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CONTRACT CONTENTS

ARTICLE I

  • COMPOSITION
  • RIGHT GRANTED
  • TERMS AND CONDITIONS OF LICENSE
  • PAYMENTS
  • BOOKS OF ACCOUNTS AND AUDIT
  • ASSIGNMENT AND NOTICE
  • COPY TO OWNER
  • WARRANTIES

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

This ‘SUB PUBLISHING AGREEMENT’ (“Agreement”) is made by and entered into between [OWNER NAME] (the “Owner”) and [SUB-PUBLISHER NAME] (the “Sub-Publisher”), and is executed as a binding agreement as of the Effective Date (Owner and Sub-Publisher are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

  1. WHEREAS, the Owner owns certain musical composition(s) as described below; and
  2. WHEREAS, the Sub-Publisher desires to have Certain Rights and Licenses from Owner as described below.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Owner and the Sub-Publisher agree as follows:

 

ARTICLE I

  1. COMPOSITION

The term “Composition” as used in this Agreement shall mean the following Musical Composition(s):

The song titled “[SONG TITLE]”, written by [AUTHOR OF SONG];

The song titled “[SONG TITLE]”, written by [AUTHOR OF SONG];

The song titled “[SONG TITLE]”, written by [AUTHOR OF SONG];

(Continue as needed)

for the term herein set forth, and for the territory of [TERRITORY] only, (herein called the “Territory”).

  1. RIGHT GRANTED

The Owner hereby grants to the Sub-Publisher, for the licensed Territory only, and for a term equal to the balance of the term of the first [COUNTRY NAME] published copyright of the Composition, all rights existing under the copyrights of the Song for the Territory, including, but not limited, the words and music thereof, the right to print, publish, and vend the Composition in the licensed Territory, and all performing rights, and synchronization rights and mechanical rights of the Composition in the licensed Territory and all claims and demands relating thereto; except only as limited in this Agreement.

  1. TERMS AND CONDITIONS OF LICENSE

The foregoing assignment is made subject to the following terms and conditions:

(a) The Owner reserves all rights in and to all copyrights of the Composition and all the rights of any and every nature thereunder existing, for all the countries of the world outside the licensed Territory.

(b) The Owner reserves the exclusive right to license world-wide uses of the title of the Composition as a title for Motion Pictures.

(c) The grant of performing rights is subject to the rights of [NAME OF HOLDER]. The Sub-Publisher shall cause the performing and broadcast rights of the Song to be registered with the performing rights societies in the licensed Territory so as to provide that the entire publisher’s share of performing fees and broadcasting fees shall be credited and paid to the Owner. The Sub-Publisher shall account to the Owner with respect thereto in accordance with Section 4.(b)(iii).

(d) The Sub-Publisher shall have the right to issue non-exclusive world-wide licenses for the synchronization of the Composition with sound motion pictures. If such motion pictures are produced and originate in the Territory. The Owner reserves unto itself the exclusive right to grant licenses for the entire world for the synchronization of the Composition with sound motion pictures, if such sound motion pictures are produced and originate outside of the Territory, and the Sub-publisher shall not be entitled to share in any world-wide fees received by Owner in respect of any such world-wide licenses.

(e) The Sub-Publisher shall have the right to arrange and adapt the Composition, and to translate the lyrics of the Composition into languages of the Territory, or have a new title and lyrics written therefore, and said arrangements, adaptations, translations and new title and lyrics shall be the property of the Owner, subject to the rights of the Sub-Publisher hereunder.

  1. PAYMENTS

The Parties hereby acknowledge and agree as follows:

(a)  The Sub-Publisher agrees to pay the Owner a non-refundable advance of [$AMOUNT] ([###]) on [DATE]; and

(b)  Furthermore, the Sub-Publisher agrees to pay the Owner the following royalties in respect of the Composition.

(i)   An amount equal to [AMOUNT] ([##]%) PERCENT of the marked retail selling price of each and every copy of whatsoever kind and nature of the Composition, sold and paid for under the authority of this Agreement; and

(ii) An amount equal to [AMOUNT] ([##]%) PERCENT of all moneys received by the Sub-Publisher for: Mechanical Licenses issued by Sub-Publisher in respect of the Composition; Synchronization Licenses issued by it in respect of sound motion pictures produced and originated in the Territory; and Performing Fees and Broadcasting fees received by Sub-Publisher in respect of public performances for profit of the Territory.

(c)  The Sub-Publisher may reprint the Song in any folio, and in such event, the Sub-Publisher shall pay the Owner, a royalty of that proportion of TEN (10%) PERCENT of the net wholesale selling price of such folios sold and paid for as the Composition shall bear to all of the musical compositions contained in such folios.

  1. BOOKS OF ACCOUNTS AND AUDIT

The Sub-Publisher hereby acknowledges and agrees, as follows:

(a)  The Sub-Publisher shall keep true and accurate books of account, which shall at all times be open to inspection during regular business hours by the Owner. The Sub-Publisher shall prepare and forward to the Owner a detailed and itemized statement semi-annually in each year, in or about FORTY-FIVE (45) days after the end of each CALENDAR HALF-YEAR, for said CALENDAR HALF-YEAR, and each statement shall be accompanied by a remittance in the currencies of the Territory for all amounts to be due thereunder less taxes, if any. Said accounting and payment, in the absence of written objection thereto by the Owner within ONE (1) YEAR from the receipt thereof, shall constitute an account stated as to all royalties due for the period encompassed by such statement and/or payment; and

(b)  The Sub-Publisher shall make all of its contracts, correspondences, bills, invoices, books and files concerning the Composition available to representatives of Owner upon ONE (1) WEEK notice.

Continued…

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