James King

Legal Issues
Deal Memo #1
3/20/2015
I am representing the artist in a Co-Publishing deal.
Dear Publisher,
I would like to work with you to publish my bands music. Please review this proposal.
1. SERVICES
With this publishing agreement, I propose that you be the exclusive publisher of all and any
lyrical and musical combinations made by me throughout the entirety of the agreement. 1
2. TERM
A)The term will begin on a date agreed upon with contractual signatures by both parties. The
term will extend through me signing with the record label that the publisher is affiliated with,
continue through first commercial release in the United States of the first album and shall
continue until 30 days prior to the Second albums release on the publishers affiliated record
label in the United States. The artist will have the option for a term extension of a Third album
following the release of the First Album. The option for term extension should be exercised
within 30 days after the delivery of the First album. 2

1
2

Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 157
http://www.lommen.com/pdf/Symposium-2010-Co-Publishing-Deal-Memo.aspx 3/28/2015

B) I will deliver a minimum of 10 commercially exploitable songs per album(per year). I realize
that I need to meet these requirements before moving onto the next term of the agreement. 3
3. TERRITORY
This agreement will be valid in all of the United States and all of Canada. Any exploitation in
any other territories will not be permitted.
4. TYPE OF AGREEMENT
The split of income between the publisher and the artist will be 50/50.
5. SCOPE AND COMPOSITIONS
The agreement will cover new compositions with the artist and its recording contract with the
record label affiliated with the publishing company.
6. EXCLUSIVITY
During the term of agreement, the artist will not work and other publisher. The publisher will
also retain the right to reject any material deemed not commercially viable within a 60-day
delivery period of the material.
7. RIGHTS GRANTED
(a)I will assign 100% of the compositions written solely by me to the publisher. In the case that
a composition has a co-writer or is a joint work, I will assign my portion of the material and you
will not have the right to exploit the portion of the work that is not mine unless the owner of that

Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 158

portion is in agreement through written documentation.4 I will try with reasonable efforts to
obtain the cowriters portion of the collaboration. 5
(b)I, the artist, will maintain ownership of all songs written before the term, and will keep
ownership of songs after the term has ended.6
(c) The publisher may make revisions to content in terms of titles or lyrical content only with
written permission from the artist. Revisions are only to be made in the account that the
publisher thinks it will help the exploitation of the work, and will only be changed if there is
written approval from the artist.7
(d) It is the publishers duty to secure valid copyright protection for my songs where ever they
are being exploited, world-wide. 8
(e) The publisher has the right to exploit my songs in any profitable way such as but not limited
to movies, broadcasting, wire radio, audio devices, video games, cell phone ring tones, and
merchandise with written approval by the artist. The publisher must be granted permission by the
artist to exploit material in X-Rated films or films which might go against moral, political or
religious views. In addition, the publisher must be granted permission by the artist to exploit
material in a commercial in the case that the artist may feel the product being advertised is
inappropriate and may hurt the market of the copyrighted material.9

Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 159
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 159
6
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 159
7
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 160
8
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 160
9
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 162
5

8. DIGITAL EXPLOTATION
I grant the publisher the right to exploit my songs in new-technologies such as streaming,
satellite radio transmissions, video games, cell phone rings, and digital downloads from mobile
devices, or computer based in applications such as Apple Itunes or Amazon.10 The publisher may
also publish my music videos or public performances on an on-demand site with written
permission by the artist.
9. PRINT RIGHTS
The publisher will be granted all rights to exploit material such as music and lyrics in sheet
music form. The artist will receive 50% of the publishers net on all print exploitation. 11 The
publisher will be reasonable for making arrangements for soliciting for this operation. 12
10. ROYALTIES
If both parties uphold their terms and conditions of the contract
(a)The publisher will receive will receive 50% of all net sums for mechanical royalties and 50%
of all net sums for synchronization royalties. The artist will receive the additional 50%.
(b) The artist will receive 50% of the publishers net on all print exploitation.
(c)The publisher will request full statutory rate to the record label affiliated with the publisher for
the exploitation of the artists songs. 13

10

Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 161
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 165
12
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 165
13
Halloran, Mark. The Musician's Business and Legal Guide. 4th Edition. 2008. P. 165-166
11

11. ADVANCES
(a) The artist will receive an advance of $45,000 for the musical works and will hold 50% of the
copyright ownership of the material.
(b) After our term has ended, there will one-one year option for contract renewal.
Renewal term: $50,000