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Music Publishing Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the relationship between a songwriter or composer and a music publisher. This contract defines the terms under which the publisher will administer, exploit, and manage the musical works, including rights assignment, royalty structures, and territorial scope. The agreement incorporates provisions compliant with New Zealand's Copyright Act 1994 and related legislation, establishing clear parameters for copyright management, revenue sharing, and the mutual obligations of both parties in the commercialization of musical works.

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What is a Music Publishing Contract?

The Music Publishing Contract serves as a crucial legal instrument in New Zealand's music industry, establishing the framework for the commercial relationship between creators of musical works and publishing entities. This document is essential when a songwriter or composer wishes to partner with a publisher for the exploitation and administration of their musical works. It encompasses key elements such as rights assignment, royalty arrangements, territorial scope, and administrative responsibilities, all aligned with New Zealand's legal framework, particularly the Copyright Act 1994 and related legislation. The contract is designed to protect both parties' interests while facilitating the commercial exploitation of musical works across various platforms and territories, making it a fundamental tool in modern music industry operations.

What sections should be included in a Music Publishing Contract?

1. Parties: Identification of the songwriter/composer and the music publisher

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Works', 'Territory', 'Publishing Rights', 'Net Revenue'

4. Grant of Rights: Specific rights being transferred to the publisher, including reproduction, distribution, and licensing rights

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

6. Publisher Obligations: Publisher's duties regarding promotion, exploitation, and administration of the works

7. Songwriter Obligations: Songwriter's duties, warranties, and commitments regarding the works

8. Royalties and Payment: Payment terms, royalty rates, and calculation methods

9. Accounting and Statements: Requirements for financial reporting and payment schedules

10. Copyright Registration: Obligations regarding copyright registration and protection of the works

11. Moral Rights: Recognition and protection of moral rights under New Zealand law

12. Termination: Conditions and procedures for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and interpretation

What sections are optional to include in a Music Publishing Contract?

1. Sub-Publishing: Terms for appointing sub-publishers in other territories - include when international exploitation is anticipated

2. Minimum Commitment: Minimum number of works to be delivered - include for exclusive songwriter agreements

3. Advance Payments: Terms for advance payments against future royalties - include when advances are offered

4. Digital Rights: Specific provisions for digital exploitation - include for contemporary agreements with significant digital focus

5. Writer's Share Collection: Terms for direct collection of writer's share - include when relevant to the specific arrangement

6. Co-Writing: Provisions for works created with other writers - include when songwriter regularly collaborates

7. Existing Works: Terms covering previously created works - include when agreement covers existing catalogue

8. Creative Control: Provisions for approval rights over use of works - include for high-profile songwriters

What schedules should be included in a Music Publishing Contract?

1. Schedule 1: Works: List of musical works covered by the agreement

2. Schedule 2: Royalty Rates: Detailed breakdown of royalty percentages for different types of use

3. Schedule 3: Minimum Activity Requirements: Specific promotional and exploitation activities required of the publisher

4. Schedule 4: Accounting Procedures: Detailed procedures for royalty calculations and payments

5. Appendix A: Assignment of Copyright: Formal assignment of copyright document

6. Appendix B: Mechanical Licensing Terms: Standard terms for mechanical licensing

7. Appendix C: Digital Exploitation Terms: Specific terms for digital platforms and uses

8. Appendix D: Sub-Publishing Territory List: List of territories and appointed sub-publishers

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

New Zealand

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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