31st in each year and include all receipts by the Publisher in that period and sent to the Composer within 28 days of such dates and shall be accompanied by a remittance for the amounts shown by the statements to be due and payable. 10. NO alleged breach of this Agreement which is capable of remedy shall be deemed a fundamental breach hereof unless the party complaining shall have given notice in writing to the other specifying such breach and the same shall not be remedied within a period of sixty days. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first before written: SIGNED by the said Publisher .............................................. SIGNED by the said Composer ....................................... in the presence of: 1. SIGNATURE and PRINTED NAME OF WITNESS |
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SINGLE SONGWRITING AGREEMENT (where a particular song written by the Composer is assigned to the Publisher during the term of the Agreement) |
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| AN AGREEMENT made this 1st day of January 2007
(INSERT APPROPRIATE DATE) between
NAME OF PUBLISHER (hereinafter called "the
Publisher") of the one part and NAME OF COMPOSER
of ADDRESS OF COMPOSER (hereinafter called "the
Composer" ) of the other part. WITNESSETH: 1. THE Composer agrees that he has composed the following composition: a) NAME OF SONG / TUNE (hereinafter called "the composition") and hereby undertakes to assign transfer and deliver to the Publisher or its successors the whole of the property title copyright and other interests for all countries of the world in and to the proportion written by him of the compositions for the period stated at para 4 herein below subject to the rights of the Performing Rights Society Ltd. 2. THE Composer warrants that the composition is an original work and shall not infringe in any way the rights of third parties. The Composer hereby indemnifies the Publisher in respect of any claims demands and expenses arising from any breach of this warranty PROVIDED THAT the Publisher will not settle any claims without first consulting the Composer in respect thereof and having proper regard to the views of the Composer in the light of the Publisher's knowledge and experience and in the light of legal advice received by it. 3. THE rights of the Publisher include the right to make translations in foreign languages after obtaining prior written approval from the Composer. The Publisher is also entitled to grant licences or authorise others to exercise rights hereunder in whole or in part and to assign in whole or in part the composition hereunder. 4. THE term of the Agreement shall be for a period of three years from the date hereof. The Publisher shall then have the option to re-new this Agreement for a further period of three years. Further extensions to this Agreement will be by mutual consent. 5. THE Publisher undertakes to promote the composition the subject hereof to the best of his ability. 6. IN respect of the composition the subject hereof the Composer shall execute such forms as may be required by the Publisher for PRS or other collection or copyright registration Society and Bureaux. The parties hereto agree to execute such further documents as may be reasonably required by the other to effectuate the terms and conditions hereof. 7. ALL costs incurred by the Publisher in the development of the composition acquired hereunder by the Publisher shall be at the expense of the Publisher and the Composer shall not be charged with the whole or any part thereof. 8. The Publisher agrees to pay fees and royalties to the Composer in respect of the composition assigned hereunder as follows: i) Fifty (50) per cent per copy of the recommended retail selling price of printed copies sold by the Publisher ii) Eighty (80) per cent of the net amount received by the Publisher of royalties in respect of sales to the public of mechanical reproductions iii) The performing rights in the compositions shall be administered wholly by the Publisher (subject to his membership of PRS) who shall divide the resulting performing fees and broadcast fees between Publisher and Co-composer in the ratio Publisher twenty (20) per cent Composer eighty (80) per cent.This subject to any allocation for orchestral arrangements in accordance with the rules of PRS for the time being in force. Such agreement will be deemed as ratified by the Publisher and Co-composer signing PRS/MCPS Joint Notification Forms or equivalent. The Co-composer hereby certifies that for the purposes of PRS rule 1(o) the Publisher is to be treated as exploiting the compositions (otherwise than by publishing) for the benefit of the persons interested therein to the extent indicated in the said rule. iv) These fees and royalties will in their totality be deposited in NAME OF PUBLISHER bank account within seven days of receipt by the Publisher the records of which will be accessible to both Publisher and Composer at the offices of the Publisher at any time. 9. THE royalty statements shall be made up to June 30th and December 31st in each year and include all receipts by the Publisher in that period and sent to the Composer within 60 days of such dates and shall be accompanied by a remittance for the amounts shown by the statements to be due and payable. 10. NO alleged breach of this Agreement which is capable of remedy shall be deemed a fundamental breach hereof unless the party complaining shall have given notice in writing to the other specifying such breach and the same shall not be remedied within a period of sixty days. IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first before written: SIGNED by the said Publisher SIGNED by the said Composer in the presence of: SIGNATURE and PRINTED NAME OF WITNESS |
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