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What are the most important songwriting agreements to have in the music industry?

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If you are a songwriter, you know that writing songs is not only a creative process, but also a business venture. You need to protect your rights and interests as the owner of your musical works, and also ensure that you receive fair compensation for your contributions. That's why you need to have songwriting agreements in place with your co-writers, publishers, producers, and other parties involved in the creation and exploitation of your songs. In this article, we will explain what are the most important songwriting agreements to have in the music industry, and what they cover.

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Debbie Egel

Nurse, Attorney

1 Split Sheets

A split sheet is a simple document that specifies how the ownership and income of a song are divided among the co-writers. It usually includes the names, contact information, and percentage shares of each writer, as well as the title, genre, and duration of the song. A split sheet is essential to avoid disputes and confusion among co-writers, and to establish the basis for registering the song with a performing rights organization (PRO), such as ASCAP or BMI, which collects and distributes royalties for public performances of songs.

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2 Work for Hire Agreements

A work for hire agreement is a contract that transfers the copyright ownership of a song from the writer to another party, such as a producer, label, or artist. This means that the writer gives up all rights and claims to the song, and receives a one-time payment or a flat fee for their work. A work for hire agreement is usually used when the writer is hired to create a song for a specific project or purpose, and does not expect to receive any royalties or residuals from the song.

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Debbie Egel

Nurse, Attorney
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A work for hire agreement is necessary if you want to own music that you have not created. It must be signed by the songwriters and the copyright will now be owned by the employer

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3 Publishing Agreements

A publishing agreement is a contract that grants a publisher the right to administer, exploit, and license a song or a catalog of songs, in exchange for a percentage of the income generated by the song. A publisher can help a writer to collect royalties, secure placements, and negotiate deals with other parties, such as sync licenses for film, TV, and video games, or mechanical licenses for physical or digital copies of the song. A publishing agreement can be exclusive or non-exclusive, and can cover the whole or a part of the writer's share of the song.

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4 Producer Agreements

A producer agreement is a contract that defines the role, responsibilities, and compensation of a producer in relation to a song or a project. A producer can be involved in various aspects of the song creation, such as arranging, recording, mixing, mastering, or editing. A producer agreement can specify how the producer is paid, either by a flat fee, an advance, a royalty, or a combination of these. It can also determine how the producer is credited, and whether they have any ownership or control over the song.

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Debbie Egel

Nurse, Attorney
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This is a contract that defines the agreement between the producer and the songwriter / performing artist in most cases. If a contract is not in place the song that is created becomes a joint work under copyright law which has ramifications for both parties.

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5 Collaboration Agreements

A collaboration agreement is a contract that outlines the terms and conditions of a joint venture between two or more parties, such as writers, producers, artists, or labels, who agree to work together on a song or a project. A collaboration agreement can cover various issues, such as the scope, duration, and goals of the collaboration, the division of ownership and income of the resulting work, the decision-making process, the dispute resolution mechanism, and the confidentiality and termination clauses.

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6 Licensing Agreements

A licensing agreement is a contract that grants a licensee the right to use a song or a part of a song for a specific purpose, such as a cover, a sample, a remix, or a live performance. A licensing agreement can also authorize the licensee to reproduce, distribute, or broadcast the song, subject to certain limitations and conditions. A licensing agreement can specify the duration, territory, and scope of the license, as well as the fee, royalty, or other compensation that the licensor receives for granting the license.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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What are the most important songwriting agreements to have in the music industry?

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1 Split Sheets

2 Work for Hire Agreements

3 Publishing Agreements

4 Producer Agreements

5 Collaboration Agreements

6 Licensing Agreements

7 Here’s what else to consider

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