The Publishing Administration Agreement serves as a crucial legal instrument in the Indonesian music industry, establishing the framework for professional management of music publishing rights. This document is essential when rights holders (such as songwriters, composers, or music publishers) want to delegate the administration of their publishing rights to a specialized administrator while retaining ownership of their works. The agreement must comply with Indonesian copyright law and civil code requirements, including mandatory use of the Indonesian language when involving local parties. It typically covers comprehensive details about rights management, territory definitions, revenue collection and distribution, reporting requirements, and administrative responsibilities. The document is particularly relevant in today's digital age where music usage spans multiple platforms and territories, requiring professional administration for effective rights management and revenue optimization.
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1. Parties: Identification of the Rights Holder/Author and the Publishing Administrator
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Works', 'Publishing Rights', 'Territory', 'Net Receipts', etc.
4. Appointment and Rights Granted: Scope of administrator's appointment and specific rights being granted for administration
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Administrator's Obligations: Key responsibilities including collection, licensing, enforcement, and reporting duties
7. Rights Holder's Obligations: Obligations including providing necessary information, documents, and cooperation
8. Financial Terms: Commission structure, payment terms, accounting periods, and revenue distribution
9. Representations and Warranties: Parties' confirmations regarding ownership, authority, and non-infringement
10. Termination: Circumstances allowing termination and post-termination procedures
11. Confidentiality: Protection of confidential information exchanged during the relationship
12. Governing Law and Dispute Resolution: Choice of law and method for resolving disputes
13. General Provisions: Standard clauses including notices, assignment, and amendments
1. Sub-Publishing Arrangements: Include when administrator has right to appoint sub-publishers in specific territories
2. Digital Rights Management: Include for specific provisions regarding online and digital exploitation
3. Minimum Performance Requirements: Include when setting specific revenue or performance targets for the administrator
4. Audit Rights: Include for detailed audit procedures beyond standard reporting requirements
5. Creative Control: Include when rights holder wants approval rights over certain uses
6. Marketing and Promotion: Include when administrator has specific promotional obligations
7. Retention of Rights: Include when certain rights are specifically reserved by the rights holder
8. Force Majeure: Include for markets where force majeure events are common concerns
1. Schedule 1 - Works: List of musical works or compositions covered by the agreement
2. Schedule 2 - Territory Exclusions: Specific territories or regions excluded from the agreement
3. Schedule 3 - Commission Structure: Detailed breakdown of commission rates for different types of revenue
4. Schedule 4 - Existing Sub-Publishing Agreements: List of pre-existing sub-publishing arrangements to be maintained
5. Schedule 5 - Reporting Templates: Format and content requirements for regular financial reports
6. Appendix A - Power of Attorney: Legal authorization for administrator to act on rights holder's behalf
7. Appendix B - Copyright Registration Certificates: Copies of relevant copyright registrations for the Works
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