Our SSC Agreement
This is the Duck River Music’s Single Song Contract Agreement. Duck River enters into an agreement with the writer for each song. Duck River Music enters into individual agreements with the writer for each song. The writer is under no obligation to Duck River for any other song he/she may have written or will write. We can structure our contracts to accommodate co-writers.
SINGLE SONG AGREEMENT
This Single Song Agreement (the “Agreement”) is by and between _________________, d/b/a Duck River Music (“Publisher”) and ______________________________________________ . _______________________________________________________ (“Writer”) and is entered into this ___________ day of ______________, 2010 for the song _______________________________________ ___________________________________________________________________________ (“Composition”).
1. Writer’s Promise. Writer promises that he/she is the exclusive owner of the Composition. Writer also promises and that he/she has the authority to enter into this Agreement and that entering into this Agreement will not infringe the rights of any other person or entity. Writer also promises that he/she is not subject to backup withholding by the IRS, and Writer understands and agrees that he/she is responsible for payment of all federal, state or local taxes.
2. Grant of Rights to Publisher. Writer agrees to transfer, convey and assign the copyrights and all rights under U.S. and foreign copyright law in the Composition to Publisher, his heirs and successors for the duration of this Agreement. Writer gives Publisher permission to change the lyrics and/or music of the Composition. Writer gives Publisher the right to use Writer’s name and likeness for the purposes of this Agreement.
3. Term of Agreement. This Agreement shall last for the length of the copyright term in the Composition unless Publisher fails to secure a commercial recording within two (2) years of the above date. If Publisher fails to secure a commercial recording as stated in this paragraph, all rights granted to Publisher shall revert back to Writer and this Agreement shall be deemed terminated.
4. Publisher’s Responsibilities. In exchange for the grant of rights to Publisher, Publisher shall secure as many uses of the Composition in whatever way possible and shall also do the following:
A. Royalties. Pay Writer fifty (50%) percent of all royalties collected minus Publisher’s customary expenses for the use of said Composition, including, but not limited to, mechanical, synchronization, print, electrical transcription, grand rights, and digital transmission usages in the United States and the world. Publisher shall not, however, have any claim to Writer’s performance royalty income collected by Writer’s performance rights organization and Writer shall look solely to Writer’s performance rights organization for payment of performance royalties. Publisher shall have the right to use collection and licensing agencies to collect royalties, as Publisher deems appropriate. Writer agrees that Publisher shall not pay royalties on any free goods or on any items that Publisher has not received payment.
B. Accounting. Publisher shall pay royalties within sixty (60) days of receiving payment and will provide a statement to Writer every six (6) months. Writer shall have thirty (30) days to review the statement and to inform Publisher of any discrepancies. If Writer does not notify Publisher within the thirty (30) day period, the statement shall be considered accepted by Writer. An audit at Writer’s expenses may be requested in writing once each year and will be provided within forty-five (45) days of receipt of request. Writer shall have thirty (30) days to review the results of the audit and notify Publisher of any discrepancies. After the expiration of the thirty (30) days, Writer shall be considered to have accepted the results of the audit.
C. Changes to the Lyrics. Publisher shall notify Writer if the lyrics and/or music of the Composition need to be changed, but in no event will another writer be named in place of Writer as the author of the Composition. (Lyric changes maybe needed if the song is going to be sung by a different gender than for which the song was written, for example.)
D. Publisher’s Right to Assign. Publisher shall have the right to sell assign, transfer, license, or otherwise dispose of it rights in whole or in part under this Agreement to any person or entity. But said disposition shall not affect the right of the writer to the royalties herein set forth.
5. Infringement. (A) Any legal action brought by Publisher against any alleged infringer of the Composition shall be initiated and prosecuted at the Publisher’s sole expense, and any recover made as a result after deduction of Publisher’s litigation expenses, shall be split 50/50 between Publisher and Writer.
(B) If a legal action is filed against Publisher because of the rights granted to Publisher under this Agreement, Publisher shall have the right, but not the obligation to defend Publisher’s rights in the Composition and/or terminate this Agreement without further obligation to Writer. If Publisher defends its rights to the Composition, the cost of the defense shall be deducted from Writer’s royalties.
WRITER:
_______________________________
PUBLISHER:
_______________________________
Signature
_______________________________
Print Name
_______________________________
Address
_______________________________
Telephone No.
_______________________________
Social Security Number
© 2010 Duck River Music Group