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Song Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Song Agreement

"I need a Song Agreement for a Hong Kong-based independent songwriter granting exclusive rights to a music publisher, including digital distribution rights across Asia Pacific, with an initial term of 3 years starting January 2025 and royalty payments of 60/40 split in favor of the songwriter."

Document background
The Song Agreement is a fundamental document in the music industry, used to establish and govern the legal relationship between songwriters and entities that will commercially exploit their musical works. This contract type is essential when a songwriter wishes to grant rights to a publisher or when multiple parties collaborate on a musical composition. The agreement, governed by Hong Kong law, typically covers crucial aspects such as copyright assignment or licensing, royalty structures, exploitation rights, and territorial scope. It must comply with Hong Kong's Copyright Ordinance (Cap. 528) and related regulations, while addressing both traditional and digital distribution channels. The document is particularly important in Hong Kong's vibrant entertainment industry, where it helps protect creators' rights while facilitating commercial exploitation of musical works across Asian markets and beyond.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including songwriter(s), publisher, and any other relevant parties

2. Background: Sets out the context of the agreement and brief description of the song(s) involved

3. Definitions: Defines key terms used throughout the agreement including 'Composition', 'Recording', 'Territory', 'Term', and 'Rights'

4. Grant of Rights: Details the specific rights being granted or assigned, including publishing, licensing, and exploitation rights

5. Term and Territory: Specifies the duration of the agreement and the geographical areas where the rights can be exercised

6. Delivery Requirements: Specifies the format, quality, and timeline for delivery of the song(s)

7. Payment and Royalties: Details the financial terms, including advances, royalty rates, and payment schedules

8. Accounting and Auditing: Sets out the requirements for financial reporting and rights to audit

9. Warranties and Representations: Contains promises made by each party regarding ownership, originality, and authority to enter into the agreement

10. Credit and Attribution: Specifies how the songwriter(s) will be credited in various uses of the song

11. Termination: Details circumstances under which the agreement can be terminated and the consequences

12. General Provisions: Standard contractual clauses including governing law, notices, and entire agreement

Optional Sections

1. Co-Writer Provisions: Required when multiple songwriters are involved, detailing split of ownership and royalties

2. Samples Clearance: Needed when the song contains samples from other works

3. Sync Rights: Specific provisions for synchronization rights if specifically being dealt with separately

4. Sub-Publishing: Required when sub-publishing rights are being granted for specific territories

5. Performance Rights: Detailed provisions about performance rights if specifically being dealt with

6. Digital Distribution: Specific provisions for digital platforms and streaming services

7. Recording Obligations: Required when the agreement includes obligations to record the song

8. Marketing and Promotion: Details promotional obligations if part of the agreement

Suggested Schedules

1. Schedule 1 - Song Details: Detailed information about the song(s) including title, writer credits, and copyright registration details

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

3. Schedule 3 - Delivery Requirements: Technical specifications for song delivery including format requirements

4. Schedule 4 - Territory Restrictions: Detailed list of included and excluded territories if applicable

5. Schedule 5 - Prior Agreements: List of any existing agreements affecting the song

6. Appendix A - Writer's Questionnaire: Standard form collecting all relevant information about the song and its creation

7. Appendix B - Split Sheet: Details the ownership splits between multiple writers if applicable

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

Relevant legal definitions

















































Clauses








































Relevant Industries

Music and Entertainment

Media Production

Digital Content

Broadcasting

Film and Television

Advertising

Gaming

Live Events

Digital Streaming

Music Publishing

Relevant Teams

Legal

Business Affairs

Rights Management

Licensing

Royalties

Creative

A&R

Publishing

Copyright

Business Development

Relevant Roles

Music Publisher

Legal Counsel

Contracts Manager

Rights Administrator

A&R Manager

Copyright Manager

Business Affairs Director

Licensing Manager

Music Supervisor

Royalty Administrator

Publishing Manager

Creative Director

Business Development Manager

Artist Manager

Music Producer

Industries






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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