Copyright Assignment Agreement for a Musical Work, is executed between an Assignor (Songwriter) and Assignee (motion picture producer, album/CD producer etc.), whereas Assignor transfers or sells outright, the title, interest and copyright of his copyrighted music to the assignee for certain amount of money and without any royalty sharing. Such Agreements are basically in short form.
Among other provisions through which all or partial rights are transferred to the producer, the agreement also have clauses of representations and warranties with the date of the agreement and signature of both parties, making it legally binding document.
The assignee after getting the copyrighted ownership of the song becomes the sole owner of the music and holds the similar rights that were held by the original song writer or copyright holder before the copyright of the song was transferred. The agreement also protects the assignee from future copyright infringement claims from the original song writer. The assignees also enjoy all rights, protections and responsibilities of a copyright holder.
The reason for song writer selling his music to the assignee for financial consideration may be due to song composer not having enough financial resources to release their own musical albums and get sufficient money for their composition. These reasons make it necessary for them to transfer their musical rights to their client, once the song is written.
There are certain instances, where copyright provision is not applicable and any person can enjoy and use the music and that includes:
The following Copyright Assignment Agreement for a Musical Work template shows the transfers or outright sale of the title, interest and copyright of copyrighted music to the assignee by the song composer, for certain amount of money without any royalty sharing provisions:
Copyright Assignment Agreement
For a Musical Work
(In the agreement, Music Composer/Song Writer is mentioned as Composer)
1. This is an assignment from the Composer to the__________________, and to _______successors and assigns, of the entire right, title and interest in and to:
1. the copyright to composer’s contribution (hereafter referred to as the __________-__" and which is more specifically defined below) to the work provisionally titled "____________________" (hereafter, "the Work");
2. any registrations and copyright applications, along with any renewals and extensions thereof, relating to the Contribution or the Work;
3. all works based upon, derived from, or incorporating the Contribution;
4. all income, royalties, damages, claims and payments now or hereafter due or payable with respect to the Contribution or the Work;
5. all causes of action, either in law or in equity, for past, present, or future infringement of copyright related to the Work, and
6. all rights corresponding to any of the foregoing, throughout the world.
2. The Composer’s Contribution consists of co-workmanship of the Work. The other co-workers are
_____________________, _____________________ & ___________________.
3. This Assignment includes the assignment of all rights, including copyright, to any modifications or other alterations to the Work or the Contribution that the composer makes under this Agreement or any other agreement between the composer and _____________.
4. The Composer’s signature on this Agreement is the Composer’s representation and warranty that:
a. the Composer is the sole author and sole proprietor of all rights in and to the Contribution;
b. the Contribution is original and contains no material from other copyrighted or unpublished works unless it is used with the written consent of the copyright owner and of the owner of any other right(s) to or in such other works;
c. the Contribution does not violate or infringe any personal or property rights of others, whether common law or statutory
d. the Contribution contains nothing libelous or contrary to law; and
e. the Composer has full power and authority to enter this Agreement.
5. In consideration for the Composer’s assignment of rights in this Agreement, ____will provide appropriate attribution (the form of which is in _____’s sole discretion) for the composer’s creation of the Contribution if and when the Work is distributed or sold.
6. In addition, to the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint the Composer has in the Work or the Contribution, the Composer waives those rights as to __________, its successors, licensees or assigns.
READ THIS ENTIRE DOCUMENT CAREFULLY; IT IS A RELEASE AND ASSIGNMENT OF YOUR LEGAL RIGHTS.
ACCEPTED AND AGREED TO: