The Song And Sound Recording Split Agreement is essential for music industry professionals operating under South African law who need to establish clear ownership and revenue sharing arrangements for musical works and sound recordings. This document is typically used when multiple parties have contributed to the creation of a song and its recording, requiring a formal agreement to define their respective rights and entitlements. It addresses various revenue streams including digital platforms, physical sales, synchronization licenses, and performance royalties, while ensuring compliance with South African legislation including the Copyright Act and Performers' Protection Act. The agreement is particularly important in the modern music industry where multiple revenue streams and complex rights management require careful documentation and clear terms for all parties involved.
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Key Requirements PROMPT example:
Song And Sound Recording Split Agreement
"I need a Song and Sound Recording Split Agreement for a collaborative track involving three songwriters, two featured artists, and a producer, with equal splits on publishing rights but different percentages on master rights, to be released in March 2025 through a South African record label."
1. Parties: Identification and details of all parties involved in the agreement, including songwriters, producers, performers, and rights holders
2. Background: Context of the agreement, including the creation of the song and sound recording, and the parties' contributions
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Work', 'Sound Recording', 'Publishing Rights', 'Master Rights', etc.
4. Ownership and Rights: Declaration of ownership percentages for both the musical composition and sound recording, including copyright ownership
5. Revenue Splits: Detailed breakdown of how various revenue streams will be split between parties, including streaming, downloads, sync licenses, and public performance
6. Administration and Collection: Procedures for collecting and distributing revenues, including the role of collection societies and administrators
7. Accounting and Payment: Terms for financial reporting, payment schedules, audit rights, and handling of retrospective income
8. Warranties and Representations: Guarantees by each party regarding their rights, contributions, and authority to enter the agreement
9. Credits and Attribution: Requirements for how parties should be credited in relation to the work
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes
1. Sample Clearance: Required if the work contains samples from other recordings, detailing clearance obligations and cost sharing
2. International Rights: Include when the agreement covers international territories, specifying territory-specific arrangements
3. Producer Royalty Points: Needed when producers receive points on master royalties instead of or in addition to ownership share
4. Side Artist Provisions: Include when featured artists or session musicians need specific provisions for their contributions
5. Publishing Administration: Required when one party is granted rights to administer publishing rights
6. NFT and Digital Assets: Include for agreements covering exploitation of the work in emerging digital formats
7. Remix Rights: Include when addressing the creation and exploitation of remixes
8. Live Performance Income: Required when the agreement covers income from live performances
1. Schedule A - The Musical Work: Detailed description of the musical composition, including lyrics, melody, and contributing writers
2. Schedule B - The Sound Recording: Technical details of the recording, including recording date, studio, producer, and personnel
3. Schedule C - Revenue Split Percentages: Detailed breakdown of split percentages for different revenue streams
4. Schedule D - Payment Details: Banking and payment information for all parties
5. Schedule E - Credit Requirements: Specific requirements for crediting all parties across different formats and media
6. Appendix 1 - Sample Details: If applicable, details of any samples used and their clearance status
7. Appendix 2 - Collection Society Registrations: Details of how the work should be registered with relevant collection societies
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music and Entertainment
Media Production
Digital Media
Broadcasting
Publishing
Live Entertainment
Digital Technology
Intellectual Property
Content Creation
Arts and Culture
Relevant Teams
Legal
Business Affairs
Rights Management
Royalties Administration
Music Publishing
A&R
Digital
Sync Licensing
Copyright Administration
Artist Development
Catalog Management
Relevant Roles
Music Producer
A&R Manager
Legal Counsel
Rights Manager
Royalty Manager
Music Publisher
Record Label Executive
Business Affairs Manager
Copyright Administrator
Artist Manager
Music Industry Consultant
IP Lawyer
Entertainment Lawyer
Sync Licensing Manager
Catalog Manager
Digital Rights Manager
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