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Music Publishing Contract for the United Kingdom

Music Publishing Contract Template for England and Wales

A Music Publishing Contract under English and Welsh law is a legal agreement between a music publisher and a songwriter/composer that establishes the terms for the commercial exploitation of musical works. This contract governs the assignment or licensing of copyright, specifies royalty arrangements, and outlines the territorial scope of the agreement. It incorporates provisions from the Copyright, Designs and Patents Act 1988 and addresses requirements for both domestic and international music publishing rights management.

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Music Publishing Contract

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What is a Music Publishing Contract?

The Music Publishing Contract is essential for formalizing the relationship between music publishers and creators of musical works. This agreement, governed by English and Welsh law, establishes the framework for the commercial exploitation of musical compositions, including details about copyright assignment or licensing, royalty structures, and territorial rights. It's typically used when a songwriter or composer wants to partner with a publisher to promote and monetize their works, ensuring compliance with UK copyright law and international music publishing conventions.

What sections should be included in a Music Publishing Contract?

1. Parties: Identification of the publisher and songwriter/composer

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

3. Definitions: Key terms used throughout the agreement including Musical Works, Publishing Rights, Territory, and Collection Societies

4. Grant of Rights: Specific rights being transferred to the publisher including reproduction, distribution, and performance rights

5. Term: Duration of the agreement and any renewal provisions

6. Royalties and Payment Terms: Financial terms including royalty rates, payment schedules, and accounting provisions

7. Warranties and Representations: Guarantees about ownership and originality of works

8. Termination: Circumstances under which the agreement can be ended and post-termination obligations

What sections are optional to include in a Music Publishing Contract?

1. Minimum Commitment: Required number of works to be delivered, used for exclusive agreements

2. Sub-Publishing: Rights to appoint sub-publishers in other territories

3. Moral Rights: Treatment of moral rights, particularly relevant for international exploitation

4. Creative Control: Rights regarding approval of modifications, needed for certain types of works

What schedules should be included in a Music Publishing Contract?

1. Schedule of Works: List of musical compositions covered by the agreement

2. Royalty Rates Schedule: Detailed breakdown of royalty rates for different types of use

3. Territory Schedule: List of territories where rights are granted

4. Collection Society Memberships: Details of relevant collection society registrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Music Agreement

Cost

Free to use
Relevant legal definitions




































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Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright protection for musical works, defining rights of copyright owners, moral rights provisions, and duration of copyright protection

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for music publishing agreements involving multiple stakeholders

Consumer Rights Act 2015: Legislation protecting consumer rights, applicable when dealing with individual songwriters who may be classified as consumers

Berne Convention: International treaty governing copyright protection across multiple jurisdictions, ensuring minimum standards of copyright protection

Universal Copyright Convention: International copyright treaty providing copyright protection between member states

WIPO Copyright Treaty: International treaty addressing copyright protection in digital environment and new technologies

Rome Convention: International convention protecting rights of performers, producers of phonograms, and broadcasting organizations

PRS Regulations: Rules and regulations set by the Performing Rights Society for music performance rights and royalty collection

MCPS Rules: Mechanical-Copyright Protection Society regulations governing mechanical reproduction rights and licensing

EU Retained Law - Copyright: Former EU copyright laws retained in UK law post-Brexit that continue to affect music publishing

Collection Society Requirements: Membership requirements and rules for various music rights collection societies operating in the UK

Contract Formation Principles: Common law principles governing how valid contracts are formed and enforced under English law

Consideration Doctrine: Common law requirement that all contracts must have consideration (exchange of value) to be legally binding

Contractual Capacity: Legal principles determining who has the capacity to enter into binding contracts

Misrepresentation Laws: Legal principles governing false statements or misleading information in contract formation

Contractual Remedies: Legal principles and rules governing remedies available for breach of contract under English law

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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