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Co-Publishing Agreement

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CO-PUBLISHING AGREEMENT

This Co-Publishing Agreement (the Agreement) is made and entered into as of (Effective Date), by and between Publisher Name: , and Co-Publisher Name: . Each of Publisher and Co-Publisher is sometimes referred to herein as a Party and collectively as the Parties.

RECITALS

WHEREAS, Co-Publisher is the author and/or owner of certain musical compositions listed in Exhibit A (the Compositions) that are subject to copyright and exploitation in connection with musical compositions, performances, reproductions, and other exploitations; and

WHEREAS, Publisher is engaged in the business of administrating, exploiting and promoting musical compositions and desires to co-publish, administer and exploit the Compositions pursuant to the terms and conditions set forth herein; and

WHEREAS, the Parties desire to set forth their respective rights, obligations and the sharing of income derived from exploitation of the Compositions.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. GRANT OF RIGHTS

1.1 Grant. Co-Publisher hereby grants to Publisher an exclusive right, during the Term and Territory defined herein, to co-publish, administer, license, sublicense, and otherwise exploit the Co-Publisher's share of the musical and publishing rights in the Compositions. The Parties agree that the publishing ownership split shall be: Publisher Share: and Co-Publisher Share: .

1.2 Rights Included. The grant includes, without limitation, the right to license mechanical, synchronization, print, performance, digital and other publishing rights, to collect and receive royalties and other sums payable in respect of the Compositions, and to register copyrights and administer rights in the Parties' joint names as applicable.

2. OWNERSHIP; REGISTRATION

2.1 Ownership. Except as expressly set forth herein, nothing in this Agreement shall be deemed to alter the respective ownership interests of the Parties in the underlying musical compositions. Each Party shall retain its respective author’s share as between the writers, subject to the publishing split set forth in Section 1.

2.2 Registration. The Parties shall cooperatively register the Compositions with performing rights organizations and copyright authorities. The Party responsible for registration: shall promptly provide copies of registrations to the other Party.

3. ADMINISTRATION AND EXPLOITATION

3.1 Administration Rights. Publisher shall have the exclusive right to administer the publishing rights granted hereunder, including the right to negotiate licenses, enter into agreements, and collect sums due in respect of the Publishers' share. Publisher shall exercise reasonable efforts to exploit the Compositions and to collect and account for income in a commercially reasonable manner.

3.2 Sublicenses. Publisher may grant sublicenses on terms it deems appropriate so long as the material economic terms do not reduce amounts payable to Co-Publisher below those provided in this Agreement.

4. ADVANCES; RECOUPMENT

4.1 Advance. Publisher shall pay Co-Publisher an advance against future royalties in the amount of . The advance shall be recoupable solely from the Co-Publisher's share of publisher revenues as set forth herein.

4.2 Recoupment. Advances and allowable costs advanced by Publisher shall be recouped from amounts otherwise payable to Co-Publisher under this Agreement prior to any further distribution to Co-Publisher. Allowable costs include reasonable registration, collection and third‑party processing fees.

5. ACCOUNTING; PAYMENT

5.1 Accounting Frequency. Publisher shall render statements and remit net amounts due to Co-Publisher on a basis, accompanied by reasonable detail of receipts, deductions and allocations.

5.2 Payment Instructions. Payments to Co-Publisher shall be made to the following payee and address unless notified in writing:

6. ROYALTIES; DISTRIBUTION

6.1 Royalty Split. Publisher shall account for and pay Co-Publisher its share of Net Publishing Income in accordance with the split set forth in Section 1. For purposes of this Agreement, "Net Publishing Income" means gross sums actually received by Publisher attributable to the Compositions less customary and documented third-party collection fees, bona fide advances recoupable under Section 4, and direct administration expenses allocable to the Compositions.

6.2 Mechanical and Digital Income. Mechanical, digital and similar statutory royalties shall be allocated and distributed consistent with prevailing industry practice and the Parties' agreed split.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that (a) it has full right, title and authority to enter into and perform this Agreement; (b) the execution and performance of this Agreement do not and will not violate any obligation to any third party; and (c) to the best of its knowledge, the Compositions do not infringe any third-party rights. Co-Publisher further warrants that no third-party consent is required for the grants set forth herein except as disclosed in writing to Publisher.

8. INDEMNIFICATION

Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of a breach of its representations, warranties or obligations under this Agreement, except to the extent such claim arises from the indemnitee's gross negligence or willful misconduct.

