Agreement to Co-Publish Musical Compositions
Agreement made on the (date), between (Name of Publisher) of (street address,
city, state, zip code), referred to herein as Publisher, and (Name of Co-Publisher), of
(street address, city, state, zip code), referred to herein as Co-Publisher.
Whereas, Co-Publisher owns, or shall own, all rights, title, and interest in and to
compositions of (name of Writer), hereinafter called the Writer, including, but not limited
to, all copyrights and rights to copyright, throughout the world, together with all rights,
claims, and demands relating to the compositions and the copyrights of the same,
whenever and wherever arising.
Now, therefore, for and in consideration of the matters described above, and of
the mutual benefits and obligations set forth in this Agreement, the parties agree as
follows:
1. Grant of Rights to Publisher. Co-Publisher assigns to Publisher the sole and
exclusive right to administer and exploit compositions of Writer in its own name, and/or
in the name of Co-Publisher, in all media throughout the world, including, but not limited
to, the sole exclusive rights to print, publish, sell, perform, use, and license the
compositions, and any rights in the compositions, for all uses and all media throughout
the world, to enter into all licenses and Agreements concerning the compositions in its
own name, and/or in the name of Co-Publisher, including, but not limited to, licenses for
mechanical reproduction, public performance, synchronization uses, sub-publication,
merchandising, and advertising, and to assign or license such rights to others, on such
terms as Publisher, in its sole discretion, may accept or to refrain from the same. To
confirm the foregoing grant of rights, Co-Publisher agrees to execute and deliver to
Publisher, and to cause Writer to execute and deliver to Publisher, on demand, a written
assignment of the foregoing administration rights in and to each composition in the form
of the assignment attached and incorporated by this reference. Publisher's rights to
administer each composition as shall endure for a period commencing on the date of
this Agreement and expiring on (date).
2. Payment to Co-Publisher. Publisher shall collect all gross receipts, including
performance monies, from the compositions earned during the term of this contract with
respect to each composition, and shall pay Co-Publisher an amount equal to ____% of
the adjusted gross Publisher's share, and shall retain the balance of the gross receipts
for Publisher's own account. As recoupable advance against the amount payable to Co-
Publisher, Publisher agrees to pay Co-Publisher $_______________ within (number)
days after Co-Publisher's and Writer's signing of this Agreement. The adjusted gross
Publisher's share shall be those gross receipts, if any, actually received by Publisher in
United States currency in the United States and remaining after the deduction of costs
of copyright registration, lead sheets, demos, collection fees, accounting fees, legal
fees, printing, advertising, publicity, exploitation and promotional expenses, and all
miscellaneous and customary expenses incurred by Publisher in connection with the
compositions. To the extent any of the mentioned costs or expenses exceed the gross
receipts collected by Publisher, Co-Publisher shall promptly reimburse Publisher. Gross
receipts shall not include any advances, bonuses, or guaranty payments of minimum
royalty payments Publisher may receive in respect of the compositions, until earned
from the exploitation of the compositions.
3. Statements. Within (number) days after each (month and day) and (month and
day), or within (number) days after the close of such other semi-annual accounting
period as Publisher may adopt, from time to time, Publisher will prepare and furnish
statements of amounts due to Co-Publisher and make payment concurrently of all sums
shown to be due, less all then unrecouped advances and other charges against Co-
Publisher or Writer under this or any other Agreement between the parties, and less a
reasonable reserve for subsequent charges, credits, or returns. All such statements
shall be deemed binding on Co-Publisher and not subject to objection for any reason,
unless specific written objection stating the basis of the objection is given to Publisher
within (number) months after rendition of the same, and unless an action is instituted
within (number) months after the date of the notice. In the event of such objection, the
statement shall be binding in all respects except those specifically stated in the written
objection. No statement need be rendered for any period in which there are no gross
receipts from the compositions. Co-Publisher shall have the right to audit the books and
records of Publisher once during each year with respect to any statements received
pursuant to this Agreement which are not then deemed binding, provided that:
A. Co-Publisher shall give Publisher at least (number) days prior notice of the
desire to conduct the audit;
B. The audit shall be conducted by a certified public accountant or attorney
during normal business hours; and
C. The expense of the audit shall be borne by Co-Publisher.
4. Copyrights. Publisher may in its sole discretion take such action as it deems
necessary or desirable to enforce or protect any or all of Publisher's and/or Co-
Publisher's rights and interests in or to the compositions, including, but not limited to,
securing registration of copyrights in any or all of the compositions in Publisher's and/or
Co-Publisher's name, and bringing any actions or other proceedings against any third
party infringers of the compositions or any of them, or Publisher may refrain from the
same. Publisher shall have the sole right, in its absolute discretion, to employ attorneys,
to institute or defend any action or proceeding, and to take any other steps to protect
the rights, titles, and interest of Publisher and Co-Publisher in and to the compositions
or any of them, including the settlement, compromise, or other disposition of any claim,
demand, or action. In the event of any action brought by Publisher against any alleged
infringer of the compositions, or any of them, in which a recovery of monies is made by
Publisher and retained for Publisher's own account, such monies, after deduction of the
expenses of the litigation, including attorney's fees actually incurred, shall be considered
additional gross receipts under this Agreement.
5. Co-Publisher’s Warranties. Co-Publisher represents and warrants that:
A. He is or shall become, immediately on creation of each composition, the
sole owner of all right, title, and interest in an