Frequently Asked Questions
Different Types of Licenses
Types of Service
This states that you acknowledge the value exchanged between you (Writer) and us (Publisher) which makes this a legally binding agreement. One dollar is considered the form of the exchange of valuable consideration. This is the safest way to make you realize that you are entering into a legally binding agreement, not just a promise.
This states that you are assigning your song and copyright to us. You also acknowledge that we will exclusively administer the rights to your song during the term.
(b) Upon the expiration or termination of the Term for any reason, all rights of any nature or kind in and to The Composition shall revert to Writer, provided however that in the event Publisher exploits (licenses) a Composition during the Term pursuant to the Terms of this agreement, Writer hereby irrevocably and without limitation grants and assigns to Publisher, the exclusive right in perpetuity, throughout the entire world to use, exploit, and otherwise deal in and for the exploited (licensed) Composition. All provisions of this Agreement, including, without limitation, Section 1 (Grant of Rights/Transfer), will continue to apply to the exploited (licensed) Composition to the extent such provisions do not contradict the grant of rights in this paragraph.
This states that the initial term of our agreement is 3 years. After 3 years, our agreement renews automatically on an annual basis. You have the option to terminate this agreement within 45 days prior to the end of our 3 year term or within 45 days prior to the end of our annual term.
If we have not licensed any of your songs, all rights will revert back to you. For any song that we do license, it will become a permanent part of our catalog and we will continue to license the song in an exclusive capacity.
(a) The Composition is the sole, exclusive, new, and original work of Writer.
(b) The Composition, and Publisher’s rights in and to the Composition, do not infringe upon, or unfairly compete with, any other work, composition, arrangement and/or material or violate, invade, infringe upon or interfere with any rights of any person or entity.
(c) The Composition, and Publisher’s rights in and to the Composition, including the copyright therein, do not violate, or conflict with or unfairly compete with, the right (including, without limitation, all common law or statutory rights and/or copyright) of any other person, and there does not now and will not exist any claim by a third party in or to the Composition and no third party has or will have any rights or interest in and to the Composition.
(d) Writer has the full right, power and authority to make this agreement, perform its terms and conditions, grant the rights therein granted, and to vest in Publisher all the rights as provided in this agreement, free and clear of any and all claims, rights and obligations whatsoever. Writer, nor anyone acting on your behalf or deriving rights from or through you or
(1) has received or will receive an advance, loan or other payment from a performing rights society, record company or other third party which is or may be recoupable from (or otherwise subject to offset against) monies which would otherwise be collectible by us hereunder,
(2) is presently subject to any so-called “controlled compositions” clause under a recording agreement or
(3) is presently subject to any provision of a recording agreement which would allow a record company to charge any amount against mechanical royalties.
(e) No Composition hereunder shall be made by, or include, unauthorized Sampling. (“Sampling”, as used herein, refers to the use and/or reproduction of pre-existing musical material owned or controlled by any person or entity other than you.) You shall be solely responsible for obtaining all consents and licenses necessary or desirable in connection with the licensing or use of such sampled material and for all costs related thereto.
This states that you the represent yourself to be the owner who has the legal authority to grant us the rights to your song without any prior legal obligations to record labels, music publishers, or any other third parties. It also states that you acknowledge that your song does not infringe upon or interfere with any rights of any person or entity. In the event of any falsification, we are protected against any claims against us.
(a) If published by Publisher:
(1) $.05 cents per copy for each regular piano and vocal copy of the Composition alone sold, and not returned, in the United States of America and Canada and for which Publisher is paid.
(2) Except with respect to sales of folios or composite works containing the Composition, 10%, of the wholesale selling price (after trade discounts, if any) of each band part and/or orchestration of the Composition sold, and not returned, in the United States of America and/or Canada, and for which Publisher is paid.
(3) Such percentage of 10% of the wholesale selling price (after trade discounts, if any) of any folio or composite work containing the Composition and published by the Publisher and sold, and not returned, in the United States of America and/or Canada, and for which Publisher is paid, as the numeral (1) bears to total number of compositions included in said folio or composite work which is not published by Publisher, that portion of 10% of the net monies received by Publisher from the sale of such folios and composite works in the United States of America and/or Canada as the numeral (1) bears to the total number of compositions included in said folio or composite work which are copyrighted by Publisher.
(b) 50% of all net sums received by Publisher with respect to the Composition pursuant to any license issued by, or on behalf of Publisher, authorizing the use of the Composition in the United States and/or Canada for any of the following purposes:
(1) records (or the functional equivalent thereof);
(2) print or electrical transcriptions;
(c) If Publisher authorizes sub-publishing, co-publishing, or similar rights, or otherwise exploits the Compositions in any country of the world other than the United States of America and Canada:
(1) 50% of all net sums received by Publisher with respect to the Composition from the sale of sheet music, folios, band parts and orchestrations of the Composition.
(2) 50% of all net sums received by Publisher with respect to the Composition from any license issued by, or on behalf of, Publisher authorizing the use of the Composition, or any part thereof (words, music or both) as follows:
(A) records (or the functional equivalent thereof),
(B) electrical or print transcriptions,
(C) synchronization of the Composition in motion pictures or television.
(d) 50% of all net sums received by Publisher with respect to the Composition from any use of the Composition not dealt with elsewhere herein (including but not limited to, digital transmissions, ring-tones, or other similar uses), provided Writer is not paid, or to be paid, for such use directly or indirectly by a third party.