9. AUDIT RIGHTS

Co-Publisher shall have the right, at its own expense and not more than once every years during the Term and within years after termination, to audit Publisher's books and records solely insofar as they relate to the Compositions, upon reasonable prior written notice and during normal business hours. Any underpayment revealed by such audit shall be promptly paid by Publisher together with interest at a commercially reasonable rate; if underpayment exceeds five percent (5%) of the amounts due, Publisher shall reimburse reasonable audit costs.

10. TERM; TERMINATION

10.1 Term. The initial term of this Agreement shall be for years from the Effective Date, and shall renew automatically for successive periods of year(s) unless either Party provides written notice of non-renewal at least days prior to the end of the then-current term.

10.2 Termination for Cause. Either Party may terminate this Agreement if the other Party materially breaches its obligations and fails to cure such breach within thirty (30) days after written notice specifying the breach.

11. ASSIGNMENT

Neither Party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld; provided, however, Publisher may assign this Agreement in whole or in part to an affiliate or purchaser of substantially all of Publisher's publishing catalog.

12. CONFIDENTIALITY

The Parties shall keep confidential all non-public terms of this Agreement and any confidential business information disclosed in connection with performance hereunder, except as required by law or as necessary to enforce rights under this Agreement.

13. NOTICES

All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and delivered to the Parties at the following addresses (or to such other address as a Party may specify in writing):

14. MISCELLANEOUS

14.1 Amendments. This Agreement may be amended or modified only by a written instrument executed by both Parties.

14.2 Waiver. No waiver by either Party of any breach of any provision of this Agreement shall be effective unless in writing and signed by the Party granting the waiver, nor shall any waiver constitute a waiver of any subsequent breach.

14.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be binding for all purposes.

14.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles.

14.5 Entire Agreement. This Agreement, together with all exhibits and schedules attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and negotiations, whether written or oral.

14.6 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the Parties shall endeavor to replace the invalid provision with a valid provision that most closely approximates the Parties' original intent.

EXHIBIT A — COMPOSITIONS

ADDITIONAL PROVISIONS

Publisher Printed Name:

By:

Date:

Co-Publisher Printed Name:

By:

Date:

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What a Co-Publishing Agreement Is and When It’s Used

A Co-Publishing Agreement is a contract that divides ownership, administration, and royalty income in a musical work between two publishing parties or between an author and a publisher. It sets the percentage split of copyright ownership, allocates administration and licensing responsibilities, and defines payment schedules and accounting rights. The agreement also addresses warranties, indemnities, geographic scope, term and termination, and how future income streams (mechanical, performance, synchronization) are allocated. Parties commonly execute co-publishing agreements when a songwriter signs with a publisher or when two publishers share rights for administration and exploitation.

Why a Clear Co-Publishing Agreement Matters for Rights and Revenue

A precise co-publishing agreement clarifies ownership percentages, reduces disputes over licensing income, and documents audit and reporting rights. It creates a measurable basis for royalty accounting, assignment of rights to third parties, and enforcement of copyright claims.

Why a Clear Co-Publishing Agreement Matters for Rights and Revenue

Who Typically Executes a Co-Publishing Agreement

The document is used by rights-holders and organizations involved in music publishing, licensing, and administration.

  • Songwriters and composers managing shared ownership with a publisher or sub-publisher; individuals who need clear royalty allocation.
  • Independent or major music publishers assigning administration duties, registering works, and collecting performance/mechanical royalties.
  • Managers, label legal teams, and catalog administrators arranging splits, sync licensing terms, and third-party sub-publishing deals.

Each signer should have authority to assign rights or be accompanied by written authorization; retained counsel is common for complex splits.

Primary Signers and Their Roles

Songwriter / Author

An individual or collective claiming authorship and transferring a share of copyright or administration rights. Must provide accurate legal name and taxpayer identification for royalty and tax reporting.

Publisher / Co-Publisher

A company or entity receiving a share of ownership and the right to administer or license the work. Should be authorized to collect and disburse royalties and to enter registrations with performing rights organizations.

Core Provisions to Include in a Professional Co-Publishing Agreement

A complete agreement captures rights, splits, and operational details so parties understand who may license, collect, and audit revenues.

Parties

Legal names and entity types for each party, plus contact and payment details used for registrations, notices, and tax reporting.

Grant of Rights

Specific rights assigned (copyright share, administration, sub-publishing, synchronization) and whether the grant is exclusive or non-exclusive.

Ownership Split

Precise percentage or fraction of copyright ownership and publishing share allocated to each party, with examples for typical royalty streams.

Royalties & Accounting

Payment schedule, accounting frequency, statement format, reserve rules, recoupment details, and audit rights with lookback period.

Term & Territory

Agreement duration, automatic renewals (if any), and geographic scope for licensing and enforcement of rights.

Representations & Warranties

Assertions about authorship, absence of conflicting agreements, right to assign, indemnities, and breach remedies.

