Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Co-Publishing Agreements
Co-Publishing Agreements Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Co-Publishing Agreement Law Firm, Perdomo Law in Manhattan New York, NY
Songwriters and composers have many different options for how they get their creative works to their audience. Any method used requires a contract to protect the rights of everyone involved. A possible option for this is a co-publishing agreement. Like any contract, it will work perfectly for some writers and composers and be undesirable to others. Anyone looking for a way to retain the rights to their work while still working with a publisher may find this arrangement suitable.
What is a Co-Publishing Agreement?
These agreements allow writers or composers to transfer a percentage of their rights for specific works to another party. The other party could include a record label or any other individual or company that will publish the work. The percentages could vary, but most will give the artist the bulk of the ownership. These agreements often provide artists with a much larger share of the royalties received on their work than they would get under other contracts.
The details matter when creating the documents because they determine payment amounts and frequency, usage of the work, and the duration of the partnership. A Co-Publishing Agreement Lawyer can help their clients sort out the details to get a contract that benefits them most.
Details Included in these Agreements
Coverage:
Co-publishing rights could involve existing work, or it could apply to work that the artist will create over the next few weeks, months, or years. The agreement should detail what the co-publisher will have access to during the contract. Most publishers want to include only new work created after the signing of the contract.
Duration:
The contracts could last for one year or many years. The negotiations between the parties will determine the length of time. Major publishers usually insist on a year of commitment with an option to either leave or continue the contract under the same terms when the year ends.
Volume:
Most such agreements require artists to create a specific amount of new work for the publisher to market. Co-written songs (songs written by more than one person named in the contract) may only count as partial credit towards the overall total needed. An inability to complete the stated amount could result in a loss of payment because it violates the contract. Most songwriting/composing today involves multiple entities, so artists must understand how the contract mentions co-written music.
Payment:
The percentage of rights will determine the amount people earn with a Co-Publishing Agreement. A 50/50 share would give the artist half the profit through royalties. Many artists, however, want a larger share than the publisher.
Publishers commonly pay artists an advance on their royalties. A Co-Publishing Agreement Attorney can work with the artist to include details in the contract that give them this payment when and how they want it. Options may include a lump sum at the beginning or end of the contract or quarterly payments over the contracted time.
Administration:
Retaining rights may not mean the artist has control. The agreement should also include who administers the deals. In many co-publishing partnerships, it is the administrator who has more control. Administrators sell the compositions, know where the work will appear, and sets the price. Administrators also typically collect the payments from the sale of the work and disperse them to the co-publisher.
Who Maintains Publishing Rights?
Co-publishing rights generally allow both entities in the agreement to sell the work to a third-party without approval from the other individual. Any usage of the work will profit both parties regardless of who initiated the deal.
The contract must offer details on how publishing rights will continue after the contract term ends. Generally, the split in ownership for work created under a contract will remain the same regardless of how long ago the contract ended. The work produced under the partnership remains the intellectual property of all entities involved unless otherwise agreed upon in the contract.
Can this Agreement be Retracted?
Retraction of a legal contract does not happen often. A Co-Publishing Agreement Attorney can look over documents to determine if a loophole exists or if the partner has not kept up their responsibilities. Most artists will need to meet the requirements stated in professional contracts with major publishing companies. Breaking a contract damages reputations and usually costs artists more than they made with the deal.
A better option than breaking a contract is to choose a more suitable agreement. A similar contract known as an administrative deal may appeal to artists that want complete control of their work. Administrative deals allow the artist to retain all publishing rights and spend their energy on creative endeavors. The administrator manages all other tasks in return for a pre-determined percentage of the income earned during the contracted time. Adjustments to the documents during preparation can allow the artist to have as much control over the marketing and other administrative work as they would like.
Contact Co-Publishing Agreement Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Most artists want to spend their time and energy creating their art. Agreements with other entities make it possible for them to protect their work without dedicating all their time to business deals and paperwork. Creating a temporary partnership with a publisher allows the artist to have better visibility and more professional marketing without any added effort. A Co-Publishing Agreement Law Firm can make sure any contract meets the needs of the artist before they sign. The attorney will ensure the document allows creators to retain as much control over their work as they desire and financially rewards them for the effort.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
Suite 2005
New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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