The Songwriter Contract is a crucial legal document used in the Indonesian music industry to formalize the relationship between creators and publishers/commissioners of musical works. This agreement is essential when a songwriter creates original musical compositions for a publisher or company, whether for specific projects or general publishing arrangements. The contract must comply with Indonesian law, particularly Law No. 28 of 2014 on Copyright, which provides specific provisions for protecting creators' moral and economic rights. It typically includes detailed terms about copyright transfer, royalty payments, delivery specifications, and usage rights, while accounting for both traditional and digital exploitation of musical works. The document serves as a foundational agreement for professional songwriting relationships in Indonesia's music industry, protecting both parties' interests while facilitating commercial exploitation of creative works.
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1. Parties: Identifies and provides full details of the contracting parties - typically the Songwriter and the Publisher/Company
2. Background: Sets out the context of the agreement, including the songwriter's profession and the publisher's business
3. Definitions: Defines key terms used throughout the agreement, including 'Musical Works', 'Publishing Rights', 'Territory', and 'Term'
4. Scope of Engagement: Outlines the nature of the songwriting services to be provided
5. Grant of Rights: Details the transfer of copyright and related rights from songwriter to publisher, specifically addressing both economic and moral rights under Indonesian law
6. Retention of Rights: Specifies any rights retained by the songwriter, particularly moral rights that cannot be transferred under Indonesian law
7. Compensation: Details the payment terms, including advances, royalties, and payment schedules
8. Delivery Requirements: Specifies the format, quality, and timeline for delivery of musical works
9. Warranties and Representations: Songwriter's guarantees regarding originality and ownership of works
10. Publisher's Obligations: Details the publisher's responsibilities regarding exploitation and promotion of the works
11. Credit and Attribution: Specifies how the songwriter should be credited in various uses of the works
12. Term and Termination: Defines the duration of the agreement and circumstances for early termination
13. Confidentiality: Obligations regarding confidential information
14. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and defines jurisdiction for disputes
15. Execution: Signature blocks and execution requirements
1. Minimum Commitment: Used when requiring the songwriter to deliver a minimum number of songs within specific timeframes
2. Exclusivity Provisions: Include when the songwriter is required to work exclusively with the publisher
3. Co-Writing Provisions: Include when the songwriter will be collaborating with other writers
4. Publishing and Distribution Rights: Detailed section needed when the publisher will handle physical/digital distribution
5. Synchronization Rights: Include when songs may be licensed for film, TV, or advertising
6. Sub-Publishing: Include when works may be sub-published in other territories
7. Moral Rights Waiver: Specific provisions regarding the extent of moral rights waiver permitted under Indonesian law
8. Assignment and Sub-Contracting: Include when either party may need to assign rights or obligations
9. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule A - List of Musical Works: Detailed inventory of songs covered by the agreement, including any existing works
2. Schedule B - Royalty Rates: Detailed breakdown of royalty percentages for different types of usage
3. Schedule C - Minimum Delivery Requirements: Specific technical requirements for song delivery including format, quality standards
4. Schedule D - Territory Definitions: Detailed breakdown of territorial rights and restrictions
5. Schedule E - Prior Commitments: List of any pre-existing commitments or agreements that might affect the contract
6. Appendix 1 - Recording Requirements: Technical specifications for recordings if applicable
7. Appendix 2 - Payment Schedule: Detailed timeline for advances and other scheduled payments
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