New York Contract with Publisher for Exploitation of Musical Composition

• Category: Contracts - Publishing
• State: Multi-State
• Control #: US-1340769BG
• Format: Word; Rich Text

Description

This form is a sample of a contract with a publisher for exploitation of a musical composition.

A New York Contract with Publisher for Exploitation of Musical Composition is a legally binding agreement between a music composer or songwriter and a publishing company based in New York. This agreement outlines the terms and conditions under which the publisher will have the right to exploit and promote the musical composition in various media and commercial avenues. This contract serves as a vital tool for musicians and composers to protect their intellectual property rights while granting the publisher the license to use, publish, and exploit their work. It includes specific provisions that govern the scope of the publisher's rights, the revenue distribution, and the duration of the agreement. There are several types of New York Contracts with Publishers for Exploitation of Musical Composition, including: 1. Exclusive Publishing Agreement: This type of contract grants the publisher exclusive rights to exploit and promote the composition. The composer typically receives advances, royalties, and other compensation mutually agreed upon in exchange for granting exclusivity to the publisher. 2. Co-Publishing Agreement: In a co-publishing agreement, the composer and publisher share the rights to exploit and promote the composition. The publisher typically handles administrative tasks, licensing, and collecting royalties while sharing revenues with the composer. 3. Administration Agreement: An administration agreement allows the publisher to administer certain rights of the musical composition on behalf of the composer. The publisher assists in licensing, collection of royalties, and other administrative tasks but does not hold exclusive rights to exploit the composition. 4. Sub-publishing Agreement: This type of contract applies when a publisher grants the right to another publisher or sub-publisher to exploit and promote the composition within a specific territory or market. The sub-publisher shares revenue with the original publisher. Key terms commonly found in a New York Contract with Publisher for Exploitation of Musical Composition include: — Grant of Rights: Specifies the rights being granted to the publisher, such as reproduction, distribution, synchronization, and mechanical rights. — Territory: Defines the geographical area in which the publisher holds the rights to exploit the composition. It could be limited to New York, the United States, or include international territories. — Term: Specifies the duration of the agreement, typically ranging from a few years to the lifetime of copyright protection. — Royalties and Advances: Outlines the payment structure, including advances paid to the composer and royalty percentages based on sales, performances, and licenses. — Accounting and Statements: Establishes the frequency and format of royalty statements, detailing how and when the composer will receive their share of earnings. — Termination: Outlines the conditions under which either party can terminate the contract, such as breach of terms or expiration of the agreement. It is crucial for composers to seek legal advice before entering into any contract with a publisher to ensure their rights are protected and the terms are fair. A New York Contract with Publisher for Exploitation of Musical Composition should be carefully reviewed and negotiated to ensure a mutual understanding between the parties involved.