Exclusive Songwriter Agreement

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An exclusive songwriter agreement enables a songwriter to be paid by a music publisher.

All a songwriter needs for his craft is pen, paper and inspiration. But with an exclusive songwriter agreement with a music publishing company, the songwriter has a better chance of getting his songs recorded and placed in motion pictures, TV series, commercials, ringtones, toys and greeting cards. Exclusive agreements also protect songs from plagiarism, gets the songwriter paid and serves as an aid to help negotiate deals with film and TV producers and other interested companies for further work.

  1. Identification

    • When a songwriter signs an exclusive agreement, she agrees to assign all compositions written during a specified time frame, to the publisher. The exclusive songwriter agreement also guarantees the writer a share of the income generated from the work, often as advances, but which will be deducted from future royalties such as record sales, downloads, commercials and even television and motion picture synchronization fees. Advance income can also be set in weekly or monthly payments.

    Benefits

    • The songwriter benefits from an exclusive songwriter agreement most because it guarantees a steady income, like a regular salary. This helps the songwriter meet day-to-day financial needs and living expenses as he builds his career. The agreement also helps expedite payment because profits from direct record sales and performances can take months to years to reach the writer. Although the publisher attains ownership of the song, the copyright ownership lasts for the life of the copyright, which is the life of the author plus 75 years.

    Features

    • In an exclusive songwriter agreement, a delivery requirement refers to how many musical compositions must be completed and turned in to the publisher each year the agreement is in effect. Songwriters also receive royalties, which consist of 50% percent of the net income the publisher collects from use of their songs, except for public performance income like radio play, concerts and TV performances, for example. This remains in effect for the duration of the term of the agreement, which initially is around one to two years, while sometimes longer-term agreements are offered.

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