This is an agreement between a publisher and a third party to share the royalties
associated with a musical composition. The publisher agrees to pay the third party (the
“Assignee”) a percentage of gross publishing receipts received after deducting the
expenses actually incurred by the publisher. Gross publishing receipts are defined as
the monies actually received by the publisher, after all expenses are accounted for.
This agreement should be used by publishing companies that want to share the
royalties of a musical composition with a third party.
PUBLISHER - ROYALTY SHARING AGREEMENT
This Royalty Sharing Agreement (“Agreement”) is made and entered into this
____ day of ________________, (the “Effective Date”), by and between
____________________________(“Publisher”), and
(“Assignee”);
RECITALS:
A. Publisher is a music publisher in the business of publishing musical
compositions for use and application in the entertainment marketplace; and
B. Publisher desires to grant and convey royalty rights in and to the Project in
return for funding; and
C. The Publisher and Assignee agrees as follows concerning a musical
composition now entitled: “______________________________________” and written
by ______________________________.
For good and valuable consideration by each of the parties hereto given to the other,
receipt of which is hereby acknowledged, and in consideration of the promises and
covenants hereinafter contained, the parties agree as follows:
1. Publisher shall deduct from gross publishing receipts for the following
expenses, to the extent that said expenses were actually paid or incurred by the Publisher
including, but not limited to, songwriter's royalties and advances, registration fees,
demonstration tapes, lead sheets, arrangements, and all other miscellaneous, fees and
expenses incurred in behalf of said composition (“Deductions”).
2. Publisher shall pay to Assignee _____% of:
(a) Net publishing receipts less the Deductions.
(b) Extraordinary expenses (for example, advertising publicity,
promotional expenses) shall not be incurred, or if incurred, not compensated or
reimbursed for without the written consent of the other approving the expenditure
and agreeing to share therein.
(c) In the event of extraordinary expenses were agreed upon, but the
expenses not equally borne, Publisher shall make the required adjustments at the
time of paying Assignee.
3. The copyright shall be registered in the name of the Publisher.
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2
4. Sheet music and all printed material concerning the composition shall bear the
name(s) of the copyright registrant(s).
5. Record labels shall bear the names of both parties.
6. B.M.I. or A.S.C.A.P. song clearance and record clearance cards and forms
shall bear the name(s) of the copyright registrant(s). The performing rights society shall
pay one-half to each party.
7. Publisher shall have the exclusive right to issue licenses and sub-publication
rights.
8. Publisher shall prepare and deliver royalty statements and payments to the
composer(s).
9. Publisher shall render statements and make payments to Assignee semi-
annually, within thirty days after the last day of each January through June and July
through December semi-annual period.
10. The term of this Agreement shall begin on the date of execution and shall
continue for the full term of all applicable copyrights and trademarks, and all extensions
and renewals thereof, r for so long as the project produces any revenue, whichever
occurs last.
11. This Agreement, and all exhibits hereto, along with any other documents or
agreements expressly referred to herein, constitutes the entire agreement between the
parties with respect to the subject matter hereof. This Agreement supersedes all previous
agreements between the parties with respect to the subject matter hereof. There are no
agreements, representations or warranties between or among the parties other than those
set forth in this Agreement or in the documents or agreements referred to herein.
12. No amendment, modification, or supplement to this Agreement shall be
binding on any of the parties unless it is in writing and signed by the parties in interest at
the time of the modification.
13. If any term or provision of this Agreement is determined to be illegal or
unenforceable, such illegal or unenforceable provision shall be stricken from this
Agreement, and shall not affect the legality or unenforceability of this Agreement.
14. If either party to this Agreement shall bring any action, suit, arbitration, or
other proceeding against the other, declaratory or otherwise, to enforce the terms hereof
or to declare rights hereunder, the party prevailing in such action or proceeding shall be
entitled to recover attorneys' fees and costs incurred in prosecuting or defending the
action or proceeding, and in e