Essential Data Elements to Capture

Legal Name: Exactly as on ID
Entity Type: Individual or company
TIN / SSN: For tax reporting
Payment Details: Bank or payee info
Work Description: Title, writer share
Effective Date: MM/DD/YYYY format

Step-by-Step: Completing a Co-Publishing Agreement

Follow a clear sequence: confirm parties and splits, add work details, set term and territory, include accounting terms, and finalize signatures.

  • 01
    Prepare Draft: Assemble parties, splits, and work metadata for initial review.
  • 02
    Negotiate Terms: Agree on administration, accounting cadence, and audit rights.
  • 03
    Finalize Language: Confirm warranties, indemnities, and termination clauses.
  • 04
    Execute: Sign, date, and distribute fully executed copies to all parties.

Options for Digitally Customizing and Completing the Agreement

Set up a digital workflow that enforces required fields, routes signatures in order, and stores executed copies with audit trails.

Upload Format PDF or DOCX | Use locked PDF for final version
Authentication Email link | SMS code or KBA optional
Required Fields Ownership split | Effective date | Signatures
Routing Sequential or parallel signer order
Retention Audit trail stored | Downloadable PDF

Where to Send or File the Executed Agreement

After execution, distribute copies to each party, register assignments if required, and retain an executed original for audits and royalties.

  • Send to Parties: Email signed PDF to all signers and administrators.
  • Register Assignment: File registration with the Copyright Office when changing ownership.
  • Notify PROs: Update ASCAP/BMI/SESAC account details as needed.
  • Store Securely: Keep executed copy in a secure document repository.

Digital Signing and Delivery Considerations

Use a secure eSignature platform that supports intent, consent, and audit trails to ensure enforceability under U.S. law.

  • Authentication: Email, SMS, or advanced KBA
  • Integrations: Salesforce, NetSuite, Google Workspace
  • File Types: PDF and DOCX supported

Typical Timing and Deadlines in Co-Publishing Agreements

Track dates for effectiveness, royalty accounting, audit windows, and notice periods so rights and payments are timely and enforceable.

Effective Date:

Date the agreement starts (MM/DD/YYYY)

Royalty Statements:

Quarterly or semi-annual accounting periods typical

Audit Lookback:

Often 2–3 years; check the agreement language

Termination Notice:

Commonly 30–90 days written notice

Registration Window:

Register assignments with PROs promptly to collect royalties

Key Milestones from Negotiation to Royalty Accounting

A sequential milestone view helps manage obligations from signing through ongoing accounting and audits.

01

Negotiation Complete

Parties agree on splits, term, and scope; prepare final draft.

02

Execution

Parties sign and exchange executed copies; effective date recorded.

03

Registration

Register assignment with copyright office and PROs as required.

04

Ongoing Accounting

Deliver royalty statements and payments per agreed schedule.

Common Mistakes to Avoid When Preparing a Co-Publishing Agreement

  • Leaving ownership percentages ambiguous or using inconsistent formats that cause registration errors or disputes.
  • Failing to include clear accounting periods and delivery methods for royalty statements, which leads to reconciliation disputes.
  • Omitting audit rights or failing to specify a reasonable lookback period, limiting the ability to verify past payments.
  • Using incomplete or incorrect legal names or TINs, which can trigger backup withholding and slow royalty collection.

Potential Risks and Consequences of Errors

Lost Royalties: Delayed collection
Copyright Disputes: Litigation risk
Tax Penalties: Backup withholding
Invalid Assignment: Claims of unenforceability
Breach Liability: Indemnity exposure
Registration Delays: Missed payments

Practical Scenarios Where a Co-Publishing Agreement Applies

Two typical scenarios show why clear splits and administration terms are useful in practice.

Independent Writer with Indie Publisher

Writer assigns 50% publishing share to an indie publisher for administration

  • Publisher handles PRO registration and licensing
  • Executed agreement enabled timely sync placements and regular quarterly statements that reduced disputes and improved collections.

Split Between Two Publishers

Two publishers agree to split ownership 60/40 and share administration duties

  • Agreement defines territory and sub-publishing rights
  • Clear audit and accounting clauses allowed efficient royalty allocations across territories.

Comparison of eSignature Options for Executing a Co-Publishing Agreement

Choose a provider that supports audit trails, robust authentication, HIPAA/industry compliance where needed, and pricing that fits the organization’s volume.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by promotion Varies by promotion Varies by plan Varies by plan
Bulk Send Yes (available) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Frequently Asked Questions About Co-Publishing Agreements and Electronic Execution

Answers to common questions about enforceability, signatures, registration, and recordkeeping for co-publishing arrangements.


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