What Is PUBLISHING CONTRACT? What Does PUBLISHING CONTRACT Mean? PUBLISHING CONTRACT Meaning
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What is PUBLISHING CONTRACT? What does PUBLISHING CONTRACT mean? PUBLISHING CONTRACT meaning – PUBLISHING CONTRACT definition – PUBLISHING CONTRACT explanation.
Source: Wikipedia.org article, adapted under license.
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A publishing contract is a legal contract between a publisher and a writer or author (or more than one), to publish written material by the writer(s) or author(s). This may involve a single written work, or a series of works.
In the case of music publishing, the emphasis is not on printed or recorded works. It usually refers to the promotion of a musical composition, and/or its referral to a suitable recording artist. A music publisher who does produce (or contract to issue) sheet music is known as a music print publisher. It can be used by authors, journalist .et.
Some of the most essential clauses of a standard (boilerplate) book publishing contract are: Grant of Rights, Subsidiary Rights, Delivery and Acceptance, Publication, Copyright, Advance (if there is any), Royalties, and Out of Print. All of them should be taken seriously by authors since trade publishing contracts are not covered in the United States by statutory requirements for fairness and may contain vague language, biased terms and hidden future pitfalls. In the U.K., the Contracts Act of 1999, the Digital Economy Act 2010, and the Enterprise and Regulatory Reform Act of 2013 opened the door to revisions of the established practices in the area of publishing contracts which are currently underway. Therefore,
The key to a good contract is clarity. Ambiguity and inconsistency are the two key ingredients in litigation soup. Formal agreements are essential. Under copyright law, without a written agreement signed by the author, the publisher does not control exclusive rights. If a dispute arises, a well-drafted contract will anticipate such a dispute and could save you thousands of dollars in legal fees later on. Keep in mind that you are negotiating a very long term relationship. If the book is successful, the publisher and author (or authors heirs) could be bound together for the life of the copyright. For works published after 1977, copyright lasts for life of the author plus another seventy years.
Types of music publishing agreements
It is important for music authors, producers and publishers to understand the legal rights associated with publishing contracts. The common music publishing contracts are:
(1) Single Song Agreement: A single song deal is an agreement between the writer and the music publisher in which the writer grants certain rights to a publisher for one or more songs. In single song deals, the writer is paid a one-time recoupable advance.
(2) Exclusive Song Writer Agreement (“ESWA”) / “Publishing Deal”: Under the ESWA or “staff writer” contract, the songwriter generally grants all of the publisher’s share of the income to the music publisher. The writer’s services are exclusive to the music publishers for a specified period of time. Thus, any compositions written within that period belong to the music publisher. These deals are usually offered to writers with some degree of success. Because the writer has a track record of writing hits, the publisher feels confident that it will recoup its investment. In return for signing away exclusive rights to some or all the writer’s songs, the writer gets paid by the publisher a negotiated advance against future royalties. The advance amount naturally depends on the writer’s bargaining power and on the competition in marketplace, if any. Under a staff writer deal, the writer is paid on a weekly or quarterly basis. An ESWA can be either tied to a record contract, or independent of a record contract.
(3) Co-publishing Agreement (“Co-pub”): The co-publishing (“co-pub”) deal is perhaps the most common publishing agreement. Under this deal, the songwriter and the music publisher are “co-owners” of the copyrights in the musical compositions. The writer becomes the “co-publisher” (i.e. co-owner) with the music publisher based on an agreed split of the royalties…..