Royalty Agreements

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This Agreement is between a writer and a publisher for the payment of royalties.

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A Royalty Agreement is between a writer and a publisher in which the publisher agrees to pay a set sum as royalties for the publication and reproduction of a composition. In this agreement the writer grants the publisher numerous rights, including the use of his/her name, photograph or likeness and biographical information. This agreement also specifically sets forth how royalties are calculated and when they will be paid. Having a well-written Royalty Agreement will prove invaluable in the event of disagreements or legal action.

Among others, these important provisions are included:
  • Parties to the Agreement: The identity and names of the parties entering into the agreement;
  • Assignments: The intellectual property rights the writer is transferring to the publisher;
  • Compensation: Sets forth the terms of royalty compensation;
  • Representations and Warranties: The composer's representations and warranties to the composition being transferred to the publisher.

Protect yourself, your rights and your property by using our professionally prepared up-to-date forms.

This attorney-prepared packet includes:
  1. General Information
  2. Instructions and Checklist
  3. Royalty Agreement for use in your state
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Royalty Agreement










This Packet Includes:
1.   General Information
2.   Instructions and Checklist
3. Royalty Agreement








General Information
Royalty Agreement



You are an aspiring songwriter and composer  one day you receive the news that your song will be used as the theme song for an upcoming movie.  After the initial shock wears off you conclude that you must protect yourself and your rights as the composer of this (hopefully) award winning composition.  

A Royalty Agreement is an agreement between a writer and a publisher in which the Publisher agrees to pay a set sum as royalties for the publication and reproduction of the composition.  In this agreement the Writer grants the Publisher numerous rights including the use of his/her name, photograph or likeness and any biographical information.  This agreement also sets forth how the royalties are calculated and when they will be paid.  This Royalty Agreement can be used for a one-time deal or for ongoing use.  

Protect yourself and your rights by having a written Royalty Agreement in place.  Your job is to write the songs  not appear in unnecessary court hearings.  



Instructions and Checklist
Royalty Agreement




  Read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

   This agreement contains a royalty provision.  Read this provision carefully to ensure that it captures your arrangement, especially if the royalty structure is complicated.    

   This agreement includes an arbitration provision.  If you prefer to settle any disputes through the court system, simply remove this language from the provision and replace with applicable language.  
     This form contains the basic terms and language that should be included in similar agreements.  

     Both the Client and the Agency must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





ROYALTY AGREEMENT


THIS AGREEMENT made and entered into this ___________ day of ________________, 20______ by and between the undersigned writer, lyricist(s) and/or composer(s) (hereinafter jointly referred to jointly and/or severally as "Writer"), and the undersigned publisher (hereinafter referred to as "Publisher").

RECITALS

WHEREAS, Writer has written and/or composed the composition as set forth on the attached Exhibit A (the “Composition").

NOW, therefore, in consideration of ________ Dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1.   Writer hereby sells, assigns, transfers to the Publisher the Composition together with the  copyright in such Composition, and the right to secure copyright throughout the world, and all rights of whatsoever nature, including but not limited to the sole and exclusive worldwide publication, mechanical, electrical reproduction, video cassette and recording, commercial rights, and the right of public performance by any and all means, and through any and all media, and the right to arrange and adapt and all other rights now known or hereafter to become known.  

2.   In consideration of the assignment and transfer of the said Composition and rights by the Writer, the Publisher agrees to pay to the Writer a sum equal to ____________% of all net royalties actually received by it from the publication and reproduction of the said Composition.

3.   Writer represents and warrants that he is the sole lyricist and/or composer of the Composition and the said Composition is his own original work and creation and is not a copy of any other copyrighted work. The Writer further represents and warrants that he has not sold, assigned, leased, licensed or in any manner disposed of or encumbered the rights herein granted to Publisher; and that he has the right to enter into this Agreement.  Writer agrees to indemnify and hold Publisher harmless from all loss, liability, damages and expenses by reason of breach of said representations and warranties.

4.   Writer grants Publisher the right to use his name, photograph, likeness, facsimile signature and biographical material on and in connection with publications, recordings and advertisements of, the Composition.

5.   Writer hereby consents to the assignment of this Agreement and/or the composition and/or the copyright thereof, or any and all of the rights therein by Publisher, subject, however to payment of the Royalties.


6.   The Publisher agrees that it will render quarterly statements and pay to the Writer all royalties earned by the Writer, and due and owing at the end of such quarterly periods.