It is expressly understood and agreed upon that Writer shall receive 100% of the “Writer’s share” of public performance royalties in connection with the Composition throughout the world directly from the Performing Rights Society of which Writer is a member or of which Writer is an affiliate. With respect to the “Publisher’s share” of public performance royalties in connection with the Composition throughout the world, Publisher shall be entitled to collect and retain 50% of the publisher’s share of public performance royalties.
This section states that you are agreeing to a 50/50 single-song co-publishing agreement. This means that you the Writer receive 50% of the publisher’s share and we the Publisher receive the remaining 50% of the publisher’s share.
This states that as long as your total royalty earnings are at least $50, your payments will be issued to you twice a year.
(b) Writer agrees and acknowledges that Publisher may deal with any record company or other entity wishing to exploit the Compositions, whether affiliated with or unaffiliated with Publisher, on such terms as Publisher shall reasonably determine, including, specifically, the right to license any Composition for mechanical reproduction at less than the statutory rate therefore.
(c) “Net Sums received by Publisher”, as used herein, shall mean, all monies (excluding advances) actually received by Publisher in the United States from the exploitation of the Compositions, after deduction of all expenses incurred in connection with the Compositions, and/or their promotion, exploitation and administration, including, without limitation, the cost of copyrighting, licensing costs, charges and fees paid to an administrator or collection agency, costs of collection, all expenses, including attorneys fees incurred by Publisher in connection with any claim for copyright infringement brought by or against Publisher to the Compositions, costs relating to the production of demo recordings and all other expenses incurred by Publisher in the management, administration or exploitation of the Compositions. Salaries of employees, rent and overhead are not included in such calculations.
(d) All references to payment herein are based upon Writer having written 100% of the Composition. In the event that an unaffiliated writer has written a portion of the Composition, or that this agreement is entered into by more than one Writer all sums and percentages herein shall be pro-rated accordingly.
(e) In its discretion, Publisher may pay costs of talent, studio and other items in respect of demonstration records made embodying the Composition (and all such costs are collectively referred to as “demonstration costs”) and all demonstration costs so paid by Publisher shall constitute an advance and shall be charged against the monies payable to Writer under this and/or any other agreement between Publisher and Writer.
This states that we are responsible for administering all rights to your song. We are also responsible for dealing with any record companies or other entities who express an interest in using your song. All money received by us from the exploitation of your song will then be split 50/50.
This states that we have your permission to use your name and likeness for marketing and promotional purposes.
(b) If a claim is presented against Publisher alleging that the Composition infringes upon any other composition or work, Publisher shall serve notice of such claim upon Writer and Writer may, at Writer’s sole cost and expense, participate in the defense of any such claim, but Publisher shall have the right to control the defense thereof and to settle or otherwise dispose of such claims in any manner it, in its sole discretion, may determine. Without limiting any of the rights Publisher may have in such a situation, if such a claim is presented against Publisher, until the claim has been adjusted or settled, and until all monies payable in respect thereof have been paid, Publisher may withhold any monies due to Writer hereunder, and/or under any other agreement between Writer and Publisher, and such monies may, at Publisher’s option and to the extent necessary, be applied in satisfaction of such adjudication or settlement.
This states that we have the authority to take any legal action in the event of an alleged infringement against your song. As a result, if we win the lawsuit we will deduct the legal fees prior to crediting you 50% of the remaining sum.
On the contrary, if a claim is presented against us alleging that your song infringes upon someone’s work, we have the sole discretion to handle the matter accordingly. We shall provide you a written notice to join the defense at your own expense and we reserve the right to withhold any royalties until the lawsuit is resolved.
This states that you agree to deliver any documents necessary for us to carry out the purpose of this agreement. In addition, you also give us the right to renew the copyright to your song during any renewal period.
This states that you understand that we have the sole discretion to assign this agreement to any co-publishers, sub-publishers, etc for any reason we may feel necessary.
This states that you hold us harmless from any loss or damage in connection to a claim of infringement or interference with any rights of any person or entity. In addition, you will reimburse us for any payment that we process in regards to any liability claims.
(b) This contract, its validity, construction and effect, shall be governed by and construed and enforced in accordance with the laws of the State of Florida applicable to contracts made and to be performed in that State. Publisher and Writer agree that only the Florida courts shall have jurisdiction over any controversies arising out of or relation to this contract or the performance thereof and that any such controversies shall be submitted only to the Florida courts.
(c) This agreement is binding upon Publisher and Writer and respective heirs, successors, representatives and assigns. This agreement may be signed in counter parts, and when each party has signed and delivered one such counterpart to the other side, each shall be deemed an original and when taken together shall constitute one agreement, binding and effective as to all parties who have signed. Electronic signatures and/or electronic delivery of properly executed copies of this Agreement shall be deemed original, binding, and fully effective.
(d) Writer acknowledges that Publisher has given it the right and opportunity to have this agreement reviewed by an attorney of its choice having competence in the music and entertainment industries, and it has done so. Writer further acknowledges that said attorney has reviewed with you the terms and conditions of this agreement and that he has advised you as to all legal ramifications and consequences of your entering into this agreement.
This states that no amendment or modification of this agreement shall be binding unless written, authorized, and signed by us. Any controversies shall be submitted only to Florida courts. When this agreement is signed by multiple parties, it is effective to all parties who have signed it. You acknowledge that we are giving you the right to have an attorney review this agreement. You also acknowledge that your attorney has reviewed with you the legal obligations, consequences, and conditions of entering into this agreement.