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Songwriter Contract for the Netherlands

Songwriter Contract Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions between a songwriter and a music publisher or company. The contract outlines the rights and obligations of both parties, including copyright assignments, royalty arrangements, and delivery requirements. It incorporates specific provisions required under Dutch copyright law (Auteurswet) and addresses moral rights protection, which is particularly strong in Dutch jurisdiction. The agreement covers various aspects such as compensation, term duration, territorial rights, and includes specific provisions for collection society relationships, particularly with Buma/Stemra.

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What is a Songwriter Contract?

The Songwriter Contract serves as a fundamental legal instrument in the Dutch music industry, establishing the professional relationship between songwriters and music publishers or companies. This agreement is essential when a songwriter agrees to create musical compositions for or license their works to a publisher. The contract, governed by Dutch law, must comply with the Dutch Copyright Act (Auteurswet) and related legislation, particularly regarding moral rights and collection society provisions. It typically includes detailed terms about rights assignment, royalty structures, minimum delivery requirements, and exploitation rights. The document is particularly important in the Netherlands due to specific local requirements regarding copyright protection and the role of collection societies like Buma/Stemra. This type of contract can be used for both exclusive and non-exclusive arrangements, and can be adapted for both established and emerging songwriters.

What sections should be included in a Songwriter Contract?

1. Parties: Identification of the songwriter and the publisher/company, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the songwriter's expertise and the publisher's business

3. Definitions: Key terms used throughout the agreement, including 'Musical Works', 'Royalties', 'Publishing Rights', etc.

4. Scope of Agreement: Details of the songwriting services to be provided and any exclusivity requirements

5. Grant of Rights: Specific rights being transferred or licensed to the publisher, including copyright assignments

6. Term and Territory: Duration of the agreement and geographical scope of the rights granted

7. Compensation: Payment terms, including advances, royalty rates, and payment schedules

8. Delivery Requirements: Specifications for delivering songs, including format, quantity, and deadlines

9. Writer's Obligations: Songwriter's commitments, including originality warranties and cooperation requirements

10. Publisher's Obligations: Publisher's commitments regarding exploitation and promotion of the works

11. Moral Rights: Protection of the songwriter's moral rights under Dutch law

12. Credit and Attribution: Requirements for crediting the songwriter

13. Representations and Warranties: Legal assurances from both parties

14. Termination: Conditions and procedures for ending the agreement

15. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

What sections are optional to include in a Songwriter Contract?

1. Co-Writing Provisions: Terms governing collaboration with other songwriters, used when co-writing is anticipated

2. Minimum Commitment: Specific number of songs required, used when the agreement requires a minimum output

3. Recording Services: Terms for recording services if the songwriter is also performing

4. Publishing Company Designation: Terms for establishing a separate publishing company, used in larger deals

5. Sync Rights: Specific terms for synchronization licensing, important for film/TV focused writers

6. Assignment to Collection Societies: Specific provisions regarding relationship with Buma/Stemra, used when direct collection society registration is required

7. Development Provisions: Terms for songwriter development and training, used with emerging writers

8. International Exploitation: Specific terms for international markets, used when global distribution is planned

What schedules should be included in a Songwriter Contract?

1. Schedule A - Minimum Commitment Details: Detailed requirements for song delivery, including timelines and specifications

2. Schedule B - Royalty Rates: Comprehensive breakdown of royalty rates for different types of usage

3. Schedule C - Approved Co-Writers: List of pre-approved co-writers if applicable

4. Schedule D - Existing Works: List of songwriter's pre-existing works excluded from the agreement

5. Schedule E - Technical Specifications: Technical requirements for song delivery and recording standards

6. Appendix 1 - Standard Release Form: Template for releasing individual songs under the agreement

7. Appendix 2 - Payment Statement Format: Template for royalty statements and reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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