What is a Music Publishing Agreement Review?
A music publishing agreement is a legal contract signed by a composer or songwriter and a music publishing company. It specifies important terms related to music creation and distribution, such as the parties’ rights, compensation, and obligations.
If you’ve drafted a music publishing agreement, you should review it for clarity.
Read the rest of this article to explore what agreement terms you should review, general tips for reviewing the entire document, and why you should hire a lawyer to conduct a thorough review of your music publishing agreement.
What Terms Should You Review in a Music Publishing Agreement?
There are some important terms you should check in a music publishing agreement:
- Parties. Both parties must be accurately defined, such as with their full legal names and contact information.
- Grant of rights. The rights being granted to the publishing company must be clearly defined, such as in terms of performance and print rights.
- Compensation. Check how income and royalties are shared between parties.
- Obligations. Both parties’ duties must be clearly stated so there’s no confusion.
- Audit rights. The songwriter should have a right to audit the publisher’s records so that royalty payments are accurate.
- Territory. Check if the agreement is worldwide, limited, or split between territories.
- Termination. Make sure there’s clarity about how either party can end the agreement should this be required.
How Do You Review a Music Publishing Agreement?
To protect your creative and financial interests, you should consider some important aspects of the music publishing agreement when reviewing it.
Check the Deal Type
Your agreement should provide clarity about the type of deal and how ownership works, such as if you’re sharing copyright or you maintain full copyright of the content.
Verify the Income Distribution
Your agreement must clarify exactly how income will be split between parties. This should include a percentage, such as a 75/25 split, so that there’s no confusion. Don’t forget to check if an advance is included.
Look at Parties’ Obligations
Be specific about both parties’ duties, such as that the publisher will engage in promotional tasks. Avoid vague phrases, such as “provide services to their best effort,” that don’t explain the practical tasks which must be met or can make it challenging to understand how to measure performance.
Identify a Reversion Clause
As the composer in the agreement, you should protect your interests by checking if the agreement has a reversion clause. This transfers your copyright back to you should the music publisher not meet the agreed-on goals.
Consider Recoupment
When reviewing your agreement, identify what costs can be recouped and if they are taken from royalties or other money. You should also specify if advances can be recouped. This is important to prevent ambiguity or disputes in future.
Look at Deliverable Requirements
The agreement might state that the songwriter has to produce a certain number of tracks. This is important to check so that there’s clarity over what is required and by what deadlines. Include what consequences come into play should deliverables not be provided.
Do You Need a Legal Review of a Music Publishing Agreement?
It’s advisable to consult a qualified lawyer to review your music publishing agreement so that they can give you peace of mind that the agreement is legally valid and fair to both parties.
Some things a lawyer will do during the review process include:
- Explaining all terms in the music publishing agreement, such as by unpacking legal terminology so that it’s easy to understand.
- Checking what rights both parties have and what they’re giving away. This includes assigning licensing copyright.
- Reviewing the contract term and checking if there are any renewal provisions.
- Verifying ownership and reversion clauses so that you minimize your risk of disputes.
- Calculating all payment terms, such as royalty splits, for fairness.
- Examining the advance and when it will be paid. They’ll provide clarity about if the advance should be recouped.
- Review all expenses. A lawyer will consider any costs that are included, such as admin fees, commissions, and other expenses, and who is responsible for them.
- Consider creative control. A lawyer will explain if the songwriter has veto or approval rights over the content.
- Flagging any one-sided or unfair clauses in the agreement that they can revise.
- Checking the local laws. A lawyer has legal knowledge and will guide you on assessing the agreement under the relevant jurisdiction.
Where to Find a Lawyer to Review a Music Publishing Agreement
If you’d like to work with a lawyer to review your music publishing agreement, you don’t have to struggle to find one or ask people you know for lawyer recommendations. Online legal platforms such as ContractsCounsel make the process of hiring a lawyer for an in-depth legal review simple.
ContractsCounsel is one of the biggest online legal marketplaces where you can find a lawyer who’s reputable and experienced. You’ll connect with a curated network of vetted lawyers.
Instead of having to find a lawyer on the platform, all you have to do is request that a lawyer reviews your music publishing agreement. Here are the steps to follow:
- Go to the ContractsCounsel marketplace, where it’s free to post your request.
- Select ‘One-time project’ and ‘Contract review.’ Include details of what you need, such as why you want to review your agreement or if there are any sections you’re concerned about.
- Wait for bids. You’ll receive bids from lawyers on the platform who are ready to assist you with a review of your contract.
- Review the lawyer information. You should check the information on the lawyers’ profiles, such as their location, expertise, credentials, years of experience, and client ratings they’ve achieved for previous projects completed on the platform.
- Select a lawyer to hire for a music publishing agreement review, for which they’ll charge a flat fee.
