Assignment agreement: of music copyright; sale plus royalty; limited territory

This is a straight forward cash sale plus continuing royalty agreement of rights in music for recording and resale and/or performance. The agreement specifies the terms and limitations you can select.

Suitable for use in: England & Wales and Scotland
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About this document

This agreement is for the sale of rights in music or choreographic work. It could be used by either the buyer or the seller. It covers protection for both in reasonable balance. Of course, you may edit out any paragraph that you think may overly favour your counter party.

The work could be of any size, complexity or for any purpose. For example, it could be:

  • a jingle that a company wishes to use in multiple marketing campaigns to reinforce a brand

  • a song that a production company wishes to incorporate in a West End musical

  • music written specifically to accompany a short film made by the buyer

  • a composition inherited by a family relative of the composer, who now wishes to sell

The agreement preserves the composer’s or originator’s rights to sell the same composition in different markets by limiting the extent of rights sold in this deal. You can restrict what is being sold by reference to use, publication, time, country, language, medium, or as you decide. It preserves moral rights as composer.

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If the seller wishes to retain the right to buy back the work in preference to anyone else, if the buyer decides to sell it in the future, then this agreement is more suitable.

If retained rights are complicated, it may be better to license use rather than assign ownership rights. In this situation, our licence of music would be more suitable.

Contents

This is a comprehensive agreement that covers many matters. Those of most commercial significance include:

  • Definitions and interpretation
  • Warranties and understandings
  • v Composer’s warranties and representations
  • Rights to be assigned - limitations
  • The assignment deal
  • The royalty deal
  • Right for composer to buy back
  • Confidentiality
  • Infringement of copyright
  • Indemnity
  • Other matters relating to enforcement and other legal issues

In addition, there are over 1,650 words of drafting notes to help you edit the document to your precise requirements.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

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