Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher

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US-00595BG
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This form is an assignment and agreement for sale of a musical composition by its author to a publisher.

1. Introduction to Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher The Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher is a legally binding document that outlines the terms and conditions of transferring ownership rights and granting publishing rights of a musical composition to a publisher. This agreement is crucial for artists, songwriters, composers, or music producers looking to monetize their musical creations and enter into a partnership with a publishing company based in Nebraska. 2. Key Elements of the Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher a. Parties involved: This agreement will clearly identify the parties involved, including the songwriter (assignor) and the publisher (assignee) participating in the transaction. b. Description of the musical composition: A detailed description of the musical composition subject to the agreement will be provided, including the title, authorship credits, genre, and any additional pertinent information. c. Assignment of ownership rights: The agreement will clearly state that the songwriter is assigning and transferring all ownership rights, title, and interests in the musical composition to the publisher. d. Granting of publishing rights: The publisher will be granted exclusive rights to publish, distribute, and promote the musical composition, both in print and digital formats, throughout Nebraska (and potentially beyond if specified). e. Royalty and compensation terms: Details regarding royalty rates, payment schedules, and methods of calculating royalties will be outlined in this section, ensuring both parties' fair remuneration. f. Termination clause: This section will specify the circumstances under which either party can terminate the agreement, protecting the interests of both parties if any unforeseen circumstances arise. g. Representations and warranties: The agreement will contain clauses where both parties make representations and warranties regarding their respective rights, permissions, and lawful ownership of the musical composition. 3. Different Types of Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher a. Exclusive Assignment and Agreement: This type of agreement grants the publisher exclusive rights to exploit, distribute, and promote the musical composition, restricting the songwriter from entering into any similar publishing deals during the agreement's term. b. Non-Exclusive Assignment and Agreement: In this scenario, the songwriter retains the right to enter into agreements with other publishers simultaneously. The publisher is granted non-exclusive rights to publish and promote the composition within Nebraska only. c. Percentage-Based Agreement: This agreement determines the percentage split of royalties between the songwriter and the publisher. The percentages can vary depending on the negotiation between the parties and other factors such as the marketing efforts and resources dedicated by the publisher. d. Term-Based Agreement: This type of agreement sets a specific duration for which the songwriter grants publishing rights to the publisher. Upon expiry, both parties can renegotiate or terminate the agreement based on mutual agreement or specific conditions outlined in the contract. In conclusion, the Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher provides a legally binding framework for transferring ownership rights and granting publishing rights of a musical composition. Different types of agreements are available to cater to the specific needs and preferences of both the songwriter and the publisher. It is essential to consult with legal professionals to ensure a fair and mutually beneficial arrangement.

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FAQ

Publishing Agreement is very common today and involves a writer transferring 50% of the copyrights to the song(s) to the music publishers and an income split of 75/25 where 75% goes to the writer and 25% goes to the publisher.

As stated above, the songwriter receives 50% of the performance and mechanical royalties. The other 50% is the publisher's share. Now, this doesn't mean that the publisher keeps 50% of the royalties ? it just means that it's the publisher's duty to collect this share.

A Publishing or Song-writing Agreement is the document by which a songwriter assigns the copyright in their compositions to a music publisher in exchange for royalties and, in appropriate cases, an advance against those royalties.

Today, the current rate is 9.1 cents (typically split with co-writers and publishers). Performance Royalty ? A songwriter receives a performance royalty when their song is performed on terrestrial broadcast radio, in a live performance venue, or via online streaming services.

Under the individual song agreement, a writer transfers the copyright to one composition or a selected number of identified compositions to a publisher and, in return, receives a portion of the income earned from uses of that composition or compositions.

Under the individual song agreement, a writer transfers the copyright to one composition or a selected number of identified compositions to a publisher and, in return, receives a portion of the income earned from uses of that composition or compositions.

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Nebraska Assignment and Agreement for Sale of Musical Composition to Publisher