7.   This Agreement is binding upon the parties hereto and their respective personal representatives, successors and assigns.

8.   This Agreement shall be governed by the laws and in the courts of the State of _____________. Any dispute or legal proceeding regarding the Agreement shall take place in the county of ______________________ in the State of _________________.


IN WITNESS WHEREOF, the parties have executed this Agreement as on the day and year first written above.



______________________________       _______________________________
Publisher                                           Writer

EXHIBIT A

Composition(s)


Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#34859
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Royalty Agreement










This Packet Includes:
1.   General Information
2.   Instructions and Checklist
3. Royalty Agreement








General Information
Royalty Agreement



You are an aspiring songwriter and composer  one day you receive the news that your song will be used as the theme song for an upcoming movie.  After the initial shock wears off you conclude that you must protect yourself and your rights as the composer of this (hopefully) award winning composition.  

A Royalty Agreement is an agreement between a writer and a publisher in which the Publisher agrees to pay a set sum as royalties for the publication and reproduction of the composition.  In this agreement the Writer grants the Publisher numerous rights including the use of his/her name, photograph or likeness and any biographical information.  This agreement also sets forth how the royalties are calculated and when they will be paid.  This Royalty Agreement can be used for a one-time deal or for ongoing use.  

Protect yourself and your rights by having a written Royalty Agreement in place.  Your job is to write the songs  not appear in unnecessary court hearings.  



Instructions and Checklist
Royalty Agreement




  Read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

   This agreement contains a royalty provision.  Read this provision carefully to ensure that it captures your arrangement, especially if the royalty structure is complicated.    

   This agreement includes an arbitration provision.  If you prefer to settle any disputes through the court system, simply remove this language from the provision and replace with applicable language.  
     This form contains the basic terms and language that should be included in similar agreements.  

     Both the Client and the Agency must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





ROYALTY AGREEMENT


THIS AGREEMENT made and entered into this ___________ day of ________________, 20______ by and between the undersigned writer, lyricist(s) and/or composer(s) (hereinafter jointly referred to jointly and/or severally as "Writer"), and the undersigned publisher (hereinafter referred to as "Publisher").

RECITALS

WHEREAS, Writer has written and/or composed the composition as set forth on the attached Exhibit A (the “Composition").

NOW, therefore, in consideration of ________ Dollars, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1.   Writer hereby sells, assigns, transfers to the Publisher the Composition together with the  copyright in such Composition, and the right to secure copyright throughout the world, and all rights of whatsoever nature, including but not limited to the sole and exclusive worldwide publication, mechanical, electrical reproduction, video cassette and recording, commercial rights, and the right of public performance by any and all means, and through any and all media, and the right to arrange and adapt and all other rights now known or hereafter to become known.  

2.   In consideration of the assignment and transfer of the said Composition and rights by the Writer, the Publisher agrees to pay to the Writer a sum equal to ____________% of all net royalties actually received by it from the publication and reproduction of the said Composition.

3.   Writer represents and warrants that he is the sole lyricist and/or composer of the Composition and the said Composition is his own original work and creation and is not a copy of any other copyrighted work. The Writer further represents and warrants that he has not sold, assigned, leased, licensed or in any manner disposed of or encumbered the rights herein granted to Publisher; and that he has the right to enter into this Agreement.  Writer agrees to indemnify and hold Publisher harmless from all loss, liability, damages and expenses by reason of breach of said representations and warranties.

4.   Writer grants Publisher the right to use his name, photograph, likeness, facsimile signature and biographical material on and in connection with publications, recordings and advertisements of, the Composition.

5.   Writer hereby consents to the assignment of this Agreement and/or the composition and/or the copyright thereof, or any and all of the rights therein by Publisher, subject, however to payment of the Royalties.


6.   The Publisher agrees that it will render quarterly statements and pay to the Writer all royalties earned by the Writer, and due and owing at the end of such quarterly periods.

7.   This Agreement is binding upon the parties hereto and their respective personal representatives, successors and assigns.

8.   This Agreement shall be governed by the laws and in the courts of the State of _____________. Any dispute or legal proceeding regarding the Agreement shall take place in the county of ______________________ in the State of _________________.


IN WITNESS WHEREOF, the parties have executed this Agreement as on the day and year first written above.



______________________________       _______________________________
Publisher                                           Writer

EXHIBIT A

Composition(s)